[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