[Congressional Record Volume 148, Number 73 (Thursday, June 6, 2002)]
[Senate]
[Pages S5210-S5211]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself, Mr. Inouye, Mrs. Clinton, Mr. 
        Bingaman, and Mrs. Boxer):
  S. 2598. A bill to enhance the criminal penalties for illegal 
trafficking of archaeological resources, and for other purposes; to the 
Committee on Energy and Natural Resources.
  Mr. LEAHY. Mr. President, I rise today to introduce the Enhanced 
Protection of Our Cultural Heritage, EPOCH, Act of 2002. This 
legislation will increase the maximum penalties for violations of three 
existing statutes that protect the cultural and archaeological history 
of the American people, particularly Native Americans. The United 
States Sentencing Commission recommended the statutory changes 
contained in this bill, which would complement the Commission's 
strengthening of Federal sentencing guidelines to ensure more stringent 
penalties for criminals who steal from our public lands. I welcome the 
Commission's suggestion and am pleased that Senators Inouye, Clinton, 
Bingaman, and Boxer have joined me as cosponsors.
  This bill will increase the maximum penalties for the Archaeological 
Resources Protection Act, ARPA, 16 USC Sec.  470ee, the Native American 
Graves Protection and Repatriation Act, NAGPRA, 18 USC Sec.  1170, and 
for 18 USC Sec.  1163, which prohibits theft from Indian Tribal 
Organizations. All three statutes currently impose a 5-year maximum 
sentence, and each includes a lower maximum for a first offense of the 
statute and/or a violation of the statute involving property of less 
than a specified value. This bill would create a 10-year maximum 
sentence for each statute, while eliminating the lower maximums under 
ARPA and NAGPRA for first offenses.
  Such maximum sentences would be consistent with similar Federal 
statutes. For example, the 1994 law proscribing museum theft carries a 
10-year maximum sentence, as do the general statutes punishing theft 
and the destruction of government property. Moreover, increasing the 
maximum sentences will give judges and the Sentencing Commission 
greater discretion to impose punishments appropriate to the amount of 
destruction a defendant has done.
  Making these changes will also enable the Sentencing Commission's 
recent sentencing guidelines to be fully implemented. The Commission 
has increased sentencing guidelines for cultural heritage crimes, but 
the statutory maximum penalties contained in current law will prevent 
judges from issuing sentences in the upper range of the new guidelines. 
Those new guidelines have the enthusiastic support of the Justice and 
Interior Departments, the Society for American Archeology, the National 
Trust for Historic Preservation, numerous Native American nations, and 
many others. Congress should take the steps necessary to see the 
guidelines take full effect.
  Two of the three laws we amend with this legislation protect Native 
American lands and property. The third, ARPA, protects both public and 
Indian lands, and provides significant protection to my State of 
Vermont. For example, ARPA can be used to prosecute those who would 
steal artifacts from the wrecked military vessels at the bottom of Lake 
Champlain that date to the Revolutionary War and the War of 1812. U.S. 
Attorneys can also use ARPA to prosecute criminals who take items that 
are at least 100 years old from a protected site on Vermont State 
property without a permit, and then transport those goods into another 
State. In addition, ARPA protects artifacts found on the approximately 
5 percent of Vermont land that is Federal property, land that includes 
many ``ghost towns'' that have long been abandoned but are an important 
part of our history.
  Those who would pillage the rich cultural heritage of this Nation and 
its people are committing serious crimes. These artifacts are the 
legacy of all Americans and should not be degraded as garage sale 
commodities or as fodder for private enrichment.
  I would like to thank a number of people for their help and advice 
about this legislation. Charlie Tetzlaff, as well as the rest of the 
staff at the Sentencing Commission, helped us understand the importance 
of this issue, and made protecting our cultural heritage a priority 
when he served as United States Attorney for Vermont. Art Cohn, the 
director of the Lake Champlain Maritime Museum, and Giovanna Peebles, 
Vermont's State Archeologist, were very helpful in explaining how our 
laws protect the cultural heritage of Vermont and the rest of the 
Nation, and I am grateful for their support for this bill.
  Passage of this legislation would demonstrate Congress' commitment to 
preserving our Nation's history and our cultural heritage. I urge my 
colleagues to support this common-sense initiative.
  I would ask that the text of this legislation be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2598

       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 2002''.

     SEC. 2. ENHANCED PENALTIES FOR CULTURAL HERITAGE CRIMES.

       (a) Enhanced Penalty for Illegal Trafficking in 
     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 
     ``not more than $100,000, imprisoned not more than 10 years, 
     or both.''.
       (b) Enhanced Penalty for Embezzlement and Theft From Indian 
     Tribal Organizations.--Section 1163 of title 18, United 
     States

[[Page S5211]]

     Code, is amended by striking ``five years'' and inserting 
     ``10 years''.
       (c) 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 a 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, or both, and in the case of a second or 
     subsequent violation, be fined in accordance with this title, 
     imprisoned not more than 5 years'' and inserting ``imprisoned 
     not more than 10 years''.
                                 ______