[Congressional Record (Bound Edition), Volume 162 (2016), Part 3]
[Senate]
[Pages 4248-4249]
[From the U.S. 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 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.

[[Page 4249]]



     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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