[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1271 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1271

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 17, 2003

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

_______________________________________________________________________

                                 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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Enhanced Protection of Our Cultural 
Heritage Act of 2003''.

SEC. 2. ENHANCED PENALTIES FOR CULTURAL HERITAGE CRIMES.

    (a) 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''.
    (b) 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 1 year, or both.''.
    (c) 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, imprisoned not more than 10 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, imprisoned not 
more than 1 year, or both.''.
                                 <all>