Sec. 5. Statute of limitations

576 words·~3 min read·/bill/114/hr/6130/eh/section-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Notwithstanding any other provision of Federal or State law or any defense at law relating to the passage of time, and except as otherwise provided in this section, a civil claim or cause of action against a defendant to recover any artwork or other property that was lost during the covered period because of Nazi persecution may be commenced not later than 6 years after the actual discovery by the claimant or the agent of the claimant of— the identity and location of the artwork or other property; and a possessory interest of the claimant in the artwork or other property.

For purposes of subsection (a)(1), in a case in which the artwork or other property is one of a group of substantially similar multiple artworks or other property, actual discovery of the identity and location of the artwork or other property shall be deemed to occur on the date on which there are facts sufficient to form a substantial basis to believe that the artwork or other property is the artwork or other property that was lost. Except as provided in subsection (e), a civil claim or cause of action described in subsection

(a)shall be deemed to have been actually discovered on the date of enactment of this Act if— before the date of enactment of this Act— a claimant had knowledge of the elements set forth in subsection (a); and the civil claim or cause of action was barred by a Federal or State statute of limitations; or before the date of enactment of this Act, a claimant had knowledge of the elements set forth in subsection (a); and on the date of enactment of this Act, the civil claim or cause of action was not barred by a Federal or State statute of limitations. Subsection

(a)shall apply to any civil claim or cause of action that is— pending in any court on the date of enactment of this Act, including any civil claim or cause of action that is pending on appeal or for which the time to file an appeal has not expired; or filed during the period beginning on the date of enactment of this Act and ending on December 31, 2026. Subsection

(a)shall not apply to any civil claim or cause of action barred on the day before the date of enactment of this Act by a Federal or State statute of limitations if— the claimant or a predecessor-in-interest of the claimant had knowledge of the elements set forth in subsection

(a)on or after January 1, 1999; and not less than 6 years have passed from the date such claimant or predecessor-in-interest acquired such knowledge and during which time the civil claim or cause of action was not barred by a Federal or State statute of limitations. Nothing in this Act shall be construed to create a civil claim or cause of action under Federal or State law. This Act shall cease to have effect on January 1, 2027, except that this Act shall continue to apply to any civil claim or cause of action described in subsection

(a)that is pending on January 1, 2027. Any civil claim or cause of action commenced on or after that date to recover artwork or other property described in this Act shall be subject to any applicable Federal or State statute of limitations or any other Federal or State defense at law relating to the passage of time.