[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2285 Reported in House (RH)]
<DOC>
Union Calendar No. 593
114th CONGRESS
2d Session
H. R. 2285
[Report No. 114-380, Parts I and II]
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 13, 2015
Mr. Keating (for himself, Mr. McCaul, and Mr. Engel) introduced the
following bill; which was referred to the Committee on Ways and Means,
and in addition to the Committees on Homeland Security and the
Judiciary, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
December 15, 2016
Reported from the Committee on Homeland Security with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
September 19, 2016
Additional sponsors: Mr. Langevin, Mr. Sherman, Mr. Higgins, Mr. Royce,
Mr. Katko, Mr. Barletta, Mrs. Lowey, Mr. Brendan F. Boyle of
Pennsylvania, Mr. Schiff, Mr. Barr, Ms. Jackson Lee, Mr. Cicilline, Mr.
Thompson of Mississippi, Mr. Pittenger, Mr. Fitzpatrick, Mr. McGovern,
and Mr. David Scott of Georgia
September 19, 2016
Reported from the Committee on Ways and Means with an amendment
[Strike out all after the enacting clause and insert the part printed
in boldface roman]
September 19, 2016
The Committee on the Judiciary discharged; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on May 13,
2015]
_______________________________________________________________________
A BILL
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.
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 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 Homeland Security
and the Committee on Ways and Means of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs and the
Committee on Finance 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.
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 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.
Union Calendar No. 593
114th CONGRESS
2d Session
H. R. 2285
[Report No. 114-380, Parts I and II]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
September 19, 2016
Reported from the Committee on Ways and Means with an amendment
September 19, 2016
The Committee on the Judiciary discharged; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed