Holocaust Expropriated Art Recovery Act of 2016
Floor Speech
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Mr. COHEN. Mr. Speaker, I yield myself such time as I may consume.
I appreciate the work Mr. Conyers, the ranking member, has done on this bill; Mr. Goodlatte, the chairman and the sponsor; and Mr. Nadler, our Democratic colead.
I rise in support of H.R. 6130, the Holocaust Expropriated Art Recovery Act of 2016. H.R. 6130 creates a new 6-year Federal statute of limitations for civil claims filed in Federal or State court to allow a claimant to recover artwork and other cultural property that was stolen, seized, sold under duress, or otherwise lost as a result of Nazi persecution during the period from January 1, 1933, to December 31, 1945.
The bill provides that this limitation period begins upon a claimant's ``actual discovery'' of the identity and location of the art that was unlawfully lost, and information or facts sufficient to indicate that the claimant has a possessory interest in the art.
In addition, the bill specifies that this new limitations period applies to cases filed prior to December 31, 2026. Finally, the bill's provisions sunset on January 1, 2027.
The new Federal limitations period established by H.R. 6130 is necessary because State statutes of limitations often bar claims if they are not filed within some specified number of years from the date of the loss.
For Holocaust-era claims concerning stolen art, this means that most statutes of limitations would bar cases even before victims are able to have actual knowledge of whether their art or other cultural property had been stolen by the Nazis and been located and still was present.
Importantly, H.R. 6130 restores the claims that were barred by existing State statutes of limitations by deeming the bill's date of enactment as the moment of ``actual discovery'' for purposes of triggering the bill's new 6-year limitations period.
This critical legislation reinforces longstanding American policy, encouraging restitution for victims of the Nazi government or its allies and agents, including with respect to Nazi-confiscated or looted art.
As recently as this morning, a feature article was in The New York Times: ``Jewish Dealer's Heirs File Suit Over Art in Bavarian State Collection.'' Indeed, that case is about the facts, but it shows that there are still active cases where it has been discovered that there was art that was owned by Jewish people that was taken by others and put in the hands of the Nazis, and there is an issue about whether or not there is a right to recovery.
This would guarantee that those people who discover art--and this art was discovered some person's house that had been hidden for years in a person's house behind walls, and all of this valuable art that had been stolen and hidden was only discovered about 3 years ago--that the rightful owners, or heirs to the owners, would have a right in American courts to pursue justice.
In recognition of the Nazi government's deliberate campaign to steal artwork and other cultural property from its victims, H.R. 6130 rightfully ensures victims are given a chance to have their day in court to pursue justice.
Accordingly, I urge my colleagues to join me in supporting this legislation.
Mr. Speaker, I reserve the balance of my time.
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Mr. COHEN. Mr. Speaker, I yield myself such time as I may consume.
This legislation is supported by many, including the American Jewish Committee, B'nai B'rith International, the Commission for Art Recovery, the World Jewish Congress, the World Jewish Restitution Organization, and the Association of Art Museum Directors.
I do applaud Chairman Goodlatte and Mr. Nadler for their work on this important legislation. I urge my colleagues to support it.
Just kind of parenthetically, I watched a movie called ``Race,'' which was put out last fall, about Jesse Owens. It was a movie about the 1936 Olympics and how Hitler didn't want him to participate and how there were two Jewish runners who were supposed to participate and they were scratched by our American Olympic chairman because he didn't want the Jewish men to run in front of Hitler and win--because they would have--and the Americans won by a large amount of space and time, and that was not allowed.
Things that happened there should never be forgotten. Elie Wiesel was remembered at the Holocaust Museum recently, after he passed earlier this year. He told us that we can never forget, and we always should bear witness.
We should bear witness and remember and try to do justice for the victims of the Holocaust, as we should to the people who have been disenfranchised and damaged and hurt by our periods of Jim Crow and slavery. Keep us attuned and aware and alert.
Mr. Speaker, I yield back the balance of my time.
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