Holocaust Expropriated Art Recovery Act could return paintings stolen by Nazis in WWII
It’s not every day that the third-ranking Senate Democrat Chuck Schumer (D-NY) and arch-conservative Tea Party ideological leader Sen. Ted Cruz (R-TX) cosponsor a bill together. But if there’s one thing they both dislike, it’s Nazis.
About the bill
S. 2763, the Holocaust Expropriated Art Recovery (HEAR) Act, would replace the current statutes of limitations set by states for prosecuting art thefts with a federal six-year statute of limitations starting from the time the theft is identified. This is to clarify the confusion created by some lawyers arguing that the statute of limitations lasting only a few years should start when the crime was committed — in many cases, the 1940s.
An estimated 20 percent of all European art was looted by the Nazis during World War II, and perhaps 300,000 pieces of art are still missing. The Commission for Art Recovery, the lead organization helping to procure stolen works, has recovered $160 million worth of art but the existing short statute of limitations (and the patchwork system) can make it difficult.
Lead sponsor Sen. John Cornyn (R-TX) said in a press release introducing the bill, “While nothing can right the wrongs of the Holocaust, ensuring that victims and their families have the opportunity to recover art confiscated by the Nazis is one modest way to help provide closure for those who endured this dark period in history.”
A celebrity endorsement
Introduced in April, the bill received a jolt of publicity after Oscar-winning actress Dame Helen Mirren testified before Congress in favor of the bill. Mirren had been interested in the subject since starring in the 2015 film “Woman in Gold,” the real-life tale of Maria Altmann who took a case all the way to the Supreme Court in 2004 to recover paintings originally owned by her family but subsequently stolen by the Nazis.
Maria Altmann’s story is as a refugee in the United States, who was finally granted justice through retaining what was rightfully hers, at the hands of the U.S. Supreme Court,” Mirren said in her testimony. “But victims of Nazi theft should not have to demonstrate the boldness and capacity to commit the resources of Maria Altmann in order to recover what is rightfully theirs.”
Protecting unwitting buyers
The bill also is careful not to tip the scales should any similar cases like the 2004 Supreme Court case arise in the future. “The HEAR Act’s purpose is to advance the cause of justice before the law. The bill’s aim is not to inflict punishment or pass judgment on any individual who may have unsuspectingly acquired artwork that was confiscated during the Holocaust,” said World Jewish Restitution Organization Chairman Ronald S. Lauder. “Rather, the HEAR Act’s goal is to ensure that people with claims are afforded an opportunity to have their cases heard on their merits.”
Our prognosis
GovTrack Insider was unable to locate any statements of opposition to the bill, though its odds of passage depend on how much of a priority the bill is given in the waning months prior to a contentious election. The bill has been referred to the Senate Judiciary Committee’s Subcommittee on the Constitution and Subcommittee on Oversight, Agency Action, Federal Rights and Federal Courts.
