I 
114TH CONGRESS 
2D SESSION 
H. R. 5854 
To amend title 18, United States Code, to enhance protections of Native 
American cultural objects, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 14, 2016 
Mr. BEN RAY LUJA´N of New Mexico (for himself and Ms. MICHELLE LUJAN 
GRISHAM of New Mexico) introduced the following bill; which was re-
ferred to the Committee on the Judiciary, and in addition to the Com-
mittee on Natural Resources, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
A BILL 
To amend title 18, United States Code, to enhance protec-
tions of Native American cultural objects, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Safeguard Tribal Ob-
jects of Patrimony Act of 2016’’. 
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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 fol-
lowing: 
‘‘§ 1171. Illegal exportation of Native American cul-
tural objects 
‘‘(a) DEFINITION OF NATIVE AMERICAN CULTURAL 
OBJECT.—In this section, the term ‘Native American cul-
tural 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 sec-
tion 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 per-
son to knowingly export or otherwise transport from the 
United States any Native American cultural object ob-
tained in violation of— 
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‘‘(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 vio-
lation 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: 
‘‘§ 1172. Private repatriation of Native American cul-
tural 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 
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section 1171(a)) in the possession of the person, that per-
son 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 ob-
jects 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 fol-
lowing: 
‘‘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. 
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(3) NATIVE
HAWAIIAN
ORGANIZATION.—The 
term ‘‘Native Hawaiian organization’’ has the mean-
ing given the term in section 2 of the Native Amer-
ican 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 In-
dian tribes and Native Hawaiian organizations, shall sub-
mit the report described in subsection (c) to— 
(1) the Committee on Indian Affairs of the Sen-
ate; 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 Amer-
ican 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.), 
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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 Amer-
ican (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 ob-
jects; 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 Pro-
tection Act of 1979 (16 U.S.C. 470aa et 
seq.); or 
(iii) section 1866(b) of title 18, 
United States Code. 
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(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 Jus-
tice, 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 in-
formation 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 Sec-
retary of the Interior, and the Secretary of State on 
methods for implementing recommendations included 
in the report described in subsection (c). 
Æ 
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