To enhance the criminal penalties for illegal trafficking of archaeological resources, and for other purposes.

June 17, 2003

Mr. LEAHY (for himself, Mr. INOUYE, and Mr. BINGAMAN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

To enhance the criminal penalties for illegal trafficking of archaeological resources, 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 `Enhanced Protection of Our Cultural Heritage Act of 2003'.

SEC. 2. ENHANCED PENALTIES FOR CULTURAL HERITAGE CRIMES.

(a) ENHANCED PENALTY FOR EMBEZZLEMENT AND THEFT FROM INDIAN TRIBAL ORGANIZATIONS- Section 1163 of title 18, United States Code, is amended by striking `five years' and inserting `10 years'.

(b) ENHANCED PENALTY FOR ILLEGAL TRAFFICKING IN NATIVE AMERICAN HUMAN REMAINS AND CULTURAL ITEMS- Section 1170 of title 18, United States Code, is amended--

(1) in subsection (a), by striking `or imprisoned not more than 12 months, or both, and in the case of second or subsequent violation, be fined in accordance with this title, or imprisoned not more than 5 years' and inserting `imprisoned not more than 10 years'; and

(2) in subsection (b), by striking `imprisoned not more than one year' and all that follows through the end of the subsection and inserting `imprisoned not more than 10 years, or both; but if the sum of the commercial and archaeological value of the cultural items involved and the cost of restoration and repair of such items does not exceed $500, such person shall be fined in accordance with this title, imprisoned not more than 1 year, or both.'.

(c) ENHANCED PENALTY FOR ARCHAEOLOGICAL RESOURCES- Section 6(d) of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470ee(d)) is amended by striking `not more than $10,000' and all that follows through the end of the subsection and inserting `in accordance with title 18, United States Code, imprisoned not more than 10 years, or both; but if the sum of the commercial and archaeological value of the archaeological resources involved and the cost of restoration and repair of such resources does not exceed $500, such person shall be fined in accordance with title 18, United States Code, imprisoned not more than 1 year, or both.'.

END