[Congressional Record Volume 162, Number 64 (Tuesday, April 26, 2016)]
[House]
[Pages H1984-H1987]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROTECT AND PRESERVE INTERNATIONAL CULTURAL PROPERTY ACT
Mr. ROYCE. Mr. Speaker, I move to suspend the rules and concur in the
Senate amendment to the 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.
The Clerk read the title of the bill.
The text of the Senate amendment is as follows:
Senate 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
[[Page H1985]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Royce) and the gentleman from New York (Mr. Engel) each
will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. ROYCE. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and to
include any extraneous material into the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. ROYCE. Mr. Speaker, I yield myself such time as I may consume.
I acknowledge the ranking member, Mr. Eliot Engel from New York, for
his outstanding leadership on this legislation. With its passage today,
his H.R. 1493, the Protect and Preserve International Cultural Property
Act, will head to the President's desk for his signature.
This is a critical measure. The Islamic State, or ISIS, continues to
wreak havoc throughout Iraq and Syria. It is laying a path of death and
destruction in its wake, and it has inspired deadly attacks around the
world and deadly attacks here at home.
No offense is more appalling than the terrorists' complete disregard
for human life. As this body has recognized, ISIS is waging a genocide
against religious minorities in the Middle East. I recently had the
opportunity to talk to some of those Yazidi girls and Christian
minorities about what they had been through, as well as to talk to
Sunni and Kurdish families. It has unleashed a campaign of sickening
violence against Muslims who do not share its radical beliefs and
against the other religious minorities across the Middle East and
beyond.
Besides the human toll of ISIS' deplorable acts, we also mourn the
tremendous loss of cultural heritage as these extremists loot and
destroy their way through ancient sites in the territories that they
conquer. We have seen sickening footage of ISIS' drilling its way
through priceless artifacts in Mosul and in its bulldozing of
magnificent Mesopotamian ruins in the 3,000-year-old city of Nimrud.
[[Page H1986]]
ISIS claims the annihilation of cultural sites is meant to counter
idol worship, but clearly these terrorists have another goal: to remove
all traces of the region's rich and diverse religious and cultural
past. It is in line with what the Nazis tried to do in burning the
books across Europe in trying to burn history that predated them. By
eliminating all evidence of religious pluralism and by eliminating all
evidence of humanity's common heritage, it is paving the way for its
own horrifying brand of radical Islamist extremism.
The looting of antiquities is big business for ISIS. Experts estimate
that the group has earned millions of dollars from the sale of stolen
artifacts every year, which are often peddled by middlemen in old-
fashioned markets or online. Unfortunately, buyers in the U.S. appear
to be a primary end destination for many of these pieces, as does
Europe, as does Asia.
Mr. Speaker, I just returned from the Middle East. I was honored to
speak at the Iraq Museum in Baghdad about the need to counter ISIS'
trafficking of priceless antiquities. This region is steeped in history
from the rise and fall of empires to the evolution of writing and
mathematics and art. Much of this heritage remains at risk due to
looting by ISIS and, I should add, by other parties to the conflict in
Syria, including the murderous Assad regime.
That is why last year, Ranking Member Eliot Engel and I introduced
this legislation, which will help the U.S. do its part to counter this
black market trade. Specifically, this legislation will prevent those
antiquities that have been removed since the start of Syria's civil war
from being sold or imported into the United States. This will reduce
funding to ISIS and will disincentivize future looting.
Again, I thank the ranking member, as well as Representatives Smith
and Keating, for all of their work on this measure. I also acknowledge
the bill's Senate cosponsors--Senators Casey and Perdue and Grassley,
as well as Chairman Corker and Ranking Member Cardin of the Senate
Committee on Foreign Relations--whose leadership was instrumental to
this measure's passage by Mr. Engel in the Senate.
I reserve the balance of my time.
Mr. ENGEL. Mr. Speaker, I yield myself such time as I may consume.
I rise in strong support of this legislation.
First of all, I thank our chairman, Ed Royce, for his leadership on
the Committee on Foreign Affairs and for pushing this bill ahead. I
don't want to underestimate how important he has been in making sure
that this bill reaches the floor. I thank Congressman Chris Smith for
joining me as a lead Republican cosponsor on this measure, and I thank
our Senate colleagues for their work to help get us to this point.
This legislation is another great example of the Committee on Foreign
Affairs' working across the aisle to get results because we believe,
again, that foreign policy should be bipartisan and that partisanship
should stop at the water's edge. When the House finishes its work on
this bill today, it will be on its way to the President's desk, and
that is something of which we should all be proud.
Mr. Speaker, since the time ISIS emerged as a factor in Iraq and in
Syria, we have read reports, have seen images, and have watched videos
of ISIS terrorists in their destroying of ancient structures and
artifacts in the areas they control. It is actually heartbreaking.
These fanatics literally want to wipe away history. They want to
destroy any trace of culture or belief system that doesn't conform to
their twisted ideology and twisted way of thinking, but that is not the
whole story.
ISIS has also seized on cultural artifacts as a funding source. If
you look at satellite pictures of heritage sites that ISIS controls,
you can pick out thousands of small holes in the desert. ISIS has
looted these areas, has dug up coins and statues and anything else it
can carry, and has trafficked those items on the black market. As a
result, millions of dollars have flowed into ISIS' coffers.
So a few years ago I knew we needed to do more to combat this serious
problem. With the help of several colleagues--and, again, I emphasize
how helpful the chairman has been--I set out to help preserve this
history and, at the same time, to cut off a vital revenue stream for
these terrorists. I was confident we could do it because we have done
it before.
During the Iraq war, we also saw the looting of antiquities. So we
passed legislation then to impose import restrictions on those items
coming in from Iraq.
{time} 1816
I decided that we needed to take similar steps with respect to items
coming out of Syria. So we got to work, talking to experts and
officials to find the best ways of stopping looted goods arriving on
our shores and to make sure those goods aren't sold to help ISIS'
campaign of violence.
It is really disgraceful that anyone in the United States would buy
these things. Those proven practices and innovative approaches are at
the core of this bill.
These restrictions would bring the United States in line with the
U.N. Security Council resolution passed unanimously last year. That
resolution called on all States to deny funding to ISIS by preventing
trade in Iraqi and Syrian cultural property.
Our European partners have already stepped up and enacted similar
measures. That is good news because it is going to take a wide-ranging
effort to effectively crack down on this illegal marketplace.
My bill would also encourage administration agencies already working
on this problem to collaborate more closely so that our efforts are
more streamlined and efficient. Finally, it is important to note that
the legislation would not prevent the importation of Syrian artifacts
for preservation or restoration.
So this is a good bill. I have been working on it for several years.
I am proud of everything that has gone into it by my colleagues and our
staff members.
I am glad, once again, that we are working in a bipartisan way to
pass legislation that advances our interests, and I am very grateful
that we are so close to the finish line on this bill.
So I want to thank everybody. I want to especially thank Chairman
Royce once again. I ask that all Members support this bill.
I reserve the balance of my time.
Mr. ROYCE. Mr. Speaker, I reserve the balance of my time to close.
Mr. ENGEL. Mr. Speaker, it is always a great feeling to cross the
finish line on a piece of legislation. At our best, that is what the
Foreign Affairs Committee does, and we are at our best here this day.
So I again want to thank Chairman Royce for his leadership and
partnership. I want to thank our Senate colleagues for doing their
part. I want to thank the staff that worked so hard on this bill.
We should be seizing every available opportunity to cut off resources
to ISIS and other terrorist groups. This legislation goes after a
practice that has put millions of dollars in ISIS' hands and has
resulted in the irreversible destruction of some of history's greatest
artifacts.
So it destroys these artifacts, which is bad enough, but then it puts
money in ISIS' hands. They actually make money by doing it. It is
aiding and abetting terrorism. So it is a double whammy.
We knew from past experience that the approach laid out in this bill
works. It is long past due that we ramp up our efforts to stop the
looting, stop the trafficking, and stop the destruction.
I urge my colleagues to support this bill and send it to the
President. I know that the President will sign it. It is very
important. I hope we will soon see this legislation enacted and on the
books.
I yield back the balance of my time.
Mr. ROYCE. Mr. Speaker, I yield myself such time as I may consume
Again, I thank Mr. Eliot Engel of New York for this legislation.
The ancient cities now facing destruction at the hands of ISIS are
considered the birthplace of modern civilization. As we stand here on
the floor of the House, we see behind us the relief of the great
lawgivers.
First, there is Moses. Next to him is Hammurabi for Hammurabi's Code,
the great lawgivers and heroes of liberty. We think about the fact
that, in this part of the world, these antiquities are now in the hands
of ISIS.
[[Page H1987]]
As one expert told the Financial Services Committee's Task Force to
Investigate Terrorism Financing last week, this is where the Acadian
King Hammurabi ruled at the beginning of the second millennium BC and
where the Hebrew prophet Jonah preached successfully repentance to the
Assyrian Ninevites 1,000 years later.
Now, in 2015, ISIS has as many as 4,500 cultural sites under its
control. A raid carried out last year by U.S. Special Forces revealed
that ISIS has invested heavily in the looting and smuggling of
antiquities in the region as they cut up antiquities and then try to
trade them for hard currency.
The legislation before us today is an important step toward curbing
this illicit trade and limiting funding to these terrorists. I do want
to note that the bill's emergency import restrictions are not designed
to continue in perpetuity and can be waived under certain conditions
for the temporary safeguarding of cultural property in the United
States.
The bill also presses the administration to increase accountability
for U.S. efforts to protect cultural property overseas and improves
congressional oversight of this work.
I appreciate the other committees of jurisdiction for working with
the Foreign Affairs Committee on this measure, particularly the
Committee on Ways and Means for its assistance on the cultural import
restrictions in this bill.
Lastly, I want to recognize the work of the committee staff on this
important legislation, particularly Jessica Kelch, who, along with Mark
Iozzi on Mr. Engel's staff and Kristen Marquardt on the Foreign Affairs
Committee staff, worked out all the complexities to deliver what I am
confident will be effective legislation.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Royce) that the House suspend the rules
and concur in the Senate amendment to the bill, H.R. 1493.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the Senate amendment was concurred in.
A motion to reconsider was laid on the table.
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