United States 119th Congress ✓ Enacted · P.L. 119-99 2 R cosponsors

S 254 — ARTIST Act

Last action — Became Public Law No: 119-99.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 24, 2025. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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Prognosis

Likely to advance 74% · moderate confidence
  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

In plain language

The ARTIST Act prevents states from banning marine mammal products from Alaska Natives.

The ARTIST Act prohibits states from imposing restrictions on the commerce of marine mammal products made by Alaska Natives. This includes items like ivory, bone, and baleen that are created as authentic handicrafts and clothing.

Summary

Alaska’s Right to Ivory Sales and Tradition Act or the ARTIST ActThis act prohibits states from imposing bans on marine mammal products produced by Alaska Natives.Specifically, states may not prohibit the interstate commerce, importation, sale, transfer, trade, barter, or possession of marine mammal ivory, marine mammal bone, or baleen legally produced by an Alaska Native as an authentic Alaska Native article of handicrafts and clothing.

Bill Text

What Congress says this changes

S. Rept. 119-73

Published by the reporting committee Not generated — this is the committee's own “Changes in Existing Law Made by the Bill, as Reported”.

Text to be removed appears in [brackets]. Newly inserted text is italicised in the official report and cannot be marked in this plain-text rendition — read the official PDF ↗ for the authoritative formatting.

changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

 MARINE MAMMAL PROTECTION ACT OF 1972

 * * * * * * *

 [16 U.S.C. 1371(b)]

 Sec. 101. (a) Except as may be authorized by a permit 
issued pursuant to section 102 or section 103 of this title, 
and subject to regulations issued pursuant to section 108 of 
this title,
 (1) no person shall transport from the United 
 States, and
 (2) in the case of a vessel or aircraft registered 
 in the United States or flying the United States flag 
 or in the case of a United States department, agency, 
 or instrumentality, no person shall transport from any 
 location.
any material for the purpose of dumping it into ocean waters.
 [(b) Except as may be authorized by a permit issued 
pursuant to section 102 of this title, and subject to 
regulations issued pursuant to section 108 of this title, no 
person shall dump any material transported from a location 
outside the United States (1) into the territorial sea of the 
United States, or (2) into zone contiguous to the territorial 
sea of the United States, extending to a line twelve nautical 
miles seaward from the base line from which the breadth of the 
territorial sea is measured, to the extent that it may affect 
the territorial sea or the territory of the United States.]
 (b) Exemption for Alaskan Natives.--
 (1) Definitions.--In this subsection:
 (A) Authentic alaska native article of 
 handicrafts and clothing.--The term ``authentic 
 Alaska Native article of handicrafts and 
 clothing'' means an item composed wholly, or in 
 some significant respect, of natural materials 
 and that is produced, decorated, or fashioned 
 in the exercise of traditional Alaska Native 
 handicrafts by an Alaska Native who resides in 
 Alaska and who dwells on the coast of the North 
 Pacific Ocean or the Arctic Ocean without the 
 use of a pantograph, multiple carvers, or any 
 other mass copying device.
 (B) Marine mammal ivory.--The term ``marine 
 mammal ivory'' includes a tooth or tusk from a 
 walrus (Odobenus rosmarus) or a species of 
 cetacean.
 (C) Traditional alaska native 
 handicrafts.--The term `traditional Alaska 
 Native handicrafts' includes weaving, carving, 
 stitching, sewing, lacing, beading, drawing, 
 and painting.
 (2) Exemption.--
 (A) In general.--Except as provided in 
 section 109, the provisions of this Act shall 
 not apply with respect to the taking of any 
 marine mammal by any Alaska Native who resides 
 in Alaska and who dwells on the coast of the 
 North Pacific Ocean or the Arctic Ocean if such 
 taking--
 (i)(I) is for subsistence purposes; 
 or
 (II) is done for purposes of 
 creating and selling authentic Alaska 
 Native articles of handicrafts and 
 clothing; and
 (ii) in each case, is not 
 accomplished in a wasteful manner.
 (B) Special rules.--
 (i) Interstate commerce of items.--
 An item presented as an authentic 
 Alaska Native article of handicrafts 
 and clothing may be sold in interstate 
 commerce only if it comports with the 
 definition provided in paragraph 
 (1)(A).
 (ii) Edible portion of marine 
 mammal.--Any edible portion of a marine 
 mammal taken for the purpose of 
 creating and selling authentic Alaska 
 Native articles of handicrafts and 
 clothing may be sold for native 
 consumption or in a native village or 
 town in Alaska.
 (3) Limitations.--
 (A) In general.--Notwithstanding paragraph 
 (2), if, under this Act, the Secretary 
 determines any species or stock of marine 
 mammal subject to taking by Alaska Natives to 
 be depleted, the Secretary may prescribe 
 regulations upon the taking of such marine 
 mammals by any Alaska Native described in this 
 subsection.
 (B) Content of regulations.--The 
 regulations described in subparagraph (A) may 
 be established with reference to species or 
 stocks, geographical area, the season for 
 taking, or any other factors related to the 
 reason for establishing such regulations and 
 consistent with the purposes of this Act.
 (C) Notice and hearing; removal of 
 regulations.--The regulations described in 
 subparagraph (A) shall be prescribed after 
 notice and hearing required by section 103 of 
 this title and shall be removed as soon as the 
 Secretary determines that the need for their 
 imposition has disappeared.
 (D) Regulations to be supported by 
 substantial evidence.--In promulgating any 
 regulation or making any assessment pursuant to 
 a hearing or proceeding under this subsection 
 or section 117(b)(2), or in making any 
 determination of depletion under this 
 subsection or finding regarding unmitigable 
 adverse impacts under subsection (a)(5) that 
 affects stocks or persons to which this 
 subsection applies, the Secretary shall 
 demonstrate in writing (and make such writing 
 publicly available on the website of the 
 Secretary) that, in consideration of the whole 
 record, including Indigenous knowledge, such 
 regulation, assessment, determination, or 
 finding is supported by substantial evidence.
 (E) Applicability.--The requirement under 
 subparagraph (D) shall only be applicable in an 
 action brought by one or more Alaska Native 
 organizations representing persons to which 
 this subsection applies.
 (4) Prohibitions.--No State shall prohibit the 
 interstate commerce, importation, sale, offer for sale, 
 transfer, trade, barter, possession, or possession with 
 the intent to sell, transfer, trade, or barter of 
 marine mammal ivory or marine mammal bone or baleen 
 incorporated under this title by an Alaska Native, into 
 an authentic Alaska Native article of handicrafts and 
 clothing.
 (5) Rule of construction.--Nothing in this 
 subsection shall be construed to--
 (A) impact the rights of any Indian Tribe 
 (as defined in section 4 of the Indian Self-
 Determination and Education Assistance Act (25 
 U.S.C. 5304)) in effect on the date of 
 enactment of the Alaska's Right to Ivory Sales 
 and Tradition Act; or
 (B) undermine any government-to-government 
 consultation or engagement.

 * * * * * * *

Source: S. Rept. 119-73 · govinfo

How this bill changes current law

1 change Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill creates exemptions for Alaska Natives to take and sell marine mammal products for traditional handicrafts, affecting existing regulations on marine mammal protections.

  • 16 U.S.C. 1371(b)

    (b) Exemption for Alaskan Natives.-- (1) Definitions.--In this subsection: (A) Authentic alaska native article of handicrafts and clothing.--The term `authentic Alaska Native article of handicrafts and clothing' means an item composed wholly, or in some significant respect, of natural materials and that is produced, decorated, or fashioned in the exercise of traditional Alaska Native handicrafts by an Alaska Native who resides in Alaska and who dwells on the coast of the North Pacific Ocean or the Arctic Ocean without the use of a pantograph, multiple carvers, or any other mass copying device. (B) Marine mammal ivory.--The term `marine mammal ivory' includes a tooth or tusk from a walrus (Odobenus rosmarus) or a species of cetacean. (C) Traditional alaska native handicrafts.--The term `traditional Alaska Native handicrafts' includes weaving, carving, stitching, sewing, lacing, beading, drawing, and painting. (2) Exemption.-- (A) In general.--Except as provided in section 109, the provisions of this Act shall not apply with respect to the taking of any marine mammal by any Alaska Native who resides in Alaska and who dwells on the coast of the North Pacific Ocean or the Arctic Ocean if such taking-- (i)(I) is for subsistence purposes; or (II) is done for purposes of creating and selling authentic Alaska Native articles of handicrafts and clothing; and (ii) in each case, is not accomplished in a wasteful manner. (B) Special rules.-- (i) Interstate commerce of items.--An item presented as an authentic Alaska Native article of handicrafts and clothing may be sold in interstate commerce only if it comports with the definition provided in paragraph (1)(A). (ii) Edible portion of marine mammal.--Any edible portion of a marine mammal taken for the purpose of creating and selling authentic Alaska Native articles of handicrafts and clothing may be sold for native consumption or in a native village or town in Alaska. (3) Limitations.-- (A) In general.--Notwithstanding paragraph (2), if, under this Act, the Secretary determines any species or stock of marine mammal subject to taking by Alaska Natives to be depleted, the Secretary may prescribe regulations upon the taking of such marine mammals by any Alaska Native described in this subsection. (B) Content of regulations.--The regulations described in subparagraph (A) may be established with reference to species or stocks, geographical area, the season for taking, or any other factors related to the reason for establishing such regulations and consistent with the purposes of this Act. (C) Notice and hearing; removal of regulations.--The regulations described in subparagraph (A) shall be prescribed after notice and hearing required by section 103 of this title and shall be removed as soon as the Secretary determines that the need for their imposition has disappeared. (D) Regulations to be supported by substantial evidence.--In promulgating any regulation or making any assessment pursuant to a hearing or proceeding under this subsection or section 117(b)(2), or in making any determination of depletion under this subsection or finding regarding unmitigable adverse impacts under subsection (a)(5) that affects stocks or persons to which this subsection applies, the Secretary shall demonstrate in writing (and make such writing publicly available on the website of the Secretary) that, in consideration of the whole record, including Indigenous knowledge, such regulation, assessment, determination, or finding is supported by substantial evidence. (E) Applicability.--The requirement under subparagraph (D) shall only be applicable in an action brought by one or more Alaska Native organizations representing persons to which this subsection applies. (4) Prohibitions.--No State shall prohibit the interstate commerce, importation, sale, offer for sale, transfer, trade, barter, possession, or possession with the intent to sell, transfer, trade, or barter of marine mammal ivory or marine mammal bone or baleen incorporated under this title by an Alaska Native, into an authentic Alaska Native article of handicrafts and clothing. (5) Rule of construction.--Nothing in this subsection shall be construed to-- (A) impact the rights of any Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) in effect on the date of enactment of the Alaska's Right to Ivory Sales and Tradition Act; or (B) undermine any government-to-government consultation or engagement.

    This change exempts Alaska Natives from certain restrictions related to taking and selling marine mammal products for traditional crafts.

Action History

  1. Introduced in Senate

  2. Read twice and referred to the Committee on Commerce, Science, and Transportation.

  3. Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.

  4. Committee on Commerce, Science, and Transportation. Reported by Senator Cruz with an amendment in the nature of a substitute. With written report No. 119-73.

  5. Committee on Commerce, Science, and Transportation. Reported by Senator Cruz with an amendment in the nature of a substitute. With written report No. 119-73.

  6. Placed on Senate Legislative Calendar under General Orders. Calendar No. 178.

  7. Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.

  8. Passed Senate with an amendment by Unanimous Consent. (consideration: CR S7007-7009; text: CR S7008)

  9. Message on Senate action sent to the House.

  10. Received in the House.

  11. Held at the desk.

  12. Mr. Westerman moved to suspend the rules and pass the bill.

  13. Considered under suspension of the rules. (consideration: CR H3765-3766; text: CR H3765)

  14. DEBATE - The House proceeded with forty minutes of debate on S. 254.

  15. At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

  16. Considered as unfinished business. (consideration: CR H3794)

  17. Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 404 - 14 (Roll no. 193).

  18. On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 404 - 14 (Roll no. 193).

  19. Motion to reconsider laid on the table Agreed to without objection.

  20. Presented to President.

  21. Presented to President.

  22. Signed by President.

  23. Signed by President.

  24. Became Public Law No: 119-99.

  25. Became Public Law No: 119-99.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 545 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (545)

545 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

What does S 254 do?
Alaska’s Right to Ivory Sales and Tradition Act or the ARTIST ActThis act prohibits states from imposing bans on marine mammal products produced by Alaska Natives.Specifically, states may not prohibit the interstate commerce, importation, sale, transfer, trade, barter, or possession of marine mammal ivory, marine mammal bone, or baleen legally produced by an Alaska Native as an authentic Alaska Native article of handicrafts and clothing.
Who sponsors S 254?
S 254 is sponsored by Murkowski, Lisa (Republican) and Sullivan, Dan (Republican).
What is the current status of S 254?
This bill has been enacted into law. Introduced January 24, 2025. Enacted.
Where can I track S 254?
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