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Code · BILL · 114th Congress · H.R. 5854 (Introduced in House) — To amend title 18, United States Code, to enhance protections of Native American cultural objects, and for other purp... · Sec. 2

Sec. 2. Enhanced protections for Native American cultural objects

420 words·~2 min read·/bill/114/hr/5854/ih/section-2

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Section 1170 of title 18, United States Code, is amended by striking 5 years each place it appears and inserting 10 years . Chapter 53 of title 18, United States Code, is amended by adding at the end the following: In this section, the term Native American cultural object means any Native American (as defined in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 ))— cultural items, as defined in that section; archaeological resource, as defined in section 3 of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470bb ); or object of antiquity protected under section 1866(b).
It shall be unlawful for any person to knowingly export or otherwise transport from the United States any Native American cultural object obtained in violation of— the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq. ); section 1170; the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq. ); or section 1866(b). Any person who violates subsection
(b)shall— 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 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. . Chapter 53 of title 18, United States Code (as amended by subsection (b)), is amended by adding at the end the following: Except as provided in subsection (b), if a person voluntarily repatriates to the appropriate Indian tribe or Native Hawaiian organization by not later than 2 years after the date of enactment of this section, all of the Native American cultural objects (as defined in section 1171(a)) in the possession of the person, that person shall be immune from criminal prosecution under this title, the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq. ), or any other related law with respect to the returned Native American cultural objects. Subsection
(a)shall not apply if the person repatriates the Native American cultural objects on a date that is after the date on which an active investigation or prosecution of the person relating to the Native American cultural objects is initiated. . 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 objects. 1172. Private repatriation of Native American cultural objects. .
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Sec. 2
Enhanced protections for Native American cultural objects
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