I
106TH CONGRESS
2D SESSION
H. R. 4372
To amend the Convention on Cultural Property Implementation Act to im-
prove the procedures for restricting imports of archaeological and ethno-
logical material.
IN THE HOUSE OF REPRESENTATIVES
MAY 3, 2000
Mr. RANGEL introduced the following bill; which was referred to the
Committee on Ways and Means
A BILL
To amend the Convention on Cultural Property Implementa-
tion Act to improve the procedures for restricting imports
of archaeological and ethnological material.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Cultural Property Pro-
cedural Reform Act’’.
SEC. 2. PROCEDURAL REQUIREMENTS.
(a) IN GENERAL.—Section 303(f) of the Convention
on Cultural Property Implementation Act (19 U.S.C.
2602(f)) is amended to read as follows:
‘‘(f) PROCEDURES.—
‘‘(1) IN GENERAL.—In the case of any request
described in subsection (a) made by a State Party
or in the case of a proposal by the President to ex-
tend any agreement under subsection (e), the Presi-
dent shall—
‘‘(A) publish notification of the request or
proposal in the Federal Register;
‘‘(B) submit to the Committee such infor-
mation regarding the request or proposal (in-
cluding, if applicable, information from the
State Party with respect to the implementation
of emergency action under section 304) as is
appropriate to enable the Committee to carry
out its duties under section 306;
‘‘(C) provide interested parties an oppor-
tunity to comment on the findings and rec-
ommendations of the Committee; and
‘‘(D) consider, in taking action on the re-
quest or proposal, the views and recommenda-
tions contained in any Committee report—
‘‘(i) required under section 306(f) (1)
or (2); and
‘‘(ii) submitted to the President before
the close of the 150-day period beginning
on the day on which the President sub-
mitted information on the request or pro-
posal to the Committee under subpara-
graph (B).
‘‘(2) CONTENT
OF
NOTICE.—Each notice re-
quired by paragraph (1)(A) shall include a state-
ment of the relief sought by the State Party, a de-
tailed description of the archaeological or ethno-
logical material that the State Party seeks to pro-
tect, and a comprehensive description of the evidence
submitted in support of the request.’’.
(b) PROCEEDINGS BEFORE COMMITTEE.—Section
306(f)(1) of the Convention on Cultural Property Imple-
mentation Act (19 U.S.C. 2605(f)(1)) is amended to read
as follows:
‘‘(1) The Committee shall, with respect to each
request by a State Party referred to in section
303(a), undertake a fact-finding investigation and a
deliberative review with respect to matters referred
to in section 303(a)(1) as the matters relate to the
State Party or the request. The Committee shall
provide notice and opportunity for comment to all
interested parties in the fact-finding phase of the
Committee’s actions. The Committee shall prepare
and publish in the Federal Register a report setting
forth—
‘‘(A) the results of the investigation and
review and its findings with respect to each of
the criteria described in section 303(a)(1);
‘‘(B) the Committee’s findings as to the
nations individually having a significant import
trade in the relevant material; and
‘‘(C) the Committee’s recommendation, to-
gether with the reasons therefore, as to whether
an agreement should be entered into under sec-
tion 303(a) with respect to the State Party.’’.
(c) IMPORT RESTRICTIONS.—Section 303(a)(1) of
such Act (19 U.S.C. 2602(a)(1)) is amended—
(1) by amending subparagraph (A) to read as
follows:
‘‘(A) that particular objects of the cultural
patrimony of the State Party are in jeopardy
from pillaging of archaeological or ethnological
materials of the State Party;’’; and
(2) by adding at the end the following: ‘‘Histor-
ical evidence of pillaging shall not be sufficient to
make a determination under subparagraph (A).’’.
(d) CONTINUING REVIEW.—Section 306(g) of such
Act (19 U.S.C. 2605(g)) is amended—
(1) in paragraph (1), by striking ‘‘a con-
tinuing’’ and inserting ‘‘an annual’’;
(2) by amending paragraph (2) to read as fol-
lows:
‘‘(2) ACTION BY COMMITTEE.—
‘‘(A) IN
GENERAL.—If the Committee
finds, as a result of such review, that—
‘‘(i) cause exists under section 303(d)
for suspending the import restrictions im-
posed under an agreement,
‘‘(ii) any agreement or emergency ac-
tion is not achieving the purposes for
which the agreement or action was entered
into or implemented, or
‘‘(iii) changes are required to this title
in order to implement fully the obligations
of the United States under the Convention,
the Committee shall submit to Congress and
the President and publish in the Federal Reg-
ister a report setting forth the Committee’s rec-
ommendations for suspending such import re-
strictions or for improving the effectiveness of
any such agreement or emergency action or this
title.
‘‘(B) AGREEMENTS REVIEWED WHERE NO
ACTION PROPOSED.—In any case in which the
Committee undertakes a review but concludes
that the agreement meets the applicable statu-
tory criteria of effectiveness, the Committee
shall submit to Congress and the President and
publish in the Federal Register a report setting
forth the Committee’s findings and conclusions
as to the effectiveness of the agreement.
‘‘(C) AGREEMENTS NOT REVIEWED.—The
report required by subparagraph (A) shall con-
tain a list of any agreement not reviewed dur-
ing the year preceding the submission of the re-
port and the reasons why such agreement was
not reviewed.’’; and
(3) by adding at the end the following new
paragraph:
‘‘(3) REQUIREMENTS
FOR
REVIEW.—In each
annual review conducted under this subsection, the
Committee shall—
‘‘(A) undertake a fact-finding investigation
and a deliberative review with respect to the ef-
fectiveness of the agreement under review;
‘‘(B) provide notice and opportunity for
comment to all interested parties in the fact-
finding phase of Committee’s action; and
‘‘(C) publish notice of the review in the
Federal Register that includes a detailed de-
scription of the information submitted to the
Committee concerning the effectiveness of the
agreement.’’.
(e) MULTINATIONAL RESPONSE.—Section 303(g)(2)
of such Act (19 U.S.C. 2602(g)(2)) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (B);
(2) by striking the period at the end of sub-
paragraph (C) and inserting ‘‘, and’’; and
(3) by adding at the end the following new sub-
paragraph:
‘‘(D) if the President determines that the
application of import restrictions by other na-
tions, as required by subsection (c)(1), is not
essential to deter a serious situation of pillage,
the reasons for such determination.’’.
(f) CONSULTATION BY COMMITTEE MEMBERS.—Sec-
tion 306(e) of such Act (19 U.S.C. 2605(e)) is amended
by adding at the end the following new paragraph:
‘‘(3) Members of the Committee may consult
with any person to obtain expert advice and may, in
such consultations, share information obtained from
a country in support of the request filed under this
title to the extent that the information is otherwise
publicly available. Any consultations conducted pur-
suant to this paragraph shall be reported in the
record of the Committee’s actions.’’.
SEC. 3. CULTURAL PROPERTY ADVISORY COMMITTEE.
(a) IN GENERAL.—Section 306(b)(1) (B) and (C) of
the Convention on Cultural Property Implementation Act
(19 U.S.C. 2605(b)(1) (B) and (C)) are amended to read
as follows:
‘‘(B) Three members who shall represent
the fields of archaeology, anthropology, eth-
nology, or related areas.
‘‘(C) Three members who shall represent
the international sale of archaeological, ethno-
logical, and other cultural property.’’.
(b) CONFLICT OF INTEREST PROVISIONS.—Section
306(b) of the Convention on Cultural Property Implemen-
tation Act (19 U.S.C. 2605(b)) is amended by adding at
the end the following new paragraph:
‘‘(4) Members of the Committee who are not
otherwise officers or employees of the Federal Gov-