19 USC 2605: Protects cultural property information

            
 
          Sec. 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--
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    \1\ So in original. Probably should be ``Committee''.
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        (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.

(Pub. L. 97-446, title III, Sec. 306, Jan. 12, 1983, 96 Stat. 2356; Pub. 
L. 100-204, title III, Sec. 307(a), (b), Dec. 22, 1987, 101 Stat. 1380.)

                       References in Text

    The Federal Advisory Committee Act, referred to in subsec. (h), is 
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out 
in the Appendix to Title 5, Government Organization and Employees.
                               Amendments

    1987--Subsec. (b)(3)(A). Pub. L. 100-204, Sec. 307(a), amended 
subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: 
``Members of the Committee shall be appointed for terms of two years and 
may be reappointed for 1 or more terms.''
    Subsec. (b)(3)(B). Pub. L. 100-204, Sec. 307(b), amended subpar. (B) 
generally. Prior to amendment, subpar. (B) read as follows: ``A vacancy 
in the Commission shall be filled in the same manner in which the 
original appointment was made.''
                    Effective Date of 1987 Amendment

    Section 307(c) of Pub. L. 100-204 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply to members of 
the Cultural Property Advisory Committee first appointed after the date 
of enactment of this Act [Dec. 22, 1987].''

                          Transfer of Functions

    United States Information Agency (other than Broadcasting Board of 
Governors and International Broadcasting Bureau) abolished and functions 
transferred to Secretary of State, see sections 6531 and 6532 of Title 
22, Foreign Relations and Intercourse.

                         Delegation of Functions

    For delegation of certain functions of President under this section, 
see Ex. Ord. No. 12555, Mar. 10, 1986, 51 F.R. 8475, set out as a note 
under section 2602 of this title.