[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2285 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 2285

  To improve enforcement against trafficking in cultural property and 
 prevent stolen or illicit cultural property from financing terrorist 
             and criminal networks, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 13, 2015

  Mr. Keating (for himself, Mr. McCaul, and Mr. Engel) introduced the 
following bill; which was referred to the Committee on Ways and Means, 
    and in addition to the Committees on Homeland Security and the 
 Judiciary, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To improve enforcement against trafficking in cultural property and 
 prevent stolen or illicit cultural property from financing terrorist 
             and criminal networks, 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 ``Prevent Trafficking in Cultural 
Property Act''.

SEC. 2. DEFINITION.

    In this Act, the term ``cultural property'' includes property 
covered under--
            (1) Article 1 of the Hague Convention for the Protection of 
        Cultural Property in the Event of Armed Conflict, adopted at 
        the Hague on May 14, 1954 (Treaty 13 Doc. 106-1(A)); or
            (2) Article 1 of the Convention on the Means of Prohibiting 
        and Preventing the Illicit Import, Export, and Transfer of 
        Ownership of Cultural Property, adopted by the United Nations 
        Educational, Scientific and Cultural Organization (``UNESCO'') 
        on November 14, 1970.

SEC. 3. STATEMENT OF POLICY.

    It shall be the policy of the United States to--
            (1) ensure the Department of Homeland Security, 
        specifically U.S. Customs and Border Protection (CBP) and U.S. 
        Immigration and Customs Enforcement (ICE), enhances and unifies 
        its efforts to--
                    (A) interdict, detain, seize, and investigate 
                cultural property illegally imported into the United 
                States;
                    (B) disrupt and dismantle smuggling and trafficking 
                networks engaged in, conspiring to engage in, or 
                facilitating illegal trade in cultural property, 
                including stolen antiquities used to finance terrorism; 
                and
                    (C) support Offices of United States Attorneys in 
                prosecuting persons engaged in, conspiring to engage 
                in, or facilitating illegal trade in cultural property; 
                and
            (2) protect cultural property pursuant to its obligations 
        under the 1954 Hague Convention for the Protection of Cultural 
        Property in the Event of Armed Conflict, the 1970 UNESCO 
        Convention on the Means of Prohibiting and Preventing the 
        Illicit Import, Export, and Transfer of Ownership of Cultural 
        Property, and the Convention on Cultural Property 
        Implementation Act (19 U.S.C. 2601-2613).

SEC. 4. ACTIVITIES OF THE DEPARTMENT OF HOMELAND SECURITY.

    The Secretary of Homeland Security, acting through the Commissioner 
of CBP and the Director of ICE, as applicable, shall--
            (1) direct CBP and ICE to each designate a principal 
        coordinator or group of personnel to direct, manage, 
        coordinate, and update their respective policies and 
        procedures, as well as conduct interagency communications, 
        regarding illegally imported cultural property;
            (2) direct CBP and ICE to each update existing directives, 
        regulations, rules, and memoranda of understanding, and, if 
        necessary, devise additional directives, regulations, rules, 
        and memoranda of understanding, relating to policies and 
        procedures on the illegal importation of cultural property in 
        order to--
                    (A) reflect changes in cultural property law, 
                including changes and updates to relevant treaties, 
                bilateral agreements, statutes, regulations, and case 
                law that occurred subsequent to Customs Directive No. 
                5230-015, ``Customs Directive on Detention and Seizure 
                of Cultural Property'', dated April 18, 1991;
                    (B) emphasize investigating, and providing support 
                for investigations and prosecutions, of persons engaged 
                in, conspiring to engage in, or facilitating the 
                illegal importation of cultural property, including 
                smugglers, dealers, buyers, money launderers, and any 
                other parties, facilitators, and enablers; and
                    (C) provide for communication, coordination, and 
                unity of effort between relevant CBP and ICE offices in 
                investigating and supporting prosecutions of persons 
                engaged in, conspiring to engage in, or facilitating 
                the illegal importation of cultural property; and
            (3) ensure all personnel within CBP and ICE involved in 
        interdicting and investigating the illegal importation of 
        cultural property receive sufficient training in--
                    (A) relevant cultural property laws;
                    (B) the identification of cultural property from 
                regions that are at greatest risk of looting and 
                trafficking; and
                    (C) methods of interdiction and investigative 
                techniques specifically related to illegal trade in 
                cultural property.

SEC. 5. ROLE OF THE SMITHSONIAN INSTITUTION.

    The Secretary of Homeland Security shall ensure that the heads of 
all components of the Department of Homeland Security involved in 
cultural property protection activities are authorized to enter into 
agreements or memoranda of understanding with the Smithsonian 
Institution to temporarily engage personnel from the Smithsonian 
Institution for the purposes of furthering such cultural property 
protection activities.

SEC. 6. REPORT.

    Not later than one year after the date of the enactment of this Act 
and three years thereafter, the Secretary of Homeland Security shall 
submit to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate a report on--
            (1) the progress of the implementation of this Act; and
            (2) the Department's other actions to enhance and unify its 
        efforts to interdict, detain, seize, and investigate cultural 
        property illegally imported into the United States, and 
        investigate, disrupt, and dismantle smuggling and trafficking 
        networks engaged in, conspiring to engage in, or facilitating 
        the illegal importation of cultural property.
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