[Congressional Record Volume 142, Number 135 (Thursday, September 26, 1996)]
[House]
[Page H11319]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




[[Page H11319]]



     NATIONAL MUSEUM OF THE AMERICAN INDIAN ACT AMENDMENTS OF 1996

  Mr. THOMAS. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 1970) to amend the National Museum of the American 
Indian Act to make improvements in the Act, and for other purposes.
  The Clerk read 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 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, 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''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California [Mr. Thomas] and the gentleman from California [Mr. Fazio] 
each will control 20 minutes.
  The Chair recognizes the gentleman from California [Mr. Thomas].
  Mr. THOMAS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, S. 1970, legislation by the Senator from Arizona [Mr. 
McCain] takes the law that was passed in 1989 that established the 
Museum of the American Indian, which incidentally we have seen the 
conclusion of the architectural contest which will produce a marvelous 
museum on the mall between the Capitol and the Air and Space Museum, 
universally applauded for the architectural rendering, but all of us 
understand that any edifice is there for what it contains, and this is 
the American Indian Museum.
  But that act, passed in 1989, is in part in conflict with the act 
passed in 1990, the Native American Graves and Repatriation Act. What 
this legislation does is conform the National Museum of the American 
Indian Act passed in 1989 with the Native American Graves and 
Repatriation Act passed in 1990. To a certain extent it codifies what 
the Smithsonian was already doing with Native American remains.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FAZIO of California. Mr. Speaker, I thank the gentleman from 
California [Mr. Thomas] for his explanation of the bill. I support this 
initiative and believe it to be in the best interests of all parties 
involved.
  Mr. Speaker, I do not have anyone on my side requesting any time, so 
assuming the majority has no further speakers, I yield back the balance 
of my time.
  Mr. THOMAS. Mr. Speaker, yielding myself such time as I may consume, 
I do want to thank the gentleman from Alaska [Mr. Young], the chairman 
of the Committee on Resources, which has jurisdiction over the 
repatriation issue, for his willingness to assist us in bringing this 
to the floor in the expeditious manner in which we have been able to do 
so.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California [Mr. Thomas] that the House suspend the rules 
and pass the Senate bill, S. 1970.
  The question was taken; and--two-thirds having voted in favor 
thereof--the rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

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