19 U.S.C. § 2603 — Emergency implementation of import re-

Page 762 TITLE 19—CUSTOMS DUTIES § 2603 (b) The functions conferred by section 303(a)(4) relat- ing to obtaining a commitment on the exchange of ar- chaeological and ethnological materials from a party to an agreement. (c) The functions conferred by section 303(e) relating only to negotiation and conclusion of extensions of agreements under the Act. (d) Except with respect to subsection 303(g)(1)(B), the functions conferred by section 303(g), relating to the notification of Presidential action and the furnishing of reports to the Congress. (e) The functions conferred by section 304(c)(4) [19 U.S.C. 2603(c)(4)] to the extent that they involve the ne- gotiation and conclusion of agreements subject to ad- vice and consent to ratification by the Senate. SEC. 3. Department of the Treasury [The Department of Homeland Security]. The following functions conferred upon the President by the Act are hereby delegated to the Secretary of Homeland Security, acting in con- sultation with the Director of the United States Infor- mation Agency and the Secretary of State: (a) Subject to subsection (b) of Section 1 above, the functions conferred by section 303(d) [19 U.S.C. 2602(d)] to the extent that they involve the suspension of im- port restrictions. (b) Subject to subsection[s] (f) and (g) of Section 1 above, the functions conferred by section 304 [19 U.S.C. 2603] to the extent that they involve the application of import restrictions set forth in section 307 [19 U.S.C. 2606] and the extension of such import restrictions pur- suant to section 304(c)(3). SEC. 4. Enforcement in Territories and Other Areas. The Secretary of the Interior is designated to carry out the enforcement functions in section 314 [19 U.S.C. 2613]. [For abolition of United States Information Agency (other than Broadcasting Board of Governors and Inter- national Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of Title 22, Foreign Relations and Inter- course.] § 2603. Emergency implementation of import re- strictions (a) ‘‘Emergency condition’’ defined For purposes of this section, the term ‘‘emer- gency condition’’ means, with respect to any ar- chaeological or ethnological material of any State Party, that such material is— (1) a newly discovered type of material which is of importance for the understanding of the history of mankind and is in jeopardy from pillage, dismantling, dispersal, or frag- mentation; (2) identifiable as coming from any site rec- ognized to be of high cultural significance if such site is in jeopardy from pillage, disman- tling, dispersal, or fragmentation which is, or threatens to be, of crisis proportions; or (3) a part of the remains of a particular cul- ture or civilization, the record of which is in jeopardy from pillage, dismantling, dispersal, or fragmentation which is, or threatens to be, of crisis proportions; and application of the import restrictions set forth in section 2606 of this title on a temporary basis would, in whole or in part, reduce the in- centive for such pillage, dismantling, dispersal or fragmentation. (b) Presidential action Subject to subsection (c), if the President de- termines that an emergency condition applies with respect to any archaeological or ethno- logical material of any State Party, the Presi- dent may apply the import restrictions set forth in section 2606 of this title with respect to such material. (c) Limitations (1) The President may not implement this sec- tion with respect to the archaeological or ethno- logical materials of any State Party unless the State Party has made a request described in sec- tion 2602(a) of this title to the United States and has supplied information which supports a de- termination that an emergency condition exists. (2) In taking action under subsection (b) with respect to any State Party, the President shall consider the views and recommendations con- tained in the Committee report required under section 2605(f)(3) of this title if the report is sub- mitted to the President before the close of the ninety-day period beginning on the day on which the President submitted information to the Committee under section 2602(f)(2) of this title on the request of the State Party under section 2602(a) of this title. (3) No import restrictions set forth in section 2606 of this title may be applied under this sec- tion to the archaeological or ethnological mate- rials of any State Party for more than five years after the date on which the request of a State Party under section 2602(a) of this title is made to the United States. This period may be ex- tended by the President for three more years if the President determines that the emergency condition continues to apply with respect to the archaeological or ethnological material. How- ever, before taking such action, the President shall request and consider, if received within ninety days, a report of the Committee setting forth its recommendations, together with the reasons therefor, as to whether such import re- strictions shall be extended. (4) The import restrictions under this section may continue to apply in whole or in part, if be- fore their expiration under paragraph (3), there has entered into force with respect to the ar- chaeological or ethnological materials an agree- ment under section 2602 of this title or an agree- ment with a State Party to which the Senate has given its advice and consent to ratification. Such import restrictions may continue to apply for the duration of the agreement. (Pub. L. 97–446, title III, § 304, Jan. 12, 1983, 96 Stat. 2354.) Editorial Notes CODIFICATION Section 2602 of this title, referred to in subsec. (c)(4), was in the original ‘‘section 203’’, and was translated as section 2602 of this title, which is section 303 of Pub. L. 97–446, as the probable intent of Congress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the 90th day after Jan. 12, 1983, or on any date which the President shall prescribe and publish in the Federal Register, with exceptions, see section 315 of Pub. L. 97–446, set out as a note under sec- tion 2601 of this title. Executive Documents DELEGATION OF FUNCTIONS For delegation of certain functions of President under this section, see Ex. Ord. No. 12555, Mar. 10, 1986, Page 763 TITLE 19—CUSTOMS DUTIES § 2605 1 So in original. Probably should be ‘‘Committee’’. 51 F.R. 8475, set out as a note under section 2602 of this title. § 2604. Designation of materials covered by agreements or emergency actions After any agreement enters into force under section 2602 of this title, or emergency action is taken under section 2603 of this title, the Sec- retary, in consultation with the Secretary of State, shall by regulation promulgate (and when appropriate shall revise) a list of the archae- ological or ethnological material of the State Party covered by the agreement or by such ac- tion. The Secretary may list such material by type or other appropriate classification, but each listing made under this section shall be sufficiently specific and precise to insure that (1) the import restrictions under section 2606 of this title are applied only to the archeological and ethnological material covered by the agree- ment or emergency action; and (2) fair notice is given to importers and other persons as to what material is subject to such restrictions. (Pub. L. 97–446, title III, § 305, Jan. 12, 1983, 96 Stat. 2355; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1335(d), Oct. 21, 1998, 112 Stat. 2681–788; Pub. L. 106–113, div. B, § 1007(a)(7) [div. A, title VIII, § 802(d)], Nov. 29, 1999, 113 Stat. 1536, 1501A–468.) Editorial Notes AMENDMENTS 1999—Pub. L. 106–113 substituted ‘‘Secretary, in con- sultation with the Secretary of State, shall’’ for ‘‘Sec- retary shall’’ in first sentence. 1998—Pub. L. 105–277 struck out ‘‘, after consultation with the Director of the United States Information Agency,’’ after ‘‘title, the Secretary’’ in first sentence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as a note under section 6531 of Title 22. EFFECTIVE DATE Section effective on the 90th day after Jan. 12, 1983, or on any date which the President shall prescribe and publish in the Federal Register, with exceptions, see section 315 of Pub. L. 97–446, set out as a note under sec- tion 2601 of this title. § 2605. Cultural Property Advisory Committee (a) Establishment There is established the Cultural Property Ad- visory Committee. (b) Membership (1) The Committee shall be composed of eleven members appointed by the President as follows: (A) Two members representing the interests of museums. (B) Three members who shall be experts in the fields of archaeology, anthropology, eth- nology, or related areas. (C) Three members who shall be experts in the international sale of archaeological, eth- nological, and other cultural property. (D) Three members who shall represent the interest of the general public. (2) Appointments made under paragraph (1) shall be made in such a manner so as to insure— (A) fair representation of the various inter- ests of the public sectors and the private sec- tors in the international exchange of archae- ological and ethnological materials, and (B) that within such sectors, fair representa- tion is accorded to the interests of regional and local institutions and museums. (3)(A) Members of the Committee shall be ap- pointed for terms of three years and may be re- appointed for one or more terms. With respect to the initial appointments, the President shall select, on a representative basis to the max- imum extent practicable, four members to serve three-year terms, four members to serve two- year terms, and the remaining members to serve a one-year term. Thereafter each appointment shall be for a three-year term. (B)(i) A vacancy in the Committee shall be filled in the same manner as the original ap- pointment was made and for the unexpired por- tion of the term, if the vacancy occurred during a term of office. Any member of the Committee may continue to serve as a member of the Com- mittee after the expiration of his term of office until reappointed or until his successor has been appointed. (ii) The President shall designate a Chairman of the Committee from the members of the Com- mittee. (c) Expenses The members of the Committee shall be reim- bursed for actual expenses incurred in the per- formance of duties for the Committee. (d) Transaction of business Six of the members of the Committee shall constitute a quorum. All decisions of the Com- mittee shall be by majority vote of the members present and voting. (e) Staff and administration (1) The Director of the United States Informa- tion Agency shall make available to the Com- mittee such administrative and technical sup- port services and assistance as it may reason- ably require to carry out its activities. Upon the request of the Committee, the head of any other Federal agency may detail to the Committee, on a reimbursable basis, any of the personnel of such agency to assist the Committee in carrying out its functions, and provide such information and assistance as the Committee may reason- ably require to carry out its activities. (2) The Committee shall meet at the call of the Director of the United States Information Agency, or when a majority of its members re- quest a meeting in writing. (f) Reports by Committee (1) The Commitee 1 shall, with respect to each request of a State Party referred to in section 2602(a) of this title, undertake an investigation and review with respect to matters referred to in section 2602(a)(1) of this title as they relate to the State Party or the request and shall prepare a report setting forth— (A) the results of such investigation and re- view;