[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1271 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1271
To enhance the criminal penalties for illegal trafficking of
archaeological resources, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
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
_______________________________________________________________________
A BILL
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.''.
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