[Congressional Record Volume 162, Number 142 (Tuesday, September 20, 2016)]
[House]
[Pages H5688-H5690]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PREVENT TRAFFICKING IN CULTURAL PROPERTY ACT
Mr. ROSKAM. Mr. Speaker, I move to suspend the rules and pass the
bill (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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2285
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 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
[[Page H5689]]
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 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, ``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 appropriate
parties; and
(C) provide for communication and coordination between
relevant U.S. Customs and Border Protection and U.S.
Immigration and Customs Enforcement offices, 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 one year after the date of the enactment of
this Act and three 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Illinois (Mr. Roskam) and the gentleman from Massachusetts (Mr.
Keating) each will control 20 minutes.
The Chair recognizes the gentleman from Illinois.
General Leave
Mr. ROSKAM. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days within which to revise and extend their remarks
and include extraneous material on H.R. 2285 currently under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Illinois?
There was no objection.
Mr. ROSKAM. Mr. Speaker, I yield myself such time as I may consume.
The gentleman from Massachusetts (Mr. Keating) has done good work
here and we are deeply appreciative, and I think all Americans are when
they learn about what is in this piece of legislation. It enjoys broad
bipartisan support, and I am here to urge its passage. Let me tell you
briefly about it.
The Prevent Trafficking in Cultural Property Act is a key component
in the fight against terrorism. This bill will allow us to launch a
strategic blow to ISIS by cutting off one of their main fundraising
sources. ISIS and their network loot and smuggle artifacts from world
heritage sites and sell them on the black market to fund their
terrorist activities. We can and we must put an end to this.
The Department of Homeland Security is responsible for detecting and
collecting stolen artifacts from the U.S., but illegal trade of
valuable artifacts continues to grow, and much more needs to be done to
address this very serious problem. That is where Mr. Keating and this
bill come into play.
This bill creates a clear U.S. policy to stop and prevent the
trafficking of historic artifacts by providing the U.S. Government with
the tools it needs to effectively detain, seize, and investigate
historic objects that are illegally imported into the U.S.
Because ISIS relies heavily on cash to carry out its terrorist
activities, passing this bill is an important step in taking down a
group that has caused so much harm, so much heartache, and so much
anxiety to Americans, our allies, and innocent civilians around the
world.
Mr. Speaker, I reserve the balance of my time.
House of Representatives,
Committee on the Judiciary,
Washington, DC, September 14, 2016.
Hon. Kevin Brady,
Chairman, Committee on Ways and Means, Washington, DC.
Dear Chairman Brady: I write with respect to H.R. 2285, the
``Prevent Trafficking in Cultural Property Act,'' which was
referred to the Committee on Ways and Means and in addition
to the Committee on the Judiciary among others. As a result
of your having consulted with us on provisions within H.R.
2285 that fall within the Rule X jurisdiction of the
Committee on the Judiciary, I agree to discharge our
committee from further consideration of this bill so that it
may proceed expeditiously to the House floor for
consideration.
The Judiciary Committee takes this action with our mutual
understanding that by forgoing consideration of H.R. 2285 at
this time, we do not waive any jurisdiction over subject
matter contained in this or similar legislation and that our
committee will be appropriately consulted and involved as
this bill or similar legislation moves forward so that we may
address any remaining issues in our jurisdiction. Our
committee also reserves the right to seek appointment of an
appropriate number of conferees to any House-Senate
conference involving this or similar legislation and asks
that you support any such request.
I would appreciate a response to this letter confirming
this understanding with respect to H.R. 2285 and would ask
that a copy of our exchange of letters on this matter be
included in your committee report and in the Congressional
Record during floor consideration of H.R. 2285.
Sincerely,
Bob Goodlatte,
Chairman.
____
House of Representatives,
Committee on Ways and Means,
Washington, DC, September 15, 2016.
Hon. Bob Goodlatte,
Chairman, Committee on the Judiciary, Washington, DC.
Dear Chairman Goodlatte: Thank you for your letter
regarding H.R. 2885, the ``Prevent Trafficking in Cultural
Property Act.'' As you noted, the Committee on the Judiciary
was granted an additional referral of the bill.
I am most appreciative of your decision to waive formal
consideration of H.R. 2885 so that it may proceed
expeditiously to the House floor. I acknowledge that although
you waived formal consideration of the bill, the Committee on
the Judiciary is in no way waiving its jurisdiction over the
subject matter contained in those provisions of the bill that
fall within your Rule X jurisdiction. I would support your
effort to seek appointment of an appropriate number of
conferees on any House-Senate conference involving this
legislation.
I will include a copy of our letters in the Congressional
Record during consideration of this legislation on the House
floor.
Sincerely,
Kevin Brady,
Chairman.
Mr. KEATING. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 2285. I would like to thank my
colleague from Illinois (Mr. Roskam) for
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his strong support in trying to eradicate a major funding source for a
terrorist group that is causing great destruction all over the world
now, ISIL.
I rise in support of H.R. 2285. It is a bill to prevent stolen and
illicit cultural property from financing terrorist and criminal
networks, and also to improve enforcement and prosecution against
trafficking in cultural property.
Mr. Speaker, H.R. 2285, the Prevent Trafficking in Cultural Property
Act, is a bipartisan bill aimed at stopping ISIL and other terrorist
groups from advancing their activities through the sale of stolen
antiquities and other cultural property. Along with oil and hostage-
taking, this is one of the leading sources of their terrorist
financing.
To date, ISIL has reportedly plundered tens of millions of dollars
from antiquities stolen in Syria alone. In just one 4-month period, at
the end of 2014 and the beginning of 2015, ISIL earned more than
$265,000 in what they term ``taxes'' on the sale of antiquities. I was
struck by intelligence indicating that ISIL had stolen $36 million from
one site alone in al-Nabuk, west of Damascus.
As a member of the Homeland Security Committee, we work with Customs
and Border Patrol and Immigration and Customs Enforcement officials,
and we have learned that there was a gap in enforcement of laws and
regulations against trafficking in cultural property, and there was a
real need to require greater information sharing across agencies and to
better equip personnel to identify stolen antiquities and trafficking
networks. This bill closes this gap by expanding trainings for
personnel and by enhancing coordination between Customs and Border
Protection and Immigration and Customs Enforcement.
H.R. 2285 also increases cooperation with agencies outside the
Department of Homeland Security, authorizing memorandums of
understanding with groups like the Smithsonian Institution to promote
collaboration around cultural property protection activities and
training our personnel to spot these illegal acts.
ISIL forces have been terrorizing communities across the Middle East,
targeting ethnic and religious minorities with acts of enslavement and
genocide. Their attacks have been directed not only against people, but
against ancient historic sites, works of art, objects, monuments, and
buildings, as ISIL has worked to destroy all evidence of the region's
rich cultural, historical, and religious identity. What ISIL does not
destroy, it sells to generate income for their terrorist acts.
This legislation would help cut off an important revenue stream for
ISIL and, by working to close the illicit antiquities market in the
United States, would ultimately reduce the incentives in Iraq and Syria
to loot and steal antiquities in the first place.
We must act to disrupt these smuggling and trafficking networks so
that ISIL may not profit from the destruction of the cultural and
heritage backgrounds of this region, so that the remaining treasured
cultural and historic sites throughout Syria and Iraq will live on.
I urge my colleagues to join me in support of this legislation.
Mr. Speaker, I yield such time as he may consume to the gentleman
from New York (Mr. Engel), the ranking member of the Committee on
Foreign Affairs.
Mr. ENGEL. Mr. Speaker, I thank the gentleman from Massachusetts (Mr.
Keating) for yielding to me. He is a very valued member of the Foreign
Affairs Committee and, once again, he is doing excellent work with this
bill, and Mr. Roskam as well.
I am proud to be an original cosponsor of this bill. I am grateful
for the work that Mr. Keating has done to shine a light on the
challenge of antiquities looting.
We hear these stories about ISIS terrorists destroying heritage sites
and smashing statutes, and it is heartbreaking. They are trying to wipe
away history. But I have heard people say: Well, this is bad, but
shouldn't we be focused on stopping violence and killing?
Well, make no mistake; these practices go hand in hand. It is not a
matter of choosing one over the other. Before ISIS extremists pulverize
statues and temples, they loot whatever they can carry and peddle these
items on the black market. I have a bill--a law, actually--that has
been passed involving these antiquities in Syria. This is a funding
source for their campaign of terror; so, by confronting the problem, we
are working to cut off a valuable resource for ISIS.
As I mentioned, I am proud that, earlier this year, the President
signed a law that I authored to impose new import restrictions on
antiquities looted from Syria during the current conflict. Mr. Keating
and Mr. Roskam's measure goes a step further to help provide the
training needed to enforce the protections we have put in place.
The new restrictions are similar to what we have imposed for Iraq a
number of years ago. They are designed to undermine the market for
looted antiquities and ensure that antiquities sold by terrorist
organizations don't find their way to our shores.
Before these restrictions can do their job, however, law enforcement
needs tools and training to identify stolen antiquities so they don't
slip through our ports. Mr. Keating's legislation will help make sure
Customs and Border Protection and Immigration and Customs Enforcement
officers are able to intercept and investigate cultural property
illegally imported into the United States. It will make it easier for
them to root out the trafficking networks responsible for this
trafficking, and it expresses support for the U.S. attorneys we depend
on for prosecuting these cases.
This is not a new job for these officers. For years they have worked
to prevent trafficking in illegal antiquities. But their jobs are
harder than ever. This bill will get them the legal tools and training
they need to get that job done.
So, Mr. Speaker, we need every tool at our disposal to deny ISIS
funding and resources. That is what we are doing when we focus on
antiquities looting. At the same time, we are working to preserve
cultural heritage that is increasingly under threat.
So I thank Mr. Keating for his leadership and hard work. I thank him
for bringing the bill forward. I am very pleased to support it, and I
urge all Members to do the same.
{time} 1745
Mr. KEATING. Mr. Speaker, I just want to thank the gentleman from
Illinois (Mr. Roskam) for his support in this. I want to thank the 19
cosponsors of this legislation, including the gentleman from New York
(Mr. Engel) who just spoke and who is the ranking member of the Foreign
Affairs Committee, and the gentleman from Texas (Mr. McCaul) who is the
chair of the Homeland Security Committee.
Mr. Speaker, I yield back the balance of my time.
Mr. ROSKAM. Mr. Speaker, I think our constituents are really
heartened when they see both parties coming together to work on things
of national importance. Without question, H.R. 2285 is in that
category. It is a tool that we need to combat ISIS.
I commend Mr. Keating, and I urge its passage.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Illinois (Mr. Roskam) that the House suspend the rules
and pass the bill, H.R. 2285, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. HUELSKAMP. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________