II

106TH CONGRESS

1ST SESSION S. 1696

To amend the Convention on Cultural Property Implementation Act to improve the procedures for restricting imports of archaeological and ethnological material.

IN THE SENATE OF THE UNITED STATES

OCTOBER 6, 1999

Mr. MOYNIHAN (for himself, Mr. ROTH and Mr. SCHUMER) introduced the

following bill; which was read twice and referred to the Committee on Finance

A BILL

To amend the Convention on Cultural Property Implementation Act to improve the procedures for restricting imports

of archaeological and ethnological material.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Cultural Property Pro5 cedural Reform Act’’.

6 SEC. 2. PROCEDURAL REQUIREMENTS.

7 (a) IN GENERAL.—Section 303(f) of the Convention

8 on Cultural Property Implementation Act (19 U.S.C.

9 2602(f)) is amended to read as follows:
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1 ‘‘(f) PROCEDURES.—

2 ‘‘(1) IN GENERAL.—In the case of any request

3 described in subsection (a) made by a State Party

4 or in the case of a proposal by the President to ex5 tend any agreement under subsection (e), the Presi6 dent shall—

7 ‘‘(A) publish notification of the request or

8 proposal in the Federal Register;

9 ‘‘(B) submit to the Committee such infor10 mation regarding the request or proposal (in11 cluding, if applicable, information from the

12 State Party with respect to the implementation

13 of emergency action under section 304) as is

14 appropriate to enable the Committee to carry

15 out its duties under section 306;

16 ‘‘(C) provide interested parties an oppor17 tunity to comment on the findings and rec18 ommendations of the Committee; and

19 ‘‘(D) consider, in taking action on the re20 quest or proposal, the views and recommenda21 tions contained in any Committee report—

22 ‘‘(i) required under section 306(f) (1)

23 or (2); and

24 ‘‘(ii) submitted to the President before

25 the close of the 150-day period beginning
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1 on the day on which the President sub2 mitted information on the request or pro3 posal to the Committee under subpara4 graph (B).

5 ‘‘(2) CONTENT OF NOTICE.—Each notice re6 quired by paragraph (1)(A) shall include a state7 ment of the relief sought by the State Party, a de8 tailed description of the archaeological or ethno9 logical material that the State Party seeks to pro10 tect, and a comprehensive description of the evidence

11 submitted in support of the request.’’.

12 (b) PROCEEDINGS BEFORE COMMITTEE.—Section

13 306(f)(1) of the Convention on Cultural Property Imple14 mentation Act (19 U.S.C. 2605(f)(1)) is amended to read

15 as follows:

16 ‘‘(1) The Committee shall, with respect to each

17 request by a State Party referred to in section

18 303(a), undertake a fact-finding investigation and a

19 deliberative review with respect to matters referred

20 to in section 303(a)(1) as the matters relate to the

21 State Party or the request. The Committee shall

22 provide notice and opportunity for comment to all

23 interested parties in the fact-finding phase of the

24 Committee’s actions. The Committee shall prepare
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1 and publish in the Federal Register a report setting

2 forth—

3 ‘‘(A) the results of the investigation and

4 review and its findings with respect to each of

5 the criteria described in section 303(a)(1);

6 ‘‘(B) the Committee’s findings as to the

7 nations individually having a significant import

8 trade in the relevant material; and

9 ‘‘(C) the Committee’s recommendation, to10 gether with the reasons therefore, as to whether

11 an agreement should be entered into under sec12 tion 303(a) with respect to the State Party.’’.

13 (c) IMPORT RESTRICTIONS.—Section 303(a)(1) of

14 such Act (19 U.S.C. 2602(a)(1)) is amended—

15 (1) by amending subparagraph (A) to read as

16 follows:

17 ‘‘(A) that particular objects of the cultural

18 patrimony of the State Party are in jeopardy

19 from pillaging of archaeological or ethnological

20 materials of the State Party;’’; and

21 (2) by adding at the end the following: ‘‘Histor22 ical evidence of pillaging shall not be sufficient to

23 make a determination under subparagraph (A).’’.

24 (d) CONTINUING REVIEW.—Section 306(g) of such

25 Act (19 U.S.C. 2605(g)) is amended—
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1 (1) in paragraph (1), by striking ‘‘a con2 tinuing’’ and inserting ‘‘an annual’’;

3 (2) by amending paragraph (2) to read as fol4 lows:

5 ‘‘(2) ACTION BY COMMITTEE.—

6 ‘‘(A) IN GENERAL.—If the Committee

7 finds, as a result of such review, that—

8 ‘‘(i) cause exists under section 303(d)

9 for suspending the import restrictions im10 posed under an agreement,

11 ‘‘(ii) any agreement or emergency ac12 tion is not achieving the purposes for

13 which the agreement or action was entered

14 into or implemented, or

15 ‘‘(iii) changes are required to this title

16 in order to implement fully the obligations

17 of the United States under the Convention,

18 the Committee shall submit to Congress and

19 the President and publish in the Federal Reg20 ister a report setting forth the Committee’s rec21 ommendations for suspending such import re22 strictions or for improving the effectiveness of

23 any such agreement or emergency action or this

24 title.
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1 ‘‘(B) AGREEMENTS REVIEWED WHERE NO

2 ACTION PROPOSED.—In any case in which the

3 Committee undertakes a review but concludes

4 that the agreement meets the applicable statu5 tory criteria of effectiveness, the Committee

6 shall submit to Congress and the President and

7 publish in the Federal Register a report setting

8 forth the Committee’s findings and conclusions

9 as to the effectiveness of the agreement.

10 ‘‘(C) AGREEMENTS NOT REVIEWED.—The

11 report required by subparagraph (A) shall con12 tain a list of any agreement not reviewed dur13 ing the year preceding the submission of the re14 port and the reasons why such agreement was

15 not reviewed.’’; and

16 (3) by adding at the end the following new

17 paragraph:

18 ‘‘(3) REQUIREMENTS FOR REVIEW.—In each

19 annual review conducted under this subsection, the

20 Committee shall—

21 ‘‘(A) undertake a fact-finding investigation

22 and a deliberative review with respect to the ef23 fectiveness of the agreement under review;
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1 ‘‘(B) provide notice and opportunity for

2 comment to all interested parties in the fact3 finding phase of Committee’s action; and

4 ‘‘(C) publish notice of the review in the

5 Federal Register that includes a detailed de6 scription of the information submitted to the

7 Committee concerning the effectiveness of the

8 agreement.’’.

9 (e) MULTINATIONAL RESPONSE.—Section 303(g)(2)

10 of such Act (19 U.S.C. 2602(g)(2)) is amended—

11 (1) by striking ‘‘and’’ at the end of subpara12 graph (B);

13 (2) by striking the period at the end of sub14 paragraph (C) and inserting ‘‘, and’’; and

15 (3) by adding at the end the following new sub16 paragraph:

17 ‘‘(D) if the President determines that the

18 application of import restrictions by other na19 tions, as required by subsection (c)(1), is not

20 essential to deter a serious situation of pillage,

21 the reasons for such determination.’’.

22 (f) CONSULTATION BY COMMITTEE MEMBERS.—Sec23 tion 306(e) of such Act (19 U.S.C. 2605(e)) is amended

24 by adding at the end the following new paragraph:
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1 ‘‘(3) Members of the Committee may consult

2 with any person to obtain expert advice and may, in

3 such consultations, share information obtained from

4 a country in support of the request filed under this

5 title to the extent that the information is otherwise

6 publicly available. Any consultations conducted pur7 suant to this paragraph shall be reported in the

8 record of the Committee’s actions.’’.

9 SEC. 3. CULTURAL PROPERTY ADVISORY COMMITTEE.

10 (a) IN GENERAL.—Section 306(b)(1) (B) and (C) of

11 the Convention on Cultural Property Implementation Act

12 (19 U.S.C. 2605(b)(1) (B) and (C)) are amended to read

13 as follows:

14 ‘‘(B) Three members who shall represent

15 the fields of archaeology, anthropology, eth16 nology, or related areas.

17 ‘‘(C) Three members who shall represent

18 the international sale of archaeological, ethno19 logical, and other cultural property.’’.

20 (b) CONFLICT OF INTEREST PROVISIONS.—Section

21 306(b) of the Convention on Cultural Property Implemen22 tation Act (19 U.S.C. 2605(b)) is amended by adding at

23 the end the following new paragraph:

24 ‘‘(4) Members of the Committee who are not

25 otherwise officers or employees of the Federal Gov-
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1 ernment shall serve in a representative capacity and

2 shall not be considered officers, employees, or special

3 Government employees for any purpose.’’.

4 (c) APPLICATION OF FEDERAL ADVISORY COM5 MITTEE ACT.—Section 306(h) of the Convention on Cul6 tural Property Implementation Act (19 U.S.C. 2605(h))

7 is amended to read as follows:

8 ‘‘(h) FEDERAL ADVISORY COMMITTEE ACT.—In

9 order to provide for open meetings and public participa10 tion, the provisions of the Federal Advisory Committee

11 Act (Public Law 92–463; 5 U.S.C. App.) shall apply to

12 the fact-finding phase of the Committee’s actions includ13 ing the requirements of subsections (a) and (b) of section

14 10 and section 11 (relating to open meetings, public no15 tice, public participation, and public availability of docu16 ments). The requirements of subsections (a) and (b) of

17 section 10 and section 11 shall not apply to the delibera18 tive phase of the Committee’s actions if it is determined

19 by the President or the President’s designee that the dis20 closure of matters involved in the Committee’s delibera21 tions would compromise the Government’s negotiating ob22 jectives or bargaining positions on the negotiation of any

23 agreement authorized by this title.’’.
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1 SEC. 4. TECHNICAL AMENDMENTS.

2 (a) Sections 306(e) (1) and (2), 306(i)(1)(A) and

3 306(i)(2) of the Convention on Cultural Property Imple4 mentation Act (19 U.S.C. 2605(e) (1) and (2),

5 2605(i)(1)(A), and 2605(i)(2)) are each amended by strik6 ing ‘‘Director of the United States Information Agency’’

7 each place it appears and inserting ‘‘Secretary of State’’.

8 (b) Section 305 of the Convention on Cultural Prop9 erty Implementation Act (19 U.S.C. 2604) is amended—

10 (1) in the first sentence, by inserting ‘‘, after

11 consultation with the Secretary of State,’’ after

12 ‘‘Secretary’’; and

13 (2) in the second sentence, by striking ‘‘archeo14 logical’’ and inserting ‘‘archaeological’’.

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