Title: Safeguard Tribal Objects of Patrimony Act of 2017
Policy area: Native Americans

Summary:
Safeguard Tribal Objects of Patrimony Act of 2017
This bill amends the federal criminal code to double the maximum prison term (from 5 years to 10 years) for persons convicted of selling, purchasing, using for profit, or transporting for sale or profit the human remains of Native Americans or cultural items obtained in violation of the Native American Graves Protection and Repatriation Act.
The bill prohibits the export of Native American cultural items that were obtained in violation of the Act, Native American archaeological resources that were obtained in violation of the Archaeological Resources Protection Act of 1979, or Native American objects of antiquity that were obtained in violation of the criminal code. Violators may be subject to fines, imprisonment, or both.
The Department of the Interior and the Department of State must each designate a liaison to facilitate and hold trainings and workshops on the voluntary return of human remains or cultural items.
Interior must refer individuals and organizations to Indian tribes or Native Hawaiian organizations to facilitate the voluntary return of human remains or cultural items.
In addition, Interior must convene a tribal working group consisting of representatives of tribes and Native Hawaiian organizations to provide advice on issues concerning the return of, and illegal trade in, human remains or cultural items.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1400 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1400

To amend title 18, United States Code, to enhance protections of Native 
      American tangible cultural heritage, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 21, 2017

   Mr. Heinrich (for himself, Mr. Flake, Mr. Udall, Mr. McCain, Mr. 
   Schatz, Mr. Daines, Mr. Tester, and Ms. Murkowski) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Indian Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to enhance protections of Native 
      American tangible cultural heritage, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safeguard Tribal Objects of 
Patrimony Act of 2017''.

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

    (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 Heritage.--
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 heritage
    ``(a) Definitions.--In this section:
            ``(1) Archaeological resource.--The term `archaeological 
        resource' has the meaning given the term in section 3 of the 
        Archaeological Resources Protection Act of 1979 (16 U.S.C. 
        470bb).
            ``(2) Cultural item.--The term `cultural item' has the 
        meaning given the term in section 2 of the Native American 
        Graves Protection and Repatriation Act (25 U.S.C. 3001).
            ``(3) Native american.--The term `Native American' has the 
        meaning given the term in section 2 of the Native American 
        Graves Protection and Repatriation Act (25 U.S.C. 3001).
    ``(b) Prohibition.--It shall be unlawful for any person to 
knowingly export or otherwise transport from the United States any--
            ``(1) Native American cultural item that was obtained in 
        violation of section 1170 of this title or section 3(c) of the 
        Native American Graves Protection and Repatriation Act (25 
        U.S.C. 3002(c));
            ``(2) Native American archaeological resource that was 
        obtained in violation of the Archaeological Resources 
        Protection Act of 1979 (16 U.S.C. 470aa et seq.); or
            ``(3) Native American object of antiquity that was obtained 
        in violation of section 1866(b) of this title.
    ``(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) Regulations.--The Attorney General and Secretary of Homeland 
Security, in consultation with the Secretary of the Interior, shall 
prescribe such rules and regulations as are necessary and appropriate 
to carry out the amendments made by this section.
    (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 heritage.''.

SEC. 3. DEFINITIONS.

    In this Act:
            (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.--The term ``Native American'' has the 
        meaning given the term in section 2 of the Native American 
        Graves Protection and Repatriation Act (25 U.S.C. 3001).
            (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).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) Tangible cultural heritage.--The term ``tangible 
        cultural heritage'' means--
                    (A) Native American human remains; or
                    (B) culturally, historically, or archaeologically 
                significant objects, resources, patrimony, or other 
                items that are affiliated with a Native American 
                culture.

SEC. 4. VOLUNTARY RETURN OF TANGIBLE CULTURAL HERITAGE.

    (a) Policy.--It shall be the policy of the United States to 
encourage the voluntary return of tangible cultural heritage to Indian 
tribes and Native Hawaiian organizations by collectors, dealers, and 
other individuals and non-Federal organizations that hold such 
heritage.
    (b) Liaison.--The Secretary and the Secretary of State shall each 
designate a liaison to facilitate the voluntary return of tangible 
cultural heritage.
    (c) Trainings and Workshops.--The individuals listed in subsection 
(b) shall hold trainings and workshops for representatives of Indian 
tribes and Native Hawaiian organizations and collectors, dealers, and 
other individuals and non-Federal organizations regarding the voluntary 
return of tangible cultural heritage.
    (d) Referrals.--
            (1) In general.--The Secretary shall refer individuals and 
        organizations to one or more Indian tribes or Native Hawaiian 
        organizations with a likely cultural affiliation to tangible 
        cultural heritage for the purpose of facilitating the voluntary 
        return of tangible cultural heritage.
            (2) Referral representatives.--The Secretary shall compile 
        a list of representatives from each Indian tribe and Native 
        Hawaiian organization for purposes of referral under paragraph 
        (1).
            (3) Consultation.--The Secretary shall consult with Indian 
        tribes and Native Hawaiian organizations that possess unique 
        expertise in their cultural heritage before making a referral 
        under paragraph (1).
            (4) Third-party experts.--The Secretary may utilize 
        knowledgeable experts from regional academic institutions and 
        museums to aid in making determinations regarding to which 
        Indian tribe or Native Hawaiian organization an individual or 
        organization should be referred under paragraph (1).

SEC. 5. TRIBAL WORKING GROUP.

    (a) In General.--The Secretary shall convene a tribal working group 
consisting of representatives of Indian tribes and Native Hawaiian 
organizations to advise the Federal Government.
    (b) Recommendations.--The tribal working group convened under 
subsection (a) may provide recommendations regarding--
            (1) the return of tangible cultural heritage by collectors, 
        dealers, and other individuals and non-Federal organizations 
        that hold such tangible cultural heritage;
            (2) the elimination of illegal commerce in tangible 
        cultural heritage in the United States and foreign markets; and
            (3) the repatriation to Indian tribes and Native Hawaiian 
        organizations of tangible cultural heritage that have been 
        illegally removed or trafficked in violation of Federal law.
    (c) Agency and Committee Assistance.--
            (1) In general.--The agencies and committees described in 
        paragraph (2) shall provide information and assistance to the 
        tribal working group convened under subsection (a) upon request 
        by the tribal working group.
            (2) Agencies and committees.--The agencies and committees 
        described in this paragraph are the following:
                    (A) The Department of the Interior.
                    (B) The Department of Justice.
                    (C) The Department of Homeland Security.
                    (D) The Department of State.
                    (E) The Native American Graves Protection and 
                Repatriation Review Committee established under section 
                8 of the Native American Graves Protection and 
                Repatriation Act (25 U.S.C. 3006).
                    (F) The Cultural Property Advisory Committee 
                established under section 306 of the Convention on 
                Cultural Property Implementation Act (19 U.S.C. 2605).
                    (G) Any other relevant Federal agency.
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