As ordered reported by the Senate Committee on Indian Affairs on May 16, 2018
S. 1400 would establish a new federal crime prohibiting the export of Native American cultural items, archaeological resources, or objects of antiquity without proper authority. CBO expects that the new crime would apply to a relatively small number of offenders, however, so any increase in costs for law enforcement, court proceedings, or prison operations would not be significant.
Because those prosecuted and convicted under S. 1400 could be subject to criminal fines, the federal government might collect additional fines under the bill. Criminal fines are recorded as revenues, deposited in the Crime Victims Fund, and later spent without further appropriations action. CBO expects that any additional revenues and subsequent direct spending would not be significant because the legislation would probably affect only a small number of cases.
S. 1400 also would direct the Department of the Interior (DOI) and the Department of State to each designate a liaison to facilitate the voluntary return of Native American cultural artifacts that were unlawfully acquired. CBO expects that most of that work would be done by DOI. Using information from DOI, CBO estimates implementing that requirement would cost about $3 million over the 2019-2023 period, subject to the availability of appropriated funds. Those costs would cover salaries and expenses for two DOI employees and travel costs.
Because enacting S. 1400 would affect direct spending and revenues, pay-as-you-go procedures apply.
CBO estimates that enacting S. 1400 would not increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2029.
S. 1400 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.