[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5268 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 5268
To amend title 18, United States Code, to prevent individuals who are
not members of Indian tribes from receiving Indian tribal benefits, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 26, 2019
Mr. Clay introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to prevent individuals who are
not members of Indian tribes from receiving Indian tribal benefits, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stolen Heritage Prevention Act of
2019''.
SEC. 2. FRAUDULENT RECEIPT OF TRIBAL BENEFITS; TRIBAL IDENTIFICATION
CARDS.
(a) Wire Fraud.--Section 1343 of title 18, United States Code, is
amended--
(1) by striking ``Whoever, having'' and inserting ``(a) In
General--Whoever, having'';
(2) by striking ``violation occurs in relation to,'' and
all that follows through ``30 years, or both.'' and inserting
the following: ``violation--
``(1) occurs in relation to, or involving any benefit
authorized, transported, transmitted, transferred, disbursed,
or paid in connection with, a presidentially declared major
disaster or emergency (as those terms are defined in section
102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122));
``(2) affects a financial institution; or
``(3) occurs in relation to, or involving any benefit
authorized, transported, transmitted, transferred, disbursed,
or paid in connection with, special programs and services
provided by the United States to Indians because of their
status as Indians;
shall be fined not more than $1,000,000, imprisoned not more than 30
years, or both.''; and
(3) by adding at the end the following:
``(b) Definitions.--In this section--
``(1) the term `Indian' means any individual who is a
member of an Indian tribe; and
``(2) the term `Indian tribe'--
``(A) has the meaning given the term in section 4
of the Indian Self-Determination and Education
Assistance Act; and
``(B) includes, for purposes of this section only,
an Indian group that has been formally recognized as an
Indian tribe by--
``(i) a State legislature;
``(ii) a State commission; or
``(iii) another similar organization vested
with State legislative tribal recognition
authority.''.
(b) Identification Cards.--Section 1159 of title 18, United States
Code, is amended--
(1) in the section heading, by striking ``products'' and
inserting ``products; misrepresentation of membership in an
Indian tribe'';
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(3) by inserting after subsection (b) the following:
``(c) Tribal Identification Cards.--
``(1) In general.--Whoever knowingly sells an Indian tribal
identification card to an individual who is not a member of an
Indian tribe without disclosing on such card that the
individual is ineligible for any special programs and services
provided by the United States to Indians because of their
status as Indians shall be fined under this title, imprisoned
not more than 5 years, or both.
``(2) Aggravating factor.--Whoever commits an offense under
paragraph (1), with the intent to defraud the Federal
Government for the purpose of receiving as a benefit, or
causing another to receive as a benefit, special programs and
services provided by the United States to Indians because of
their status as Indians and is otherwise ineligible for such a
benefit shall be fined under this title, imprisoned not more
than 15 years, or both.''.
<all>