[Congressional Record Volume 162, Number 148 (Thursday, September 29, 2016)]
[Senate]
[Pages S6283-S6284]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5106. Mrs. FISCHER (for Mr. Udall) proposed an amendment to the 
concurrent resolution H. Con. Res. 122, supporting efforts to stop the 
theft, illegal possession or sale, transfer, and export of tribal 
cultural items of American Indians, Alaska Natives, and Native 
Hawaiians in the United States and internationally; as follows:

       Strike all after the resolving clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This concurrent resolution may be cited as the ``Protection 
     of the Right of Tribes to stop the Export of Cultural and 
     Traditional Patrimony Resolution'' or the ``PROTECT Patrimony 
     Resolution''.

     SEC. 2. DEFINITIONS.

       In this resolution:
       (1) Native american.--The term ``Native American'' means--
       (A) with respect to an individual, an individual who is a 
     member of an Indian tribe (as defined in section 2 of the 
     Native American Graves Protection and Repatriation Act (25 
     U.S.C. 3001)); and
       (B) with respect to the cultural nature or significance of 
     an item, right, or other object or concept, being of or 
     significant to--
       (i) an Indian tribe (as defined in section 2 of the Native 
     American Graves Protection and Repatriation Act (25 U.S.C. 
     3001)); or
       (ii) a Native Hawaiian organization (as defined in that 
     section (25 U.S.C. 3001)).
       (2) Tribal cultural item.--The term ``tribal cultural 
     item'' has the meaning given the term ``cultural item'' in 
     section 2 of the Native American Graves Protection and 
     Repatriation Act (25 U.S.C. 3001).

     SEC. 3. FINDINGS.

       Congress finds the following:
       (1) Tribal cultural items--
       (A) have ongoing historical, traditional, or cultural 
     importance central to a Native American group or culture;
       (B) cannot be alienated, appropriated, or conveyed by any 
     individual; and
       (C) are vital to Native American cultural survival and the 
     maintenance of Native American ways of life.
       (2) The nature and description of tribal cultural items are 
     sensitive and to be treated with respect and confidentiality, 
     as appropriate.
       (3) Violators often export tribal cultural items 
     internationally with the intent of evading Federal and tribal 
     laws.
       (4) Tribal cultural items continue to be removed from the 
     possession of Native Americans and sold in black or public 
     markets in violation of Federal and tribal laws, including 
     laws designed to protect Native American cultural property 
     rights.
       (5) The illegal trade of tribal cultural items involves a 
     sophisticated and lucrative black market, where the items are 
     traded through domestic markets and then are often exported 
     internationally.
       (6) Auction houses in foreign countries have held sales of 
     tribal cultural items from the Pueblo of Acoma, the Pueblo of 
     Laguna, the Pueblo of San Felipe, the Hopi Tribe, and other 
     Indian tribes.
       (7) After tribal cultural items are exported 
     internationally, Native Americans have difficulty stopping 
     the sale of the items and securing their repatriation to 
     their home communities, where the items belong.
       (8) Federal agencies have a responsibility to consult with 
     Native Americans to stop the theft, illegal possession or 
     sale, transfer, and export of tribal cultural items.
       (9) An increase in the investigation and successful 
     prosecution of violations of the Native American Graves 
     Protection and Repatriation Act (25 U.S.C. 3001 et seq.) and 
     the Archaeological Resources Protection Act of 1979 (16 
     U.S.C. 470aa et seq.) is necessary to deter illegal trading 
     in tribal cultural items.
       (10) Many Indian tribes and tribal organizations have 
     passed resolutions condemning the theft and sale of tribal 
     cultural items, including the following:
       (A) The National Congress of American Indians passed 
     Resolutions SAC-12-008 and SD-15-075 to call on the United 
     States, in consultation with Native Americans--
       (i) to address international repatriation; and
       (ii) to take affirmative actions to stop the theft and 
     illegal sale of tribal cultural items both domestically and 
     internationally.
       (B) The All Pueblo Council of Governors, representative of 
     20 Pueblo Indian tribes--
       (i) noted that the Pueblo Indian tribes of the Southwestern 
     United States have been disproportionately affected by the 
     sale of tribal cultural items both domestically and 
     internationally in violation of Federal and tribal laws; and
       (ii) passed Resolutions 2015-12 and 2015-13 to call on the 
     United States, in consultation with Native Americans--

       (I) to address international repatriation; and
       (II) to take affirmative actions to stop the theft and 
     illegal sale of tribal cultural items both domestically and 
     internationally.

       (C) The United South and Eastern Tribes, an intertribal 
     organization comprised of 26 federally recognized Indian 
     tribes, passed Resolution 2015:007, which calls on the United 
     States to address all means to support the repatriation of 
     tribal cultural items from beyond United States borders.
       (D) The Inter-Tribal Council of the Five Civilized Tribes, 
     uniting the Chickasaw, Choctaw, Cherokee, Muscogee (Creek), 
     and Seminole Nations, passed Resolution 12-07, which requests 
     that the United States, after

[[Page S6284]]

     consultation with Native Americans, assist in international 
     repatriation and take immediate action to address 
     repatriation.

     SEC. 4. DECLARATION OF CONGRESS.

       Congress--
       (1) condemns the theft, illegal possession or sale, 
     transfer, and export of tribal cultural items;
       (2) calls on the Secretary of the Interior, the Secretary 
     of State, the Secretary of Commerce, the Secretary of 
     Homeland Security, and the Attorney General to consult with 
     Native Americans, including traditional Native American 
     religious leaders, in addressing the practices described in 
     paragraph (1)--
       (A) to take affirmative action to stop the practices; and
       (B) to secure repatriation of tribal cultural items to 
     Native Americans;
       (3) supports the efforts of the Comptroller General of the 
     United States--
       (A) to determine the scope of illegal trafficking in tribal 
     cultural items domestically and internationally; and
       (B) to discuss with Native Americans, including traditional 
     Native American religious leaders, relevant Federal 
     officials, and other individuals and entities, as 
     appropriate, the steps required--
       (i) to end illegal trafficking in, and the export of, 
     tribal cultural items; and
       (ii) to secure repatriation of tribal cultural items to the 
     appropriate Native Americans;
       (4) supports the development of explicit restrictions on 
     the export of tribal cultural items; and
       (5) encourages State and local governments and interested 
     groups and organizations to work cooperatively in--
       (A) deterring the theft, illegal possession or sale, 
     transfer, and export of tribal cultural items; and
       (B) securing the repatriation of tribal cultural items to 
     the appropriate Native Americans.
                                 ______
                                 
  SA 5107. Mrs. FISCHER (for Mr. Udall) proposed an amendment to the 
concurrent resolution H. Con. Res. 122, supporting efforts to stop the 
theft, illegal possession or sale, transfer, and export of tribal 
cultural items of American Indians, Alaska Natives, and Native 
Hawaiians in the United States and internationally; as follows:

       Strike the preamble.

                          ____________________