Sec. 5. STATUTE OF LIMITATIONS

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

## SEC. 5 STATUTE OF LIMITATIONS ###

(a)In General 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— ####

(1)the identity and location of the artwork or other property; and ####

(2)a possessory interest of the claimant in the artwork or other property. ###

(b)Relation to Foreign State Immunities Notwithstanding any other law or prior judicial decision, any civil claim or cause of action covered by subsection

(a)shall be deemed to be an action in which rights in violation of international law are in issue for purposes of section 1605(a)(3) of title 28, United States Code, without regard to the nationality or citizenship of the alleged victim. ###

(c)Possible Misidentification 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. ###

(d)Preexisting Claims Except as provided in subsection (h), 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— ####

(1)before the date of enactment of this Act— #####

(A)a claimant had knowledge of the elements set forth in subsection (a); and #####

(B)the civil claim or cause of action was barred by a Federal or State statute of limitations; or ####

(2)#####

(A)before the date of enactment of this Act, a claimant had knowledge of the elements set forth in subsection (a); and #####

(B)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. ###

(e)Applicability Subsections (a), (b), (f), and

(g)shall apply to any civil claim or cause of action that is— ####

(1)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 ####

(2)filed on or after the date of enactment of this Act. ###

(f)Defenses Based on Passage of Time and Other Non-Merits Defenses With respect to any claim that is otherwise timely under this Act— ####

(1)all defenses or substantive doctrines based on the passage of time, including laches, adverse possession, acquisitive prescription, and usucapion, may not be applied with respect to the claim; and ####

(2)all non-merits discretionary bases for dismissal, including the act of state doctrine, international comity, forum non conveniens, prudential exhaustion, and similar doctrines unrelated to the merits, may not be applied with respect to the claim. ###

(g)Nationwide Service of Process For a civil action brought under subsection

(a)in any State or Federal court, process may be served in the judicial district where the case is brought or any other judicial district of the United States where the defendant may be found, resides, has an agent, or transacts business. ###

(h)Exception 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— ####

(1)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 ####

(2)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. ###

(i)Rule of Construction Nothing in this Act shall be construed to create a civil claim or cause of action under Federal or State law.