US Congress Extends Holocaust Art Recovery Law with Expanded Legal Provisions

The United States Congress has passed legislation that significantly alters the legal landscape for recovering art looted during the Nazi era. The Holocaust Expropriated Art Recovery Act of 2025 received approval from the House of Representatives on March 16, following Senate passage in December, and awaits the president's signature to become law. This legislation extends the 2016 HEAR Act, which was set to expire in 2026, and introduces substantial changes by eliminating several traditional legal defenses previously available to defendants in restitution cases. Key defenses now prohibited include laches (claims of unreasonable delay by plaintiffs), deference to foreign nations' domestic actions, and the act of state doctrine. The law maintains a national six-year statute of limitations from when claimants discover relevant facts about their case, but removes the previous sunset provision, making it permanent. Bipartisan sponsors, including Representative Laurel Lee (Republican-Florida) and Representative Jerrold Nadler (Democrat-New York), emphasized that the changes ensure cases are decided based on their substantive merits rather than procedural technicalities. Supporters like the World Jewish Restitution Organization argue this removes barriers that effectively protected looted art, while critics including the Association of Art Museum Directors express concern about overturning fundamental legal principles and potentially increasing litigation. The legislation also addresses the 2021 Supreme Court decision in the Guelph Treasure case by eliminating the 'domestic takings' rule defense. Legal experts note this will subject foreign states to U.S. jurisdiction for Nazi-era art claims as Congress originally intended.