Safeguard Tribal Objects of Patrimony Act of 2016

Summary: Safeguard Tribal Objects of Patrimony Act of 2016 This bill increases the maximum term of imprisonment from 5 years to 10 years for individuals convicted more than once of illegal trafficking in Native American human remains or cultural items. This bill bans the export of illegally obtained Native American cultural objects and sets penalties for violations of this ban. A person is immune from criminal prosecution under laws regarding Native American cultural objects if the person voluntarily repatriates to the appropriate tribe all the Native American cultural objects in the person's possession not later than two years after enactment of this bill. This immunity does not apply to a person under active investigation or prosecution relating to Native American cultural objects. The Government Accountability Office (GAO) must report on the number of Native American cultural objects illegally trafficked and the extent to which the Department of Justice has prosecuted cases of trafficking. The GAO must recommend actions to eliminate such trafficking and to secure the repatriation of Native American cultural objects. The Department of the Interior must facilitate the convention of a working group to contribute information to the GAO report and to advise on implementation of the GAO's recommendations.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safeguard Tribal Objects of 
Patrimony Act of 2016''.

SEC. 2. ENHANCED PROTECTIONS FOR NATIVE AMERICAN CULTURAL OBJECTS.

    (a) Enhanced Penalties.--Section 1170 of title 18, United States 
Code, is amended by striking ``5 years'' each place it appears and 
inserting ``10 years''.
    (b) Prohibition of Exporting Native American Cultural Objects.--
Chapter 53 of title 18, United States Code, is amended by adding at the 
end the following:
``Sec. 1171. Illegal exportation of Native American cultural objects
    ``(a) Definition of Native American Cultural Object.--In this 
section, the term `Native American cultural object' means any Native 
American (as defined in section 2 of the Native American Graves 
Protection and Repatriation Act (25 U.S.C. 3001))--
            ``(1) cultural items, as defined in that section;
            ``(2) archaeological resource, as defined in section 3 of 
        the Archaeological Resources Protection Act of 1979 (16 U.S.C. 
        470bb); or
            ``(3) object of antiquity protected under section 1866(b).
    ``(b) Prohibition.--It shall be unlawful for any person to 
knowingly export or otherwise transport from the United States any 
Native American cultural object obtained in violation of--
            ``(1) the Native American Graves Protection and 
        Repatriation Act (25 U.S.C. 3001 et seq.);
            ``(2) section 1170;
            ``(3) the Archaeological Resources Protection Act of 1979 
        (16 U.S.C. 470aa et seq.); or
            ``(4) section 1866(b).
    ``(c) Penalty.--Any person who violates subsection (b) shall--
            ``(1) in the case of a first violation under this section, 
        be fined under this title, imprisoned for not more than 1 year, 
        or both; and
            ``(2) in the case of a second or subsequent violation under 
        this section, be fined under this title, imprisoned for not 
        more than 10 years, or both.''.
    (c) Private Repatriation of Native American Cultural Objects.--
Chapter 53 of title 18, United States Code (as amended by subsection 
(b)), is amended by adding at the end the following:
``Sec. 1172. Private repatriation of Native American cultural objects
    ``(a) In General.--Except as provided in subsection (b), if a 
person voluntarily repatriates to the appropriate Indian tribe or 
Native Hawaiian organization by not later than 2 years after the date 
of enactment of this section, all of the Native American cultural 
objects (as defined in section 1171(a)) in the possession of the 
person, that person shall be immune from criminal prosecution under 
this title, the Archaeological Resources Protection Act of 1979 (16 
U.S.C. 470aa et seq.), or any other related law with respect to the 
returned Native American cultural objects.
    ``(b) Exception.--Subsection (a) shall not apply if the person 
repatriates the Native American cultural objects on a date that is 
after the date on which an active investigation or prosecution of the 
person relating to the Native American cultural objects is 
initiated.''.
    (d) Technical and Conforming Amendment.--The table of sections for 
chapter 53 of title 18, United States Code, is amended by adding at the 
end the following:

``1171. Illegal exportation of Native American cultural objects.
``1172. Private repatriation of Native American cultural objects.''.

SEC. 3. GOVERNMENT ACCOUNTABILITY OFFICE REPORT.

    (a) Definitions.--In this section:
            (1) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 2 of the Native American 
        Graves Protection and Repatriation Act (25 U.S.C. 3001).
            (2) Native american cultural object.--The term ``Native 
        American cultural object'' has the meaning given the term in 
        section 1171(a) of title 18, United States Code.
            (3) Native hawaiian organization.--The term ``Native 
        Hawaiian organization'' has the meaning given the term in 
        section 2 of the Native American Graves Protection and 
        Repatriation Act (25 U.S.C. 3001).
    (b) Submission.--Not later than 2 years after the date of enactment 
of this Act, the Comptroller General of the United States, after 
collecting information from the Attorney General, the Secretary of the 
Interior, and the Secretary of State, and meeting, as appropriate, with 
Indian tribes and Native Hawaiian organizations, shall submit the 
report described in subsection (c) to--
            (1) the Committee on Indian Affairs of the Senate; and
            (2) the Committee on Natural Resources of the House of 
        Representatives.
    (c) Report Described.--The report submitted under subsection (b) 
shall include a description of--
            (1) an estimate of the number of Native American cultural 
        objects illegally trafficked in the United States and foreign 
        markets;
            (2) the extent to which the Attorney General has 
        prosecuted, under section 1170 of title 18, United States Code, 
        the Archaeological Resources Protection Act of 1979 (16 U.S.C. 
        470aa et seq.), section 1866(b) of title 18, United States 
        Code, or any other related law, cases of trafficking in--
                    (A) the human remains of a Native American (as 
                defined in section 2 of the Native American Graves 
                Protection and Repatriation Act (25 U.S.C. 3001)); or
                    (B) other Native American cultural objects; and
            (3) recommendations for actions the Attorney General, the 
        Secretary of State, and the Secretary of the Interior can 
        take--
                    (A) to eliminate illegal commerce in Native 
                American cultural objects in the United States and 
                foreign markets; and
                    (B) to secure the repatriation to Indian tribes and 
                Native Hawaiian organizations of Native American 
                cultural objects that have been illegally removed or 
                trafficked in violation of--
                            (i) section 1170(b) of title 18, United 
                        States Code;
                            (ii) the Archaeological Resources 
                        Protection Act of 1979 (16 U.S.C. 470aa et 
                        seq.); or
                            (iii) section 1866(b) of title 18, United 
                        States Code.
    (d) Tribal Working Group.--The Secretary of the Interior shall 
facilitate the convention of a tribal working group composed of 
representatives of Indian tribes and Native Hawaiian organizations, the 
Department of Justice, the Department of the Interior, the Department 
of Homeland Security, and the Department of State--
            (1) to provide an opportunity for Indian tribes and Native 
        Hawaiian organizations to contribute information to the 
        Attorney General, the Secretary of the Interior, and the 
        Secretary of State during the preparation of the report 
        described in subsection (c); and
            (2) to advise the Attorney General, the Secretary of the 
        Interior, and the Secretary of State on methods for 
        implementing recommendations included in the report described 
        in subsection (c).