[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3538 Introduced in Senate (IS)]
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114th CONGRESS
2d Session
S. 3538
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 SENATE OF THE UNITED STATES
December 9, 2016
Mr. Casey (for himself and Mr. Grassley) introduced the following bill;
which was read twice and referred to the Committee on Finance
_______________________________________________________________________
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 Convention for the Protection of
Cultural Property in the Event of Armed Conflict, done at The
Hague on May 14, 1954 (Treaty Doc. 106-1(A)) (commonly referred
to as the ``Hague Convention''); 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, done at Paris 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 Convention for the Protection of Cultural Property in
the Event of Armed Conflict, the 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 et
seq.).
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, entitled ``Customs Directive on Detention and
Seizure of Cultural Property'' and 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 offices of U.S. Customs and Border
Protection and U.S. Immigration and Customs
Enforcement, 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 1 year after the date of the enactment of this Act
and 3 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.
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