|
U.S. Code as of:
01/19/04
Section 2605. Cultural Property Advisory Committee
(a) Establishment
There is established the Cultural Property Advisory 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, ethnology, or related areas.
(C) Three members who shall be experts in the international
sale of archaeological, ethnological, 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 interests of the public
sectors and the private sectors in the international exchange of
archaeological and ethnological materials, and
(B) that within such sectors, fair representation is accorded
to the interests of regional and local institutions and museums.
(3)(A) Members of the Committee shall be appointed for terms of
three years and may be reappointed for one or more terms. With
respect to the initial appointments, the President shall select, on
a representative basis to the maximum 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 appointment was made and for the unexpired
portion 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 Committee 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 Committee.
(c) Expenses
The members of the Committee shall be reimbursed for actual
expenses incurred in the performance of duties for the Committee.
(d) Transaction of business
Six of the members of the Committee shall constitute a quorum.
All decisions of the Committee shall be by majority vote of the
members present and voting.
(e) Staff and administration
(1) The Director of the United States Information Agency shall
make available to the Committee such administrative and technical
support services and assistance as it may reasonably 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 reasonably 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
request 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 review;
(B) its findings as to the nations individually having a
significant import trade in the relevant material; and
(C) its recommendation, together with the reasons therefor, as
to whether an agreement should be entered into under section
2602(a) of this title with respect to the State Party.
(2) The Committee shall, with respect to each agreement proposed
to be extended by the President under section 2602(e) of this
title, prepare a report setting forth its recommendations together
with the reasons therefor, as to whether or not the agreement
should be extended.
(3) The Committee shall in each case in which the Committee finds
that an emergency condition under section 2603 of this title exists
prepare a report setting forth its recommendations, together with
the reasons therefor, as to whether emergency action under section
2603 of this title should be implemented. If any State Party
indicates in its request under section 2602(a) of this title that
an emergency condition exists and the Committee finds that such a
condition does not exist, the Committee shall prepare a report
setting forth the reasons for such finding.
(4) Any report prepared by the Committee which recommends the
entering into or the extension of any agreement under section 2602
of this title or the implementation of emergency action under
section 2603 of this title shall set forth -
(A) such terms and conditions which it considers necessary and
appropriate to include within such agreement, or apply with
respect to such implementation, for purposes of carrying out the
intent of the Convention; and
(B) such archaeological or ethnological material of the State
Party, specified by type or such other classification as the
Committee deems appropriate, which should be covered by such
agreement or action.
(5) If any member of the Committee disagrees with respect to any
matter in any report prepared under this subsection, such member
may prepare a statement setting forth the reasons for such
disagreement and such statement shall be appended to, and
considered a part of, the report.
(6) The Committee shall submit to the Congress and the President
a copy of each report prepared by it under this subsection.
(g) Committee review
(1) In general
The Committee shall undertake a continuing review of the
effectiveness of agreements under section 2602 of this title that
have entered into force with respect to the United States, and of
emergency action implemented under section 2603 of this title.
(2) Action by Committee
If the Committee finds, as a result of such review, that -
(A) cause exists for suspending, under section 2602(d) of
this title, the import restrictions imposed under an agreement;
(B) any agreement or emergency action is not achieving the
purposes for which entered into or implemented; or
(C) changes are required to this chapter in order to
implement fully the obligations of the United States under the
Convention;
the Committee may submit a report to the Congress and the
President setting forth its recommendations for suspending such
import restrictions or for improving the effectiveness of any
such agreement or emergency action or this chapter.
(h) Federal Advisory Committee Act
The provisions of the Federal Advisory Committee Act (Public Law
92-463; 5 U.S.C. Appendix) shall apply to the Committee except that
the requirements of subsections (a) and (b) of section 10 and
section 11 of such Act (relating to open meetings, public notice,
public participation, and public availability of documents) shall
not apply to the Committee, whenever and to the extent it is
determined by the President or his designee that the disclosure of
matters involved in the Committee's proceedings would compromise
the Government's negotiating objectives or bargaining positions on
the negotiations of any agreement authorized by this chapter.
(i) Confidential information
(1) In general
Any information (including trade secrets and commercial or
financial information which is privileged or confidential)
submitted in confidence by the private sector to officers or
employees of the United States or to the Committee in connection
with the responsibilities of the Committee shall not be disclosed
to any person other than to -
(A) officers and employees of the United States designated by
the Director of the United States Information Agency;
(B) members of the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the Senate
who are designated by the chairman of either such Committee and
members of the staff of either such Committee designated by the
chairman for use in connection with negotiation of agreements
or other activities authorized by this chapter; and
(C) the Committee established under this chapter.
(2) Governmental information
Information submitted in confidence by officers or employees of
the United States to the Committee shall not be disclosed other
than in accordance with rules issued by the Director of the
United States Information Agency, after consultation with the
Committee. Such rules shall define the categories of information
which require restricted or confidential handling by such
Committee considering the extent to which public disclosure of
such information can reasonably be expected to prejudice the
interests of the United States. Such rules shall, to the maximum
extent feasible, permit meaningful consultations by Committee
members with persons affected by proposed agreements authorized
by this chapter.
(j) No authority to negotiate
Nothing contained in this section shall be construed to authorize
or to permit any individual (not otherwise authorized or permitted)
to participate directly in any negotiation of any agreement
authorized by this chapter.
|
|