[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1493 Engrossed Amendment Senate (EAS)]

<DOC>
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                        April 13, 2016.
    Resolved, That the bill from the House of Representatives (H.R. 
1493) entitled ``An Act to protect and preserve international cultural 
property at risk due to political instability, armed conflict, or 
natural or other disasters, and for other purposes.'', do pass with the 
following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protect and Preserve International 
Cultural Property Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that the President should establish an 
interagency coordinating committee to coordinate the efforts of the 
executive branch to protect and preserve international cultural 
property at risk from political instability, armed conflict, or natural 
or other disasters. Such committee should--
            (1) be chaired by a Department of State employee of 
        Assistant Secretary rank or higher, concurrent with that 
        employee's other duties;
            (2) include representatives of the Smithsonian Institution 
        and Federal agencies with responsibility for the preservation 
        and protection of international cultural property;
            (3) consult with governmental and nongovernmental 
        organizations, including the United States Committee of the 
        Blue Shield, museums, educational institutions, and research 
        institutions, and participants in the international art and 
        cultural property market on efforts to protect and preserve 
        international cultural property;
            (4) coordinate core United States interests in--
                    (A) protecting and preserving international 
                cultural property;
                    (B) preventing and disrupting looting and illegal 
                trade and trafficking in international cultural 
                property, particularly exchanges that provide revenue 
                to terrorist and criminal organizations;
                    (C) protecting sites of cultural and archaeological 
                significance; and
                    (D) providing for the lawful exchange of 
                international cultural property.

SEC. 3. EMERGENCY PROTECTION FOR SYRIAN CULTURAL PROPERTY.

    (a) In General.--The President shall exercise the authority of the 
President under section 304 of the Convention on Cultural Property 
Implementation Act (19 U.S.C. 2603) to impose import restrictions set 
forth in section 307 of that Act (19 U.S.C. 2606) with respect to any 
archaeological or ethnological material of Syria--
            (1) not later than 90 days after the date of the enactment 
        of this Act;
            (2) without regard to whether Syria is a State Party (as 
        defined in section 302 of that Act (19 U.S.C. 2601)); and
            (3) notwithstanding--
                    (A) the requirement of subsection (b) of section 
                304 of that Act (19 U.S.C. 2603(b)) that an emergency 
                condition (as defined in subsection (a) of that 
                section) applies; and
                    (B) the limitations under subsection (c) of that 
                section.
    (b) Annual Determination Regarding Certification.--
            (1) Determination.--
                    (A) In general.--The President shall, not less 
                often than annually, determine whether at least 1 of 
                the conditions specified in subparagraph (B) is met, 
                and shall notify the appropriate congressional 
                committees of such determination.
                    (B) Conditions.--The conditions referred to in 
                subparagraph (A) are the following:
                            (i) The Government of Syria is incapable, 
                        at the time a determination under such 
                        subparagraph is made, of fulfilling the 
                        requirements to request an agreement under 
                        section 303 of the Convention on Cultural 
                        Property Implementation Act (19 U.S.C. 2602), 
                        including the requirements under subsection 
                        (a)(3) of that section.
                            (ii) It would be against the United States 
                        national interest to enter into such an 
                        agreement.
            (2) Termination of restrictions.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the import restrictions referred to in subsection 
                (a) shall terminate on the date that is 5 years after 
                the date on which the President determines that neither 
                of the conditions specified in paragraph (1)(B) are 
                met.
                    (B) Request for termination.--If Syria requests to 
                enter into an agreement with the United States pursuant 
                to section 303 of the Convention on Cultural Property 
                Implementation Act (19 U.S.C. 2602) on or after the 
                date on which the President determines that neither of 
                the conditions specified in paragraph (1)(B) are met, 
                the import restrictions referred to in subsection (a) 
                shall terminate on the earlier of--
                            (i) the date that is 3 years after the date 
                        on which Syria makes such a request; or
                            (ii) the date on which the United States 
                        and Syria enter into such an agreement.
    (c) Waiver.--
            (1) In general.--The President may waive the import 
        restrictions referred to in subsection (a) for specified 
        archaeological and ethnological material of Syria if the 
        President certifies to the appropriate congressional committees 
        that the conditions described in paragraph (2) are met.
            (2) Conditions.--The conditions referred to in paragraph 
        (1) are the following:
                    (A)(i) The owner or lawful custodian of the 
                specified archaeological or ethnological material of 
                Syria has requested that such material be temporarily 
                located in the United States for protection purposes; 
                or
                    (ii) if no owner or lawful custodian can reasonably 
                be identified, the President determines that, for 
                purposes of protecting and preserving such material, 
                the material should be temporarily located in the 
                United States.
                    (B) Such material shall be returned to the owner or 
                lawful custodian when requested by such owner or lawful 
                custodian.
                    (C) There is no credible evidence that granting a 
                waiver under this subsection will contribute to illegal 
                trafficking in archaeological or ethnological material 
                of Syria or financing of criminal or terrorist 
                activities.
            (3) Action.--If the President grants a waiver under this 
        subsection, the specified archaeological or ethnological 
        material of Syria that is the subject of such waiver shall be 
        placed in the temporary custody of the United States Government 
        or in the temporary custody of a cultural or educational 
        institution within the United States for the purpose of 
        protection, restoration, conservation, study, or exhibition, 
        without profit.
            (4) Immunity from seizure.--Any archaeological or 
        ethnological material that enters the United States pursuant to 
        a waiver granted under this section shall have immunity from 
        seizure under Public Law 89-259 (22 U.S.C. 2459). All 
        provisions of Public Law 89-259 shall apply to such material as 
        if immunity from seizure had been granted under that Public 
        Law.
    (d) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations and the 
                Committee on Finance of the Senate; and
                    (B) the Committee on Foreign Affairs and the 
                Committee on Ways and Means of the House of 
                Representatives.
            (2) Archaeological or ethnological material of syria.--The 
        term ``archaeological or ethnological material of Syria'' means 
        cultural property (as defined in section 302 of the Convention 
        on Cultural Property Implementation Act (19 U.S.C. 2601)) that 
        is unlawfully removed from Syria on or after March 15, 2011.

SEC. 4. REPORT.

    Not later than 1 year after the date of the enactment of this Act, 
and annually thereafter for the next 6 years, the President shall 
submit to the appropriate congressional committees a report on the 
efforts of the executive branch, during the 12-month period preceding 
the submission of the report, to protect and preserve international 
cultural property, including--
            (1) whether an interagency coordinating committee as 
        described in section 2 has been established and, if such a 
        committee has been established, a description of the activities 
        undertaken by such committee, including a list of the entities 
        participating in such activities;
            (2) a description of measures undertaken pursuant to 
        relevant statutes, including--
                    (A) actions to implement and enforce section 3 of 
                this Act and section 3002 of the Emergency Protection 
                for Iraqi Cultural Antiquities Act of 2004 (Public Law 
                108-429; 118 Stat. 2599), including measures to 
                dismantle international networks that traffic illegally 
                in cultural property;
                    (B) a description of any requests for a waiver 
                under section 3(c) of this Act and, for each such 
                request, whether a waiver was granted;
                    (C) a list of the statutes and regulations employed 
                in criminal, civil, and civil forfeiture actions to 
                prevent illegal trade and trafficking in cultural 
                property;
                    (D) actions undertaken to ensure the consistent and 
                effective application of law in cases relating to 
                illegal trade and trafficking in cultural property; and
                    (E) actions undertaken to promote the legitimate 
                commercial and non-commercial exchange and movement of 
                cultural property; and
            (3) actions undertaken in fulfillment of international 
        agreements on cultural property protection, including the 
        Convention for the Protection of Cultural Property in the Event 
        of Armed Conflict, done at The Hague May 14, 1954.

            Attest:

                                                             Secretary.
114th CONGRESS

  2d Session

                               H.R. 1493

_______________________________________________________________________

                               AMENDMENT