[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

[[Page H5690]]

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.

                          ____________________