Text: H.R.1493 — 114th Congress (2015-2016)All Information (Except Text)

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Public Law No: 114-151 (05/09/2016)

 
[114th Congress Public Law 151]
[From the U.S. Government Publishing Office]



[[Page 130 STAT. 369]]

Public Law 114-151
114th Congress

                                 An Act


 
 To protect and preserve international cultural property at risk due to 
 political instability, armed conflict, or natural or other disasters, 
      and for other purposes. <<NOTE: May 9, 2016 -  [H.R. 1493]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Protect and 
Preserve International Cultural Property Act. 19 USC 2601 note.>> 
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 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, and participants in the international art and 
        cultural property market on efforts to protect and preserve 
        international cultural property;
            (4) coordinate 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. <<NOTE: President.>>  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)

[[Page 130 STAT. 370]]

with respect to any archaeological or ethnological material of Syria--
            (1) <<NOTE: Deadline.>>  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) <<NOTE: Notification.>>  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), including the requirements under subsection 
                      (a)(3) of that section.
                          (ii) It would be against the United States 
                      national interest to enter into such an agreement.
            (2) <<NOTE: Determination.>>  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) <<NOTE: Certification.>>  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

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                requested that such material be temporarily located in 
                the United States for protection purposes; or
                    (ii) <<NOTE: Determination.>>  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) <<NOTE: Applicability.>> . 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.
SEC. 4. <<NOTE: President. Time period.>>  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

[[Page 130 STAT. 372]]

                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) <<NOTE: List.>>  a list of the statutes and 
                regulations employed in criminal, civil, and civil 
                forfeiture actions to prevent illegal trade and 
                trafficking in cultural property;
                    (D) actions undertaken to ensure the consistent and 
                effective application of law in cases relating to 
                illegal trade and trafficking in cultural property; and
                    (E) actions undertaken to promote the legitimate 
                commercial and non-commercial exchange and movement of 
                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.

    Approved May 9, 2016.

LEGISLATIVE HISTORY--H.R. 1493:
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CONGRESSIONAL RECORD:
                                                        Vol. 161 (2015):
                                    June 1, considered and passed House.
                                                        Vol. 162 (2016):
                                    Apr. 13, considered and passed 
                                        Senate, amended.
                                    Apr. 26, House concurred in Senate 
                                        amendment.

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