[Congressional Record Volume 142, Number 120 (Thursday, September 5, 1996)]
[Senate]
[Pages S9981-S9982]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     NATIONAL MUSEUM OF THE AMERICAN INDIAN ACT AMENDMENTS OF 1996

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of calendar No. 564, S. 1970.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       A bill (S. 1970) to amend the National Museum of the 
     American Indian Act to make improvements in the Act, and for 
     other purposes.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill.
  Mr. McCAIN. Mr. President, I wish to thank my colleagues for voting 
to adopt S. 1970, a bill to amend the National Museum of the American 
Indian Act [NMAIA]. This legislation is intended to codify existing 
policies and procedures practiced by the National Museum of the 
American Indian and the National Museum of Natural History and to amend 
the act so that its repatriation requirements are consistent with the 
requirements of the Native American Graves Protection and Repatriation 
Act [NAGPRA]. The overriding purpose of this legislation is to ensure 
that the requirements for the inventory, identification, and return of 
Indian human remains and Indian funerary objects in the possession of 
the Smithsonian Institution are being carried out and that the remains 
and funerary objects are being returned to their rightful keepers and 
protectors the Indian tribes.
  The possession of Indian human remains and associated funerary 
objects by non-Indians has been a contentious issue for Indian tribes 
and Indian organizations for many years. In order to bring about a 
satisfactory resolution to these issues and to create a respectful 
dialog between the parties, Congress enacted the Native American Graves 
Protection and Repatriation Act and the National Museum of the American 
Indian Act. In the years since its passage, the Smithsonian Institution 
has worked diligently to fulfill the mandates of both the NAGPRA and 
the NMAIA. Both the National Museum of the American Indian and the 
National Museum of Natural History employ written policies that are 
consistent with the spirit and intent of NAGPRA.
  S. 1970 will ensure that these policies are consistent with the 
requirements of NAGPRA by establishing additional procedures and 
deadlines for the completion of the Smithsonian's repatriation 
mandates. It mandates that a simple inventory of the remains and 
objects in the Smithsonian's possession be completed by June 1, 1998, 
and that a written summary of all unassociated funerary objects, sacred 
objects, and objects of cultural patrimony in its possession be 
completed by December 31, 1996. Second, S. 1970 requires that the 
Smithsonian notify and return expeditiously all unassociated funerary 
objects, sacred objects, or objects of cultural patrimony to the 
appropriate individual, Indian tribe, or Native Hawaiian organization. 
In order to facilitate the repatriation process, the bill increases the 
membership of the repatriation committee and requires that two members 
be ``traditional Indian religious elders.'' Finally, this legislation 
allows the Smithsonian the flexibility to go beyond the Act's minimum 
requirements in returning the funerary and sacred objects and remains 
to Indian people.
  Mr. President, I would like to express my deep appreciation for the 
hard work and dedication of representatives of the Smithsonian who have 
cooperated tremendously in the preparation of this legislation and who 
have continued to demonstrate their serious commitment to returning 
these sacred remains and objects to their rightful owners the Indian 
tribes. Finally, I would like to express my personal thanks for the 
tireless work of Senator Inouye in making the National Museum of the 
American Indian a reality and for his efforts on behalf of this 
legislation. I thank my colleagues for their support of S. 1970.
  Mr. FRIST. Mr. President, I ask unanimous consent that the bill be 
deemed read the third time, passed, the motion to reconsider be laid 
upon the table, and that any statements relating to the bill be placed 
at the appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1970) was deemed read the third time, and passed, as 
follows:

                                S. 1970

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

     SECTION 1. SHORT TITLE: REFERENCES.

       (a) Short Title.--This Act may be cited as the ``National 
     Museum of the American Indian Act Amendments of 1996''.
       (b) References.--Whenever in this Act an amendment or 
     repeal is expressed in terms of an amendment to or repeal of 
     a section or other provision, the reference shall be 
     considered to be made to a section or other provision of the 
     National Museum of the American Indian Act (20 U.S.C. 80q et 
     seq.).

     SEC. 2. BOARD OF TRUSTEES.

       Section 5(f)(1)(B) (20 U.S.C. 80q-3(f)(1)(B)) is amended by 
     striking ``an Assistant Secretary'' and inserting ``a senior 
     official''.

     SEC. 3. INVENTORY.

       (a) In General.--Section 11(a) (20 U.S.C. 80q-9(a)) is 
     amended--
       (1) by striking ``(1)'' and inserting ``(A)'';
       (2) by striking ``(2)'' and inserting ``(B)'';
       (3) by inserting ``(1)'' before ``The Secretary''; and
       (4) by adding at the end the following new paragraphs:
       ``(2) The inventory made by the Secretary of the 
     Smithsonian Institution under paragraph (1) shall be 
     completed not later than June 1, 1998.
       ``(3) For purposes of this subsection, the term `inventory' 
     means a simple, itemized list that, to the extent 
     practicable, identifies, based upon available information 
     held by the Smithsonian Institution, the geographic and 
     cultural affiliation of the remains and objects referred to 
     in paragraph (1).''.
       (b) Authorization of Appropriations.--Section 11(f) (20 
     U.S.C. 80q-9(f)) is amended by striking ``to carry out this 
     section'' and inserting ``to carry out this section and 
     section 11A''.

     SEC. 4. SUMMARY AND REPATRIATION OF UNASSOCIATED FUNERARY 
                   OBJECTS, SACRED OBJECTS, AND CULTURAL 
                   PATRIMONY.

       The National Museum of the American Indian Act (20 U.S.C. 
     80q et seq.) is amended by inserting after section 11 the 
     following new section:

     ``SEC. 11A. SUMMARY AND REPATRIATION OF UNASSOCIATED FUNERARY 
                   OBJECTS, SACRED OBJECTS, AND CULTURAL 
                   PATRIMONY.

       ``(a) Summary.--Not later than December 31, 1996, the 
     Secretary of the Smithsonian Institution shall provide a 
     written summary that contains a summary of unassociated 
     funerary objects, sacred objects, and objects of cultural 
     patrimony (as those terms are defined in subparagraphs (B), 
     (C), and (D), respectively, of section 2(3) of the Native 
     American Graves Protection and Repatriation Act (25 U.S.C. 
     3001(3)), based upon available information held by the 
     Smithsonian Institution. The summary required under this 
     section shall include, at a minimum, the information required 
     under section 6 of the Native American Graves Protection and 
     Repatriation Act (25 U.S.C. 3004).
       ``(b) Repatriation.--Where cultural affiliation of Native 
     American unassociated funerary objects, sacred objects, and 
     objects of cultural patrimony has been established in the 
     summary prepared pursuant to subsection (a), or where a 
     requesting Indian tribe or Native Hawaiian organization can 
     show cultural affiliation by a preponderance of the evidence 
     based upon geographical, kinship, biological, archaeological, 
     anthropological, linguistic, folkloric, oral traditional, 
     historical, or other relevant information or expert opinion, 
     then the Smithsonian Institution shall expeditiously return 
     such unassociated funerary object, sacred object, or object 
     of cultural patrimony where--
       ``(1) the requesting party is the direct lineal descendant 
     of an individual who owned

[[Page S9982]]

     the unassociated funerary object or sacred object;
       ``(2) the requesting Indian tribe or Native Hawaiian 
     organization can show that the object was owned or controlled 
     by the Indian tribe or Native Hawaiian organization; or
       ``(3) the requesting Indian tribe or Native Hawaiian 
     organization can show that the unassociated funerary object 
     or sacred object was owned or controlled by a member thereof, 
     provided that in the case where an unassociated funerary 
     object or sacred object was owned by a member thereof, there 
     are no identifiable lineal descendants of said member or the 
     lineal descendants, upon notice, have failed to make a claim 
     for the object.
       ``(c) Standard of Repatriation.--If a known lineal 
     descendant or an Indian tribe or Native Hawaiian organization 
     requests the return of Native American unassociated funerary 
     objects, sacred objects, or objects of cultural patrimony 
     pursuant to this Act and presents evidence which, if standing 
     alone before the introduction of evidence to the contrary, 
     would support a finding that the Smithsonian Institution did 
     not have the right of possession, then the Smithsonian 
     Institution shall return such objects unless it can overcome 
     such inference and prove that it has a right of possession to 
     the objects.
       ``(d) Museum Obligation.--Any museum of the Smithsonian 
     Institution which repatriates any item in good faith pursuant 
     to this Act shall not be liable for claims by an aggrieved 
     party or for claims of fiduciary duty, public trust, or 
     violations of applicable law that are inconsistent with the 
     provisions of this Act.
       ``(e) Statutory Construction.--Nothing in this section may 
     be construed to prevent the Secretary of the Smithsonian 
     Institution, with respect to any museum of the Smithsonian 
     Institution, with respect to any museum of the Smithsonian 
     Institution, from making an inventory or preparing a written 
     summary or carrying out the repatriation of unassociated 
     funerary objects, sacred objects, or objects of cultural 
     patrimony in a manner that exceeds the requirements of this 
     Act.
       ``(f) Native Hawaiian Organization Defined.--For purposes 
     of this section, the term `Native Hawaiian organization' has 
     the meaning provided that term in section 2(11) of the Native 
     American Graves Protection and Repatriation Act (25 U.S.C. 
     3001(11)).''.

     SEC. 5. SPECIAL COMMITTEE.

       Section 12 (20 U.S.C. 80q-10) is amended--
       (1) in the first sentence of subsection (a), by inserting 
     ``and unassociated funerary objects, sacred objects, and 
     objects of cultural patrimony under section 11A'' before the 
     period; and
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``five'' and inserting ``7'';
       (B) in paragraph (1)--
       (i) by striking ``three'' and inserting ``4''; and
       (ii) by striking ``and'' at the end;
       (C) by redesignating paragraph (2) as paragraph (3); and
       (D) by inserting after paragraph (1) the following:
       ``(2) at least 2 members shall be traditional Indian 
     religious leaders; and''.

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