S. 1400Senate115th Congress (2017-2019)In Committee

Safeguard Tribal Objects of Patrimony Act of 2017

AI-Generated Summary

Updated April 15, 2026 at 4:36 PM UTC

The Safeguard Tribal Objects of Patrimony Act of 2017 would strengthen U.S. laws that protect Native American tangible cultural heritage. It raises the maximum prison term for illegal trafficking, makes it a crime to export cultural items that were obtained unlawfully, and creates programs to help return such items to tribes and Native Hawaiian organizations.

Key Provisions

Increases the maximum prison sentence for violations of existing cultural‑heritage theft laws from 5 to 10 years.
Adds a new offense that makes it illegal to knowingly export or transport Native American cultural items, archaeological resources, or objects of antiquity that were obtained in violation of federal law, with penalties of up to 1 year for a first offense and up to 10 years for repeat offenses.
Requires the Attorney General, the Secretary of Homeland Security, and the Secretary of the Interior to issue regulations to enforce the new rules.
Defines key terms such as “Indian tribe,” “Native American,” “Native Hawaiian organization,” and “tangible cultural heritage.”
Establishes a policy encouraging voluntary return of cultural heritage, designates federal liaisons, and mandates training and workshops for tribes, collectors, dealers, and other parties.
Creates a tribal working group of tribal and Native Hawaiian representatives to advise the government on repatriation, illegal trade, and related matters, with support from multiple federal agencies.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

3 earlier actions

SenateCommittee Latest Action

Committee on Indian Affairs. Ordered to be reported without amendment favorably.

Indian Affairs Committee

May 16, 2018

View full timeline

SenateIntro Referral

Introduced in Senate

June 21, 2017

SenateIntro Referral

Read twice and referred to the Committee on Indian Affairs.

Indian Affairs Committee

June 21, 2017

SenateCommittee

Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 115-236.

Indian Affairs Committee

November 8, 2017

SenateCommittee

Committee on Indian Affairs. Ordered to be reported without amendment favorably.

Indian Affairs Committee

May 16, 2018

Floor Debate

1 member

What members said about S. 1400 on the floor

1 Republican

Sen. Mitch McConnellR-KY · Nov 8, 2017

Mr. President, I have 6 requests for committees to meet during today's session of the Senate. They have the approval of the Majority and Minority leaders. Pursuant to rule XXVI, paragraph 5(a), of…

Mr. President, I have 6 requests for committees to meet during today's session of the Senate. They have the approval of the Majority and Minority leaders.

Pursuant to rule XXVI, paragraph 5(a), of the Standing Rules of the Senate, the following committees are authorized to meet during today's session of the Senate:

committee on commerce, science, and transportation

The Committee on Commerce, Science, and Transportation is authorized to meet during the session of the Senate on Wednesday, November 8, 2017, at 9:45 a.m., to conduct a hearing on the following nominations: Dana Baiocco, of Ohio, to be a Commissioner of the Consumer Product Safety Commission, James Bridenstine, of Oklahoma, to be Administrator of the National Aeronautics and Space Administration, Neil Jacobs, of North Carolina, and Nazakhtar Nikakhtar, of Maryland, both to be an Assistant Secretary of Commerce, Bruce Landsberg, of South Carolina, to be a Member of the National Transportation Safety Board, Raymond Martinez, of New Jersey, to be Administrator of the Federal Motor Carrier Safety Administration, and Diana Furchtgott-Roth, of Maryland, to be an Assistant Secretary, both of the Department of Transportation, and Leon A. Westmoreland, of Georgia, to be a Director of the Amtrak Board of Directors; to be immediately followed by a hearing to examine protecting consumers in the era of major data breaches.

committee on commerce, science, and transportation

The Committee on Commerce, Science, and Transportation is authorized to meet during the session of the Senate on Wednesday, November 8, 2017, at 10 a.m., in room SD-106 to conduct a hearing entitled ``Protecting Consumers in the Era of Major Data Breaches.''

committee on environment and public works

The Committee on Environment and Public Works is authorized to meet during the session of the Senate on Wednesday, November 8, 2017, at 10 a.m., in room SD-406 to conduct a hearing on the following nominations: Kathleen Hartnett White, of Texas, to be a Member of the Council on Environmental Quality, and Andrew Wheeler, of Virginia, to be Deputy Administrator of the Environmental Protection Agency.

committee on homeland security and governmental affairs

The Committee on Homeland Security and Governmental Affairs is authorized to meet during the session of the Senate on Wednesday, November 8, 2017, at 10 a.m. to conduct a hearing on the nomination of Kirstjen Nielsen, of Virginia, to be Secretary of Homeland Security.

committee on the judiciary

The Committee on the Judiciary is authorized to meet during the session of the Senate on Wednesday, November 8, 2017, at 10 a.m., in room SD-226 to conduct a hearing entitled ``The Impact of Lawsuits Abuse on American Small Businesses and Job Creators.''

committee on indian affairs

The Committee on Indian Affairs is authorized to meet during the session of the Senate on Wednesday, November 8, 2017, at 2:30 p.m., in room SD-628 to conduct a hearing on S. 465, ``Independent Outside Audit of Indian Health Service Act of 2017'' and S. 1400. ``Safeguarding Tribal Objects of Patrimony Act of 2017''.

subcommittee on africa and global health policy

The Subcommittee on Africa and Global Health Policy of the Committee on Foreign Relations is authorized to meet during the session of the Senate on Wednesday, November 8, 2017, at 3 p.m. to conduct a closed hearing on Ambassador Haley's Recent Trip to Africa.

Bill Text

Latest available legislative text

Reading Mode

Raw Text PDF XML

Introduced in SenateIssued June 21, 2017

115th CONGRESS

1st Session

S. 1400

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.

Short title

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

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:

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.

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.

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).

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.