[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3538 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 3538

  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 SENATE OF THE UNITED STATES

                            December 9, 2016

Mr. Casey (for himself and Mr. Grassley) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 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 Convention for the Protection of 
        Cultural Property in the Event of Armed Conflict, done at The 
        Hague on May 14, 1954 (Treaty Doc. 106-1(A)) (commonly referred 
        to as the ``Hague Convention''); 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, done at Paris November 14, 
        1970.

SEC. 3. STATEMENT OF POLICY.

    It shall be the policy of the United States to--
            (1) ensure the components of the Department of Homeland 
        Security enhance and unify efforts to--
                    (A) interdict, detain, seize, and investigate 
                cultural property illegally imported into the United 
                States;
                    (B) disrupt and dismantle smuggling and trafficking 
                networks and transnational criminal organizations 
                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 Convention for the Protection of Cultural Property in 
        the Event of Armed Conflict, the 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 et 
        seq.).

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

    The Commissioner of U.S. Customs and Border Protection and the 
Director of U.S. Immigration and Customs Enforcement shall--
            (1) designate a principal coordinator within U.S. Customs 
        and Border Protection and U.S. Immigration and Customs 
        Enforcement, respectively, to direct, manage, coordinate, and 
        update their respective policies and procedures, as well as 
        conduct interagency communications, regarding illegally 
        imported cultural property;
            (2) update existing directives, regulations, rules, and 
        memoranda of understanding of U.S. Customs and Border 
        Protection and U.S. Immigration and Customs Enforcement, 
        respectively, 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, entitled ``Customs Directive on Detention and 
                Seizure of Cultural Property'' and 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 appropriate parties; and
                    (C) provide for communication and coordination 
                between relevant offices of U.S. Customs and Border 
                Protection and U.S. Immigration and Customs 
                Enforcement, respectively, in investigating and 
                supporting prosecutions of persons engaged in, 
                conspiring to engage in, or facilitating the illegal 
                importation of cultural property; and
            (3) ensure relevant personnel within U.S. Customs and 
        Border Protection and U.S. Immigration and Customs Enforcement, 
        respectively, receive sufficient training in--
                    (A) relevant cultural property laws;
                    (B) the identification of cultural property that is 
                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 1 year after the date of the enactment of this Act 
and 3 years thereafter, the Commissioner of U.S. Customs and Border 
Protection and the Commissioner of U.S. Immigration and Customs 
Enforcement shall jointly submit to the Committee on Ways and Means and 
the Committee on Homeland Security of the House of Representatives and 
the Committee on Finance 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) other actions to enhance and unify 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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