[Congressional Record Volume 162, Number 56 (Wednesday, April 13, 2016)]
[Senate]
[Pages S2062-S2063]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROTECT AND PRESERVE INTERNATIONAL CULTURAL PROPERTY ACT
Mr. INHOFE. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 360, H.R. 1493.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (H.R. 1493) to protect and preserve international
cultural property at risk due to political instability, armed
conflict, or natural or other disasters, and for other
purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Foreign Relations, with
an amendment to strike all after the enacting clause and insert in lieu
thereof the following:
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
and advance 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 on efforts to protect and preserve international
cultural property;
(4) coordinate and advance 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).
(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
[[Page S2063]]
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; and
(D) actions undertaken to ensure the consistent and
effective application of law in cases relating to illegal
trade and trafficking in 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.
Mr. INHOFE. Mr. President, I further ask unanimous consent that the
Casey amendment be agreed to; the committee-reported amendment, as
amended, be agreed to; the bill, as amended, be read a third time and
passed; and the motion to reconsider be considered made and laid upon
the table, with no intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 3788) was agreed to, as follows:
(Purpose: To improve the bill)
On page 19, line 16, strike ``and advance''.
On page 20, line 6, insert after ``research institutions''
the following: ``, and participants in the international art
and cultural property market''.
On page 20, line 8, strike ``and advance''.
On page 22, line 9, insert after ``2602)'' the following:
``, including the requirements under subsection (a)(3) of
that section''.
On page 26, line 25, strike ``and''.
On page 27, between lines 4 and 5, insert the following:
(E) actions undertaken to promote the legitimate commercial
and non-commercial exchange and movement of cultural
property; and
The committee-reported amendment in the nature of a substitute, as
amended, was agreed to.
The amendment was ordered to be engrossed, and the bill to be read a
third time.
The bill was read the third time.
The bill (H.R. 1493), as amended, was passed.
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