[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1493 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 360
114th CONGRESS
  2d Session
                                H. R. 1493


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 2, 2015

Received; read twice and referred to the Committee on Foreign Relations

                            February 2, 2016

               Reported by Mr. Corker, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Protect and Preserve 
International Cultural Property Act''.</DELETED>

<DELETED>SEC. 2. DEFINITION.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Appropriate congressional committees.--The 
        term ``appropriate congressional committees'' means the 
        Committee on Foreign Affairs, the Committee on Ways and Means, 
        the Committee on Armed Services, and the Committee on the 
        Judiciary of the House of Representatives and the Committee on 
        Foreign Relations, the Committee on Finance, the Committee on 
        Armed Services, and the Committee on the Judiciary of the 
        Senate.</DELETED>
        <DELETED>    (2) Cultural property.--The term ``cultural 
        property'' includes property covered under--</DELETED>
                <DELETED>    (A) the Hague Convention for the 
                Protection of Cultural Property in the Event of Armed 
                Conflict, concluded at The Hague on May 14, 1954 
                (Treaty Doc. 106-1(A));</DELETED>
                <DELETED>    (B) Article 1 of the Convention Concerning 
                the Protection of the World's Cultural and Natural 
                Heritage, adopted by UNESCO on November 23, 1972 
                (commonly referred to as the ``1972 Convention''); 
                or</DELETED>
                <DELETED>    (C) 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 UNESCO on November 14, 1970 (commonly 
                referred to as the ``1970 UNESCO 
                Convention'').</DELETED>

<DELETED>SEC. 3. FINDINGS AND STATEMENT OF POLICY.</DELETED>

<DELETED>    (a) Findings.--Congress finds the following:</DELETED>
        <DELETED>    (1) Over the years, international cultural 
        property has been looted, trafficked, lost, damaged, or 
        destroyed due to political instability, armed conflict, natural 
        disasters, and other threats.</DELETED>
        <DELETED>    (2) During China's Cultural Revolution, many 
        antiques were destroyed, including a large portion of old 
        Beijing, and Chinese authorities are now attempting to rebuild 
        portions of China's lost architectural heritage.</DELETED>
        <DELETED>    (3) In 1975, the Khmer Rouge, after seizing power 
        in Cambodia, systematically destroyed mosques and nearly every 
        Catholic church in the country, along with many Buddhist 
        temples, statues, and Buddhist literature.</DELETED>
        <DELETED>    (4) In 2001, the Taliban destroyed the Bamiyan 
        Buddhas, ancient statues carved into a cliffside in central 
        Afghanistan, leading to worldwide condemnation.</DELETED>
        <DELETED>    (5) After the fall of Saddam Hussein, thieves 
        looted the Iraq Museum in Baghdad, resulting in the loss of 
        approximately 15,000 items, including ancient amulets, 
        sculptures, ivories, and cylinder seals. Many of these items 
        remain unrecovered.</DELETED>
        <DELETED>    (6) The 2004 Indian Ocean earthquake and tsunami 
        not only affected 11 countries, causing massive loss of life, 
        but also damaged or destroyed libraries, archives, and World 
        Heritage Sites such as the Mahabalipuram in India, the Sun 
        Temple of Koranak on the Bay of Bengal, and the Old Town of 
        Galle and its fortifications in Sri Lanka.</DELETED>
        <DELETED>    (7) In Haiti, the 2010 earthquake destroyed art, 
        artifacts, and archives, and partially destroyed the 17th 
        century Haitian city of Jacmel.</DELETED>
        <DELETED>    (8) In Mali, the Al-Qaeda affiliated terrorist 
        group Ansar Dine destroyed tombs and shrines in the ancient 
        city of Timbuktu--a major center for trade, scholarship, and 
        Islam in the 15th and 16th centuries--and threatened 
        collections of ancient manuscripts.</DELETED>
        <DELETED>    (9) In Egypt, recent political instability has led 
        to the ransacking of museums, resulting in the destruction of 
        countless ancient artifacts that will forever leave gaps in 
        humanity's record of the ancient Egyptian 
        civilization.</DELETED>
        <DELETED>    (10) In Syria, the ongoing civil war has resulted 
        in the shelling of medieval cities, damage to five World 
        Heritage Sites, and the looting of museums containing artifacts 
        that date back more than six millennia and include some of the 
        earliest examples of writing.</DELETED>
        <DELETED>    (11) In Iraq and Syria, the militant group ISIL 
        has destroyed numerous cultural sites and artifacts, such as 
        the Tomb of Jonah in July 2014, in an effort to eradicate 
        ethnic and religious minorities from contested territories. 
        Concurrently, cultural antiquities that escape demolition are 
        looted and trafficked to help fund ISIL's militant 
        operations.</DELETED>
        <DELETED>    (12) On February 12, 2015, the United Nations 
        Security Council unanimously adopted resolution 2199 (2015), 
        which ``[r]eaffirms its decision in paragraph 7 of resolution 
        1483 (2003) and decides that all Member States shall take 
        appropriate steps to prevent the trade in Iraqi and Syrian 
        cultural property and other items of archaeological, 
        historical, cultural, rare scientific, and religious importance 
        illegally removed from Iraq since 6 August 1990 and from Syria 
        since 15 March 2011, including by prohibiting cross-border 
        trade in such items, thereby allowing for their eventual safe 
        return to the Iraqi and Syrian people.''.</DELETED>
        <DELETED>    (13) United Nations Security Council resolution 
        2199 (2015) also warns that ISIL and other extremist groups are 
        trafficking cultural heritage items from Iraq and Syria to fund 
        their recruitment efforts and carry out terrorist 
        attacks.</DELETED>
        <DELETED>    (14) The destruction of cultural property 
        represents an irreparable loss of humanity's common cultural 
        heritage and is therefore a loss for all Americans.</DELETED>
        <DELETED>    (15) Protecting international cultural property is 
        a vital part of United States cultural diplomacy, showing the 
        respect of the United States for other cultures and the common 
        heritage of humanity.</DELETED>
        <DELETED>    (16) The United States Armed Forces have played 
        important roles in preserving and protecting cultural property. 
        In 1943, President Franklin D. Roosevelt established a 
        commission to advise the United States military on the 
        protection of cultural property. The commission formed teams of 
        individuals known as the ``Monuments Men'' who are credited 
        with securing, cataloguing, and returning hundreds of thousands 
        of works of art stolen by the Nazis during World War 
        II.</DELETED>
        <DELETED>    (17) The Department of State, in response to the 
        Convention on Cultural Property Implementation Act, noted that 
        ``the legislation is important to our foreign relations, 
        including our international cultural relations. The expanding 
        worldwide trade in objects of archaeological and ethnological 
        interest has led to wholesale depredations in some countries, 
        resulting in the mutilation of ceremonial centers and 
        archaeological complexes of ancient civilizations and the 
        removal of stone sculptures and reliefs.''. The Department 
        further noted that ``[t]he United States considers that on 
        grounds of principle, good foreign relations, and concern for 
        the preservation of the cultural heritage of mankind, it should 
        render assistance in these situations.''.</DELETED>
        <DELETED>    (18) The U.S. Committee of the Blue Shield was 
        founded in 2006 to support the implementation of the 1954 Hague 
        Convention for the Protection of Cultural Property in the Event 
        of Armed Conflict and to coordinate with the United States 
        military, other branches of the United States Government, and 
        other cultural heritage nongovernmental organizations in 
        preserving international cultural property threatened by 
        political instability, armed conflict, or natural or other 
        disasters.</DELETED>
<DELETED>    (b) Statement of Policy.--It shall be the policy of the 
United States to--</DELETED>
        <DELETED>    (1) protect and preserve international cultural 
        property at risk of looting, trafficking, and destruction due 
        to political instability, armed conflict, or natural or other 
        disasters;</DELETED>
        <DELETED>    (2) protect international cultural property 
        pursuant to its obligations under international treaties to 
        which the United States is a party;</DELETED>
        <DELETED>    (3) prevent, in accordance with existing laws, 
        importation of cultural property pillaged, looted, stolen, or 
        trafficked at all times, including during political 
        instability, armed conflict, or natural or other disasters; 
        and</DELETED>
        <DELETED>    (4) ensure that existing laws and regulations, 
        including import restrictions imposed through the Office of 
        Foreign Asset Control (OFAC) of the Department of the Treasury, 
        are fully implemented to prevent trafficking in stolen or 
        looted cultural property.</DELETED>

<DELETED>SEC. 4. UNITED STATES COORDINATOR FOR INTERNATIONAL CULTURAL 
              PROPERTY PROTECTION.</DELETED>

<DELETED>    The Secretary of State shall designate a Department of 
State employee at the Assistant Secretary level or above to serve 
concurrently as the United States Coordinator for International 
Cultural Property Protection. The Coordinator shall--</DELETED>
        <DELETED>    (1) coordinate and promote efforts to protect 
        international cultural property, especially activities that 
        involve multiple Federal agencies;</DELETED>
        <DELETED>    (2) act as Chair of the Coordinating Committee on 
        International Cultural Property Protection established under 
        section 5;</DELETED>
        <DELETED>    (3) resolve interagency differences;</DELETED>
        <DELETED>    (4) develop strategies to reduce illegal trade and 
        trafficking in international cultural property in the United 
        States and abroad, including by reducing consumer demand for 
        such trade;</DELETED>
        <DELETED>    (5) support activities to assist countries that 
        are the principle sources of trafficked cultural property to 
        protect cultural heritage sites and to prevent cultural 
        property looting and theft;</DELETED>
        <DELETED>    (6) work with and consult domestic and 
        international actors such as foreign governments, 
        intergovernmental organizations, nongovernmental organizations, 
        museums, educational institutions, and research institutions to 
        protect international cultural property; and</DELETED>
        <DELETED>    (7) submit to the appropriate congressional 
        committees the annual report required under section 
        6.</DELETED>

<DELETED>SEC. 5. COORDINATING COMMITTEE ON INTERNATIONAL CULTURAL 
              PROPERTY PROTECTION.</DELETED>

<DELETED>    (a) Establishment.--There is established a Coordinating 
Committee on International Cultural Property Protection (in this 
section referred to as the ``Committee'').</DELETED>
<DELETED>    (b) Functions.--The full Committee shall meet not less 
often than annually to coordinate and inform Federal efforts to protect 
international cultural property and to facilitate the work of the 
United States Coordinator for International Cultural Property 
Protection designated under section 4.</DELETED>
<DELETED>    (c) Membership.--The Committee shall be composed of the 
United States Coordinator for International Cultural Property 
Protection, who shall act as Chair, and representatives of the 
following:</DELETED>
        <DELETED>    (1) The Department of State.</DELETED>
        <DELETED>    (2) The Department of Defense.</DELETED>
        <DELETED>    (3) The Department of Homeland Security, including 
        U.S. Immigration and Customs Enforcement and U.S. Customs and 
        Border Protection.</DELETED>
        <DELETED>    (4) The Department of the Interior.</DELETED>
        <DELETED>    (5) The Department of Justice, including the 
        Federal Bureau of Investigation.</DELETED>
        <DELETED>    (6) The United States Agency for International 
        Development.</DELETED>
        <DELETED>    (7) The Smithsonian Institution.</DELETED>
        <DELETED>    (8) Such other entities as the Chair determines 
        appropriate.</DELETED>
<DELETED>    (d) Subcommittees.--The Committee may include such 
subcommittees and taskforces as the Chair determines appropriate. Such 
subcommittees or taskforces may be comprised of a subset of the 
Committee members or of such other members as the Chair determines 
appropriate. At the discretion of the Chair, the provisions of the 
Federal Advisory Committee Act (5 U.S.C. App.) and section 552b of 
title 5 of the United States Code (relating to open meetings) shall not 
apply to activities of such subcommittees or taskforces.</DELETED>
<DELETED>    (e) Consultation.--The Committee shall consult with 
governmental and nongovernmental organizations, including the U.S. 
Committee of the Blue Shield, museums, educational institutions, and 
research institutions on efforts to promote and protect international 
cultural property.</DELETED>

<DELETED>SEC. 6. REPORTS ON ACTIVITIES TO PROTECT INTERNATIONAL 
              CULTURAL PROPERTY.</DELETED>

<DELETED>    Not later than 1 year after the date of the enactment of 
this Act and annually thereafter for the next 6 years, the Secretary of 
State, acting through the United States Coordinator for International 
Cultural Property Protection, and in consultation with the 
Administrator of the United States Agency for International 
Development, the Secretary of Defense, the Attorney General, and the 
Secretary of Homeland Security, as appropriate, shall submit to the 
appropriate congressional committees a report that includes information 
on activities of--</DELETED>
        <DELETED>    (1) the United States Coordinator and the 
        Coordinating Committee on International Cultural Property 
        Protection to protect international cultural 
        property;</DELETED>
        <DELETED>    (2) the Department of State to protect 
        international cultural property, including activities 
        undertaken pursuant to the Hague Convention for the Protection 
        of Cultural Property in the Event of Armed Conflict, and other 
        statutes, international agreements, and policies, including--
        </DELETED>
                <DELETED>    (A) procedures the Department has 
                instituted to protect international cultural property 
                at risk of destruction due to political instability, 
                armed conflict, or natural or other disasters; 
                and</DELETED>
                <DELETED>    (B) actions the Department has taken to 
                protect international cultural property in conflicts to 
                which the United States is a party;</DELETED>
        <DELETED>    (3) the United States Agency for International 
        Development (USAID) to protect international cultural property, 
        including activities and coordination with other Federal 
        agencies, international organizations, and nongovernmental 
        organizations regarding the protection of international 
        cultural property at risk due to political unrest, armed 
        conflict, natural or other disasters, and USAID development 
        programs;</DELETED>
        <DELETED>    (4) the Department of Defense to protect 
        international cultural property, including activities 
        undertaken pursuant to the Hague Convention for the Protection 
        of Cultural Property in the Event of Armed Conflict and other 
        cultural property protection statutes and international 
        agreements, including--</DELETED>
                <DELETED>    (A) directives, policies, and regulations 
                the Department has instituted to protect international 
                cultural property at risk of destruction due to 
                political instability, armed conflict, or natural or 
                other disasters; and</DELETED>
                <DELETED>    (B) actions the Department has taken to 
                avoid damage to cultural property through construction 
                activities abroad; and</DELETED>
        <DELETED>    (5) the Department of Homeland Security and the 
        Department of Justice, including the Federal Bureau of 
        Investigation, to protect both international cultural property 
        abroad and international cultural property located in, or 
        attempted to be imported into, the United States, including 
        activities undertaken pursuant to statutes and international 
        agreements, including--</DELETED>
                <DELETED>    (A) statutes and regulations the 
                Department has employed in criminal, civil, and civil 
                forfeiture actions to prevent and interdict trafficking 
                in stolen and smuggled cultural property, including 
                investigations into transnational organized crime and 
                smuggling networks; and</DELETED>
                <DELETED>    (B) actions the Department has taken in 
                order to ensure the consistent and effective 
                application of law in cases relating to both 
                international cultural property abroad and 
                international cultural property located in, or 
                attempted to be imported into, the United 
                States.</DELETED>

<DELETED>SEC. 7. AUTHORIZATION FOR FEDERAL AGENCIES TO ENGAGE IN 
              INTERNATIONAL CULTURAL PROPERTY PROTECTION ACTIVITIES 
              WITH THE SMITHSONIAN INSTITUTION.</DELETED>

<DELETED>    Notwithstanding any other provision of law, any agency 
that is involved in international cultural property protection 
activities is 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 international cultural property protection 
activities.</DELETED>

<DELETED>SEC. 8. EMERGENCY PROTECTION FOR SYRIAN CULTURAL 
              PROPERTY.</DELETED>

<DELETED>    (a) Presidential Determination.--Notwithstanding 
subsection (b) of section 304 of the Convention on Cultural Property 
Implementation Act (19 U.S.C. 2603) (relating to a Presidential 
determination that an emergency condition applies with respect to any 
archaeological or ethnological material of any State Party to the 
Convention), the President shall apply the import restrictions referred 
to in such section 304 with respect to any archaeological or 
ethnological material of Syria, except that subsection (c) of such 
section 304 shall not apply. Such import restrictions shall take effect 
not later than 120 days after the date of the enactment of this 
Act.</DELETED>
<DELETED>    (b) Annual Determination Regarding Certification.--
</DELETED>
        <DELETED>    (1) Determination.--</DELETED>
                <DELETED>    (A) In general.--The President shall, not 
                less often than annually, determine whether at least 
                one of the conditions specified in subparagraph (B) is 
                met, and shall notify the appropriate congressional 
                committees of such determination.</DELETED>
                <DELETED>    (B) Conditions.--The conditions referred 
                to in subparagraph (A) are the following:</DELETED>
                        <DELETED>    (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).</DELETED>
                        <DELETED>    (ii) It would be against the 
                        United States national interest to enter into 
                        such an agreement.</DELETED>
        <DELETED>    (2) Termination of restrictions.--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, unless before such termination date 
        Syria requests to enter into an agreement with the United 
        States pursuant to section 303 of the Convention on Cultural 
        Property Implementation Act, in which case such import 
        restrictions may remain in effect until the earliest of 
        either--</DELETED>
                <DELETED>    (A) the date that is 3 years after the 
                date on which Syria makes such a request; or</DELETED>
                <DELETED>    (B) the date on which the United States 
                and Syria enter into such an agreement.</DELETED>
<DELETED>    (c) Waiver.--</DELETED>
        <DELETED>    (1) In general.--The President may waive the 
        import restrictions referred to in subsection (a) for specified 
        cultural property if the President certifies to the appropriate 
        congressional committees that the conditions described in 
        paragraph (2) are met.</DELETED>
        <DELETED>    (2) Conditions.--The conditions referred to in 
        paragraph (1) are the following:</DELETED>
                <DELETED>    (A) The foreign owner or custodian of the 
                specified cultural property has requested such property 
                be temporarily located in the United States for 
                protection purposes.</DELETED>
                <DELETED>    (B) Such property shall be returned to the 
                foreign owner or custodian when requested by such 
                foreign owner or custodian.</DELETED>
                <DELETED>    (C) Granting a waiver under this 
                subsection will not contribute to illegal trafficking 
                in cultural property or financing of criminal or 
                terrorist activities.</DELETED>
        <DELETED>    (3) Action.--If the President grants a waiver 
        under this subsection, the specified cultural property 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.</DELETED>
        <DELETED>    (4) Rule of construction.--Nothing in this Act 
        shall prevent application of the Act to render immune from 
        seizure under judicial process certain objects of cultural 
        significance imported into the United States for temporary 
        display or exhibition, and for other purposes (22 U.S.C. 2459; 
        Public Law 89-259) with respect to archaeological or 
        ethnological material of Syria.</DELETED>
<DELETED>    (d) Definitions.--In this section--</DELETED>
        <DELETED>    (1) the term ``archaeological or ethnological 
        material of Syria'' means cultural property of Syria and other 
        items of archaeological, historical, cultural, rare scientific, 
        or religious importance unlawfully removed from Syria on or 
        after March 15, 2011; and</DELETED>
        <DELETED>    (2) the term ``State Party'' has the meaning given 
        such term in section 302 of the Convention on Cultural Property 
        Implementation Act (19 U.S.C. 2601).</DELETED>

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.

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.
                                                       Calendar No. 360

114th CONGRESS

  2d Session

                               H. R. 1493

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            February 2, 2016

                       Reported with an amendment