[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2598 Reported in Senate (RS)]

                                                       Calendar No. 575
107th CONGRESS
  2d Session
                                S. 2598

                          [Report No. 107-258]

     To enhance the criminal penalties for illegal trafficking of 
           archaeological resources, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 6, 2002

  Mr. Leahy (for himself, Mr. Inouye, Mrs. Clinton, Mr. Bingaman, and 
  Mrs. Boxer) introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

                           September 9, 2002

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
     To enhance the criminal penalties for illegal trafficking of 
           archaeological resources, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Enhanced Protection of Our 
Cultural Heritage Act of 2002''.</DELETED>

<DELETED>SEC. 2. ENHANCED PENALTIES FOR CULTURAL HERITAGE 
              CRIMES.</DELETED>

<DELETED>    (a) Enhanced Penalty for Illegal Trafficking in 
Archaeological Resources.--Section 6(d) of the Archaeological Resources 
Protection Act of 1979 (16 U.S.C. 470ee(d)) is amended by striking 
``not more than $10,000'' and all that follows through the end of the 
subsection, and inserting ``not more than $100,000, imprisoned not more 
than 10 years, or both.''.</DELETED>
<DELETED>    (b) Enhanced Penalty for Embezzlement and Theft From 
Indian Tribal Organizations.--Section 1163 of title 18, United States 
Code, is amended by striking ``five years'' and inserting ``10 
years''.</DELETED>
<DELETED>    (c) Enhanced Penalty for Illegal Trafficking in Native 
American Human Remains and Cultural Items.--Section 1170 of title 18, 
United States Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (a), by striking ``or imprisoned 
        not more than 12 months, or both, and in the case of a second 
        or subsequent violation, be fined in accordance with this 
        title, or imprisoned not more than 5 years'' and inserting 
        ``imprisoned not more than 10 years''; and</DELETED>
        <DELETED>    (2) in subsection (b), by striking ``imprisoned 
        not more than one year, or both, and in the case of a second or 
        subsequent violation, be fined in accordance with this title, 
        imprisoned not more than 5 years'' and inserting ``imprisoned 
        not more than 10 years''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Enhanced Protection of Our Cultural 
Heritage Act of 2002''.

SEC. 2. ENHANCED PENALTIES FOR CULTURAL HERITAGE CRIMES.

    (a) Enhanced Penalty for Archaeological Resources.--Section 6(d) of 
the Archaeological Resources Protection Act of 1979 (16 U.S.C. 
470ee(d)) is amended by striking ``not more than 10,000'' and all that 
follows through the end of the subsection and inserting ``in accordance 
with title 18, United States Code, or imprisoned not more than ten 
years or both; but if the sum of the commercial and archaeological 
value of the archaeological resources involved and the cost of 
restoration and repair of such resources does not exceed $500, such 
person shall be fined in accordance with title 18, United States Code, 
or imprisoned not more than one year, or both.''.
    (b) Enhanced Penalty for Embezzlement and Theft From Indian Tribal 
Organizations.--Section 1163 of title 18, United States Code, is 
amended by striking ``five years'' and inserting ``10 years''.
    (c) Enhanced Penalty for Illegal Trafficking in Native American 
Human Remains and Cultural Items.--Section 1170 of title 18, United 
States Code, is amended--
            (1) in subsection (a), by striking ``or imprisoned not more 
        than 12 months, or both, and in the case of second or 
        subsequent violation, be fined in accordance with this title, 
        or imprisoned not more than 5 years'' and inserting 
        ``imprisoned not more than 10 years''; and
            (2) in subsection (b), by striking ``imprisoned not more 
        than one year'' and all that follows through the end of the 
        subsection and inserting ``imprisoned not more than 10 years, 
        or both; but if the sum of the commercial and archaeological 
        value of the cultural items involved and the cost of 
        restoration and repair of such items does not exceed $500, such 
        person shall be fined in accordance with this title, imprisoned 
        not more than one year, or both.''.




                                                       Calendar No. 575

107th CONGRESS

  2d Session

                                S. 2598

                          [Report No. 107-258]

_______________________________________________________________________

                                 A BILL

     To enhance the criminal penalties for illegal trafficking of 
           archaeological resources, and for other purposes.

_______________________________________________________________________

                           September 9, 2002

                       Reported with an amendment