US Law Expands Path to Recover Nazi-Looted Art

The US Congress has approved legislation that will remove key legal defenses for possessors of art looted by the Nazis, increasing the chances of Holocaust survivors and their families recovering stolen artwork. With the House of Representatives’ approval on March 16, 2026, the Holocaust Expropriated Art Recovery (Hear) Act of 2025 will develop into law upon President Donald Trump’s signature, following unanimous approval by the Senate in December 2025 .

Extending and Expanding the 2016 Act

The Hear Act of 2025 extends and expands the original Hear Act of 2016, which was set to expire at the end of 2026. The new law not only continues the provisions of the 2016 Act but also eliminates several traditional defenses commonly used in Nazi-era art recovery claims . These include defenses such as “laches” – the argument that a claimant waited too long to sue – and the principle of deference to the domestic actions of foreign nations .

Elimination of Key Legal Defenses

Bipartisan lawmakers lauded the act’s removal of procedural barriers in Nazi-era art recovery claims. Representative Laurel Lee (Republican of Florida) stated the law ensures claims “are evaluated on their merits—not dismissed because of technical legal barriers” . Representative Jerrold Nadler (Democrat of New York), who led efforts to pass the original Hear Act of 2016, affirmed the House’s commitment to allowing plaintiffs with credible claims “to have their day in court, with their case heard on the merits alone” .

Addressing Statutes of Limitations

The new law continues the remedy established in the 2016 Hear Act regarding state statutes of limitations, which often bar lawsuits after a certain period. It maintains a national, six-year time limit to sue, beginning when the claimant discovers key aspects of the claim. Unlike the original law, the 2025 Act does not have a “sunset” or expiration date .

Impact on Museums and Foreign States

Mark Weitzman, chief operating officer of the World Jewish Restitution Organization, emphasized that the legislation will support Holocaust survivors and their families recover artwork held in US museums and collections . He urged American museums to expand provenance research of their collections to ensure transparency and facilitate the identification of looted artwork.

The Act also impacts foreign states. It eliminates the “domestic takings” rule, which previously shielded foreign governments from lawsuits in US courts regarding Nazi-era art claims. Nicholas O’Donnell, a lawyer involved in a previous case against Germany, called the measure “a welcome corrective,” stating that foreign states will now be subject to lawsuits and US court jurisdiction as Congress intended . The Act sets aside the act of state doctrine and international comity, preventing US courts from declining to hear cases involving foreign nations’ actions.

Concerns from the Art Museum Community

The Association of Art Museum Directors (AAMD) expressed concerns about the expanded defenses and perpetual duration of the new Hear Act. They argued that removing traditional defenses could “set a dangerous precedent” and undermine the legal system . However, proponents of the law maintain it is a necessary step towards achieving justice for Holocaust survivors and their families.