I 

116TH CONGRESS 

1ST SESSION H. R. 3846 

To enhance protections of Native American tangible cultural heritage, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 18, 2019 

Mr. LUJA ́N (for himself, Mr. YOUNG, Mr. COLE, Ms. HAALAND, Ms. TORRES

SMALL of New Mexico, Mr. O’HALLERAN, Mrs. RADEWAGEN, Mr. COOK, 

Ms. MCCOLLUM, Mr. CASE, and Mr. LAMALFA) introduced the following 

bill; which was referred to the Committee on Natural Resources, and in 

addition to the Committees on the Judiciary, and Foreign Affairs, for a 

period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To enhance protections of Native American tangible cultural 

heritage, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safeguard Tribal Ob5 jects of Patrimony Act of 2019’’. 

6 SEC. 2. PURPOSE. 

7 It is the purpose of this Act— 


pamtmann on DSKBFK8HB2PROD with BILLS
2 

•HR 3846 IH

1 (1) to carry out the United States trust respon2 sibility to Indian Tribes; 

3 (2) to increase the maximum penalty for actions 

4 taken in violation of the Native American Graves 

5 Protection and Repatriation Act (25 U.S.C. 3001 et 

6 seq.) (including section 1170 of title 18, United 

7 States Code, as added by the Native American 

8 Graves Protection and Repatriation Act), in order to 

9 strengthen deterrence; 

10 (3) to make internationally applicable the Na11 tive American Graves Protection and Repatriation 

12 Act (25 U.S.C. 3001 et seq.) (including section 1170 

13 of title 18, United States Code, as added by the Na14 tive American Graves Protection and Repatriation 

15 Act), the Archaeological Resources Protection Act of 

16 1979 (16 U.S.C. 470aa et seq.), and the Antiquities 

17 Act under section 1866(b) of title 18, United States 

18 Code, to facilitate the international repatriation of 

19 Native American cultural items, Native American 

20 archaeological resources, and Native American ob21 jects of antiquity; 

22 (4) to access other countries’ domestic laws and 

23 law enforcement mechanisms to facilitate inter24 national repatriation by explicitly prohibiting the ex25 portation of Native American cultural items obtained 


pamtmann on DSKBFK8HB2PROD with BILLS
3 

•HR 3846 IH

1 in violation of the Native American Graves Protec2 tion and Repatriation Act (25 U.S.C. 3001 et seq.) 

3 (including section 1170 of title 18, United States 

4 Code, as added by the Native American Graves Pro5 tection and Repatriation Act), Native American ar6 chaeological resources obtained in violation of the 

7 Archaeological Resources Protection Act of 1979 (16 

8 U.S.C. 470aa et seq.), and Native American objects 

9 of antiquity obtained in violation of the Antiquities 

10 Act under section 1866(b) of title 18, United States 

11 Code, and by creating an export certification system; 

12 (5) to confirm the authority of the President to 

13 request from foreign nations agreements or provi14 sional measures under the Convention on the Means 

15 of Prohibiting and Preventing the Illicit Import, Ex16 port, and Transfer of Ownership of Cultural Prop17 erty (823 U.N.T.S. 231 (1972)), to facilitate the re18 turn of Native American cultural items obtained in 

19 violation of the Native American Graves Protection 

20 and Repatriation Act (25 U.S.C. 3001 et seq.) (in21 cluding section 1170 of title 18, United States Code, 

22 as added by the Native American Graves Protection 

23 and Repatriation Act), Native American archae24 ological resources obtained in violation of the Ar25 chaeological Resources Protection Act of 1979 (16 


pamtmann on DSKBFK8HB2PROD with BILLS
4 

•HR 3846 IH

1 U.S.C. 470aa et seq.), and Native American objects 

2 of antiquity obtained in violation of the Antiquities 

3 Act under section 1866(b) of title 18, United States 

4 Code; 

5 (6) to establish a Federal framework in order 

6 to support individuals’ and organizations’ voluntary 

7 return of items of tangible cultural heritage, which 

8 need not be obtained in violation of the Native 

9 American Graves Protection and Repatriation Act 

10 (25 U.S.C. 3001 et seq.) (including section 1170 of 

11 title 18, United States Code, as added by the Native 

12 American Graves Protection and Repatriation Act), 

13 the Archaeological Resources Protection Act of 1979 

14 (16 U.S.C. 470aa et seq.), or the Antiquities Act 

15 under section 1866(b) of title 18, United States 

16 Code; 

17 (7) to establish an interagency working group 

18 to ensure communication between all Federal agen19 cies to successfully implement the Native American 

20 Graves Protection and Repatriation Act (25 U.S.C. 

21 3001 et seq.) (including section 1170 of title 18, 

22 United States Code, as added by the Native Amer23 ican Graves Protection and Repatriation Act), the 

24 Archaeological Resources Protection Act of 1979 (16 


pamtmann on DSKBFK8HB2PROD with BILLS
5 

•HR 3846 IH

1 U.S.C. 470aa et seq.), and the Antiquities Act under 

2 section 1866(b) of title 18, United States Code; 

3 (8) to establish a Tribal working group to pro4 vide recommendations regarding implementation of 

5 the Native American Graves Protection and Repatri6 ation Act (25 U.S.C. 3001 et seq.) (including section 

7 1170 of title 18, United States Code, as added by 

8 the Native American Graves Protection and Repatri9 ation Act), the Archaeological Resources Protection 

10 Act of 1979 (16 U.S.C. 470aa et seq.), and the An11 tiquities Act under section 1866(b) of title 18, 

12 United States Code; and 

13 (9) to create a Freedom of Information Act ex14 emption for information submitted by Indian Tribes 

15 pursuant to this Act. 

16 SEC. 3. DEFINITIONS. 

17 In this Act, the following definitions apply: 

18 (1) CULTURAL AFFILIATION.—The term ‘‘cul19 tural affiliation’’ has the meaning given the term in 

20 section 2 of the Native American Graves Protection 

21 and Repatriation Act (25 U.S.C. 3001). 

22 (2) INDIAN TRIBE.—The term ‘‘Indian 

23 Tribe’’— 

24 (A) has the meaning given the term ‘‘In25 dian tribe’’ in section 2 of the Native American 


pamtmann on DSKBFK8HB2PROD with BILLS
6 

•HR 3846 IH

1 Graves Protection and Repatriation Act (25 

2 U.S.C. 3001); and 

3 (B) includes ‘‘Native Hawaiian organiza4 tion’’ as that term is defined in section 2 of the 

5 Native American Graves Protection and Repa6 triation Act (25 U.S.C. 3001). 

7 (3) ITEM REQUIRING EXPORT CERTIFI8 CATION.—The term ‘‘Item Requiring Export Certifi9 cation’’ means— 

10 (A) a Native American ‘‘cultural item’’ as 

11 defined in section 2 of the Native American 

12 Graves Protection and Repatriation Act (25 

13 U.S.C. 3001); 

14 (B) a Native American ‘‘archaeological re15 source’’ as defined in section 3 of the Archae16 ological Resources Protection Act of 1979 (16 

17 U.S.C. 470bb); or 

18 (C) a Native American ‘‘object of antiq19 uity’’ within the meaning of section 1866(b) of 

20 title 18, United States Code. 

21 (4) ITEM PROHIBITED FROM EXPORTATION.— 

22 The term ‘‘Item Prohibited from Exportation’’ 

23 means— 

24 (A) a Native American ‘‘cultural item’’ as 

25 defined in section 2 of the Native American 


pamtmann on DSKBFK8HB2PROD with BILLS
7 

•HR 3846 IH

1 Graves Protection and Repatriation Act (25 

2 U.S.C. 3001) and obtained in violation of the 

3 Native American Graves Protection and Repa4 triation Act (25 U.S.C. 3001 et seq.) (including 

5 section 1170 of title 18, United States Code, as 

6 added by the Native American Graves Protec7 tion and Repatriation Act); 

8 (B) a Native American ‘‘archaeological re9 source’’ as defined in section 3 of the Archae10 ological Resources Protection Act of 1979 (16 

11 U.S.C. 470bb) and obtained in violation of the 

12 Archaeological Resources Protection Act of 

13 1979 (16 U.S.C. 470aa et seq.); 

14 (C) a Native American ‘‘object of antiq15 uity’’ within the meaning of and obtained in 

16 violation of the Antiquities Act under section 

17 1866(b) of title 18, United States Code; or 

18 (D) a Native American ‘‘cultural item’’ as 

19 defined in section 2 of the Native American 

20 Graves Protection and Repatriation Act (25 

21 U.S.C. 3001), Native American ‘‘archaeological 

22 resource’’ as defined in section 3 of the Archae23 ological Resources Protection Act of 1979 (16 

24 U.S.C. 470bb), or Native American ‘‘object of 

25 antiquity’’ within the meaning of the AntiqVerDate Sep 11 2014 22:43 Jul 22, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3846.IH H3846

pamtmann on DSKBFK8HB2PROD with BILLS
8 

•HR 3846 IH

1 uities Act under section 1866(b) of title 18, 

2 United States Code, that is under active Fed3 eral investigation. 

4 (5) NATIVE AMERICAN.—The term ‘‘Native 

5 American’’— 

6 (A) has the meaning given the term in sec7 tion 2 of the Native American Graves Protec8 tion and Repatriation Act (25 U.S.C. 3001); 

9 and 

10 (B) includes ‘‘Native Hawaiian’’ as that 

11 term is defined in section 2 of the Native Amer12 ican Graves Protection and Repatriation Act 

13 (25 U.S.C. 3001). 

14 (6) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of the Interior. 

16 (7) TANGIBLE CULTURAL HERITAGE.—The 

17 term ‘‘tangible cultural heritage’’ means— 

18 (A) Native American human remains; or 

19 (B) culturally, historically, or 

20 archaeologically significant objects, resources, 

21 patrimony, or other items that are affiliated 

22 with a Native American culture. 


pamtmann on DSKBFK8HB2PROD with BILLS
9 

•HR 3846 IH

1 SEC. 4. ENHANCED NAGPRA PENALTIES. 

2 Section 1170 of title 18, United States Code, is 

3 amended by striking ‘‘5 years’’ each place it appears and 

4 inserting ‘‘10 years’’. 

5 SEC. 5. EXPORT PROHIBITION AND CERTIFICATION SYS6 TEM AND INTERNATIONAL AGREEMENTS. 

7 (a) EXPORT PROHIBITIONS.— 

8 (1) IN GENERAL.—It shall be unlawful for any 

9 person to export or otherwise transport from the 

10 United States any Item Prohibited from Expor11 tation. 

12 (2) PENALTIES.—Any person who violates 

13 paragraph (1) shall be fined in accordance with sec14 tion 3571 of title 18, United States Code, and shall 

15 be imprisoned for not more than 1 year for a first 

16 violation and not more than 10 years for a second 

17 or subsequent violation. 

18 (b) EXPORT CERTIFICATION SYSTEM.— 

19 (1) EXPORT CERTIFICATION REQUIREMENT.— 

20 (A) IN GENERAL.—No Item Requiring Ex21 port Certification may be exported from the 

22 United States without first having obtained an 

23 export certification in accordance with this sub24 section. 


pamtmann on DSKBFK8HB2PROD with BILLS
10 

•HR 3846 IH

1 (B) PUBLICATION.—The Secretary shall, 

2 in consultation with Indian Tribes, publish in 

3 the Federal Register a notice that includes— 

4 (i) a description of characteristics typ5 ical of Items Requiring Export Certifi6 cation, which shall be sufficiently specific 

7 and precise to ensure an export certifi8 cation is required only of such Items Re9 quiring Export Certification and that fair 

10 notice is given to exporters and other per11 sons as to which items require an export 

12 certification under this paragraph; and 

13 (ii) a description of characteristics 

14 typical of items that do not qualify as 

15 Items Requiring Export Certification and 

16 therefore do not require an export certifi17 cation under this paragraph, which shall— 

18 (I) clarify that objects made for 

19 commercial purposes generally do not 

20 qualify as an Item Requiring Export 

21 Certification; and 

22 (II) clarify that in some cir23 cumstances receipts or certifications 

24 issued by Indian Tribes may be used 

25 as evidence to demonstrate a parVerDate Sep 11 2014 22:43 Jul 22, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3846.IH H3846

pamtmann on DSKBFK8HB2PROD with BILLS
11 

•HR 3846 IH

1 ticular item does not qualify as an 

2 Item Requiring Export Certification. 

3 (2) ELIGIBILITY FOR EXPORT CERTIFI4 CATION.—An Item Requiring Export Certification is 

5 not an Item Prohibited from Exportation and is 

6 therefore eligible for an export certification if it is 

7 not under ongoing Federal investigation and it— 

8 (A) was not obtained within the time and 

9 location provenance parameters of the Native 

10 American Graves Protection and Repatriation 

11 Act (25 U.S.C. 3001 et seq.) (including section 

12 1170 of title 18, United States Code, as added 

13 by the Native American Graves Protection and 

14 Repatriation Act), the Archaeological Resources 

15 Protection Act of 1979 (16 U.S.C. 470aa et 

16 seq.), or the Antiquities Act under section 

17 1866(b) of title 18, United States Code, and 

18 the export of the Item Requiring Export Cer19 tification would not otherwise violate any other 

20 provision of law; 

21 (B) was excavated or removed pursuant to 

22 a permit issued under section 4 of the Archae23 ological Resources Protection Act of 1979 (16 

24 U.S.C. 470cc) or section 320302 of title 54, 

25 United States Code, or in compliance with secVerDate Sep 11 2014 22:43 Jul 22, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3846.IH H3846

pamtmann on DSKBFK8HB2PROD with BILLS
12 

•HR 3846 IH

1 tion 3(c) of the Native American Graves Pro2 tection and Repatriation Act (25 U.S.C. 

3 3002(c)), if the permit for excavation or re4 moval authorizes export, and the export of the 

5 Item Requiring Export Certification would not 

6 otherwise violate any other provision of law; or 

7 (C) is accompanied by written confirmation 

8 from an Indian Tribe that the exporter has a 

9 right of possession, as defined in section 2 of 

10 the Native American Graves Protection and Re11 patriation Act (25 U.S.C. 3001), or that the In12 dian Tribe has relinquished title or control, as 

13 provided for in section 3 of the Native Amer14 ican Graves Protection and Repatriation Act 

15 (25 U.S.C. 3002), of the Item Requiring Ex16 port Certification, and the export of the Item 

17 Requiring Export Certification would not other18 wise violate any other provision of law. 

19 (3) EXPORT CERTIFICATION APPLICATION AND

20 ISSUANCE PROCEDURES.— 

21 (A) APPLYING FOR EXPORT CERTIFI22 CATION.— 

23 (i) ATTESTATION.— 

24 (I) IN GENERAL.—With respect 

25 to each Item Requiring Export CerVerDate Sep 11 2014 22:43 Jul 22, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3846.IH H3846

pamtmann on DSKBFK8HB2PROD with BILLS
13 

•HR 3846 IH

1 tification to be exported from the 

2 United States, the exporter shall 

3 make an attestation (on an attestation 

4 form described in subclause (III)) 

5 that, to the best of the exporter’s 

6 knowledge and belief, the exporter is 

7 not exporting an Item Prohibited from 

8 Exportation. 

9 (II) CONSEQUENCES OF FALSE

10 STATEMENT.—Any willful or knowing 

11 false statement made on an attesta12 tion form under subclause (I) shall— 

13 (aa) subject the exporter to 

14 criminal penalties pursuant to 

15 section 1001 of title 18, United 

16 States Code; and 

17 (bb) prohibit the exporter 

18 from receiving an export certifi19 cation for any Item Requiring 

20 Export Certification through at21 testation alone in the future. 

22 (III) ATTESTATION FORM.—An 

23 attestation form shall describe and 

24 provide pictures of each Item Requir25 ing Export Certification. The SecVerDate Sep 11 2014 22:43 Jul 22, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H3846.IH H3846

pamtmann on DSKBFK8HB2PROD with BILLS
14 

•HR 3846 IH

1 retary shall consult with Indian 

2 Tribes in designing the attestation 

3 form. 

4 (ii) ADDITIONAL EVIDENCE.—If attes5 tation alone is no longer permitted or an 

6 export certification is delayed or denied, 

7 notice shall be given to the exporter, who 

8 may provide the Secretary with evidence to 

9 establish that the Item Requiring Export 

10 Certification is not an Item Prohibited 

11 from Exportation. 

12 (B) AVAILABILITY OF APPLICATIONS.— 

13 The Secretary shall make each export certifi14 cation application available to Indian Tribes via 

15 a secure website immediately after each export 

16 certification application has been submitted. 

17 (C) ISSUANCE OF EXPORT CERTIFI18 CATION.—The Secretary, in consultation with 

19 Indian Tribes, may issue an export certification 

20 for an Item Requiring Export Certification that 

21 is not an Item Prohibited from Exportation and 

22 is therefore eligible for export. 

23 (D) REVOCATION OF EXPORT CERTIFI24 CATION.—If credible evidence is provided that 

25 indicates an item that received an export certifiVerDate Sep 11 2014 22:43 Jul 22, 2019 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H3846.IH H3846

pamtmann on DSKBFK8HB2PROD with BILLS
15 

•HR 3846 IH

1 cation qualifies as an Item Prohibited from Ex2 portation, the Secretary may immediately re3 voke the export certification. In making a deter4 mination about whether revocation is war5 ranted, Indian Tribes shall be consulted. 

6 (4) SEIZURE, FORFEITURE, AND RETURN.— 

7 (A) SEIZURE.—Any Item Requiring Ex8 port Certification that an exporter attempts to 

9 export without an export certification shall be 

10 subject to seizure by the U.S. Customs and 

11 Border Protection. 

12 (B) FORFEITURE.—An item found to qual13 ify as an Item Prohibited from Exportation 

14 shall be forfeited, consistent with chapter 46 of 

15 title 18, United States Code, to the Federal 

16 Government and repatriated to the Indian 

17 Tribe pursuant to the process provided for 

18 under the law under which it is found to be ob19 tained in violation. 

20 (C) RETURN TO EXPORTER.—An Item Re21 quiring Export Certification that is seized 

22 under subparagraph (A) for which credible evi23 dence does not establish within 60 days that it 

24 is an Item Prohibited from Exportation shall be 


pamtmann on DSKBFK8HB2PROD with BILLS
16 

•HR 3846 IH

1 returned to the exporter but shall not receive an 

2 export certification at that time. 

3 (5) ADMINISTRATIVE APPEAL.—If the Secretary 

4 denies an export certification or seizes an Item Re5 quiring Export Certification under this subsection, 

6 the exporter shall upon request be given a hearing 

7 on the record under such rules and regulations as 

8 the Secretary may promulgate. 

9 (6) FEES.—Reasonable fees may be collected 

10 for the processing of export certification applications 

11 under this subsection. 

12 (7) TRAINING.—The Secretary of Homeland 

13 Security, acting through the Commissioner of U.S. 

14 Customs and Border Protection, shall require all ap15 propriate personnel of U.S. Customs and Border 

16 Protection to participate in training to identify 

17 Items Requiring Export Certification for purposes of 

18 this Act and the amendment made by this Act. In19 dian Tribes shall be consulted in developing and de20 livering such trainings. 

21 (8) VOLUNTARY RETURN.—Whoever seeks to 

22 export an Item Requiring Export Certification with23 out a required export certification but voluntarily re24 turns it to the Indian Tribe with a likely cultural af25 filiation prior to active Federal investigation shall 


pamtmann on DSKBFK8HB2PROD with BILLS
17 

•HR 3846 IH

1 not be prosecuted for such violation with respect to 

2 the Item Requiring Export Certification. The export3 er’s application to obtain an export certification does 

4 not qualify as triggering an active Federal investiga5 tion. 

6 (c) AGREEMENTS TO REQUEST RETURN FROM FOR7 EIGN COUNTRIES.—The President is authorized to re8 quest from a State Party agreements or provisional meas9 ures pursuant to the Convention on the Means of Prohib10 iting and Preventing the Illicit Import, Export, and Trans11 fer of Ownership of Cultural Property (823 U.N.T.S. 231 

12 (1972)), subject to the limitations of Articles 6 and 9, 

13 under which the President may request the return from 

14 the State Party of Items Prohibited from Exportation. 

15 (d) RULES AND REGULATIONS.—All rules and regu16 lations necessary and appropriate to carry out the provi17 sions of this section shall be prescribed by the Secretary 

18 and shall be made in consultation with Indian Tribes. 

19 SEC. 6. VOLUNTARY RETURN OF TANGIBLE CULTURAL 

20 HERITAGE. 

21 (a) LIAISON.—The Secretary and the Secretary of 

22 State shall each designate a liaison to facilitate the vol23 untary return of tangible cultural heritage. 

24 (b) TRAININGS AND WORKSHOPS.—The individuals 

25 listed in subsection (a) shall hold trainings and workshops 


pamtmann on DSKBFK8HB2PROD with BILLS
18 

•HR 3846 IH

1 for representatives of Indian Tribes and collectors, deal2 ers, and other individuals and organizations regarding the 

3 voluntary return of tangible cultural heritage. 

4 (c) REFERRALS.— 

5 (1) IN GENERAL.—The Secretary shall refer in6 dividuals and organizations to one or more Indian 

7 Tribes with a likely cultural affiliation to tangible 

8 cultural heritage for the purpose of facilitating the 

9 voluntary return of tangible cultural heritage. 

10 (2) REFERRAL REPRESENTATIVES.—The Sec11 retary shall compile a list of representatives from 

12 each Indian Tribe for purposes of referral under 

13 paragraph (1). 

14 (3) CONSULTATION.—The Secretary shall con15 sult with Indian Tribes before making a referral 

16 under paragraph (1). 

17 (4) THIRD-PARTY EXPERTS.—The Secretary 

18 may utilize third parties with relevant expertise, in19 cluding universities, museums, dealers, collector or20 ganizations, and others, in making determinations 

21 regarding to which Indian Tribe an individual or or22 ganization should be referred under paragraph (1). 

23 (d) LEGAL LIABILITY.—This section shall not impose 

24 additional penalties or legal liability. 


pamtmann on DSKBFK8HB2PROD with BILLS
19 

•HR 3846 IH

1 (e) TAX DOCUMENTATION.—The Secretary’s vol2 untary return facilitation shall include provision of tax 

3 documentation for a deductible gift to an Indian Tribe. 

4 (f) REPATRIATION UNDER NATIVE AMERICAN

5 GRAVES PROTECTION AND REPATRIATION ACT.—The vol6 untary return provisions of this section shall apply to a 

7 specific item of tangible cultural heritage only to the ex8 tent that the repatriation provisions under section 7 of the 

9 Native American Graves Protection and Repatriation Act 

10 (25 U.S.C. 3005) do not apply to such item of tangible 

11 cultural heritage. 

12 SEC. 7. INTERAGENCY WORKING GROUP. 

13 (a) IN GENERAL.—The Secretary shall convene an 

14 interagency working group consisting of representatives 

15 from the Departments of the Interior, Justice, State, and 

16 Homeland Security. 

17 (b) GOALS.—The goals of the working group are— 

18 (1) to facilitate repatriation to Indian Tribes of 

19 items that have been illegally removed or trafficked 

20 in violation of law; 

21 (2) to protect such items still in Indian Tribes’ 

22 possession; and 

23 (3) to improve Federal agencies’ implementa24 tion of the Native American Graves Protection and 

25 Repatriation Act (25 U.S.C. 3001 et seq.) (including 


pamtmann on DSKBFK8HB2PROD with BILLS
20 

•HR 3846 IH

1 section 1170 of title 18, United States Code, as 

2 added by the Native American Graves Protection 

3 and Repatriation Act), the Archaeological Resources 

4 Protection Act of 1979 (16 U.S.C. 470aa et seq.), 

5 the Antiquities Act under section 1866(b) of title 18, 

6 United States Code, and other relevant laws. 

7 (c) RESPONSIBILITIES.—The interagency working 

8 group shall aid in implementation of other provisions of 

9 this Act or the amendments made by this Act, including 

10 regarding voluntary return and halting international sales, 

11 and shall collaborate with the Tribal working group cre12 ated pursuant to this Act. 

13 SEC. 8. TRIBAL WORKING GROUP. 

14 (a) IN GENERAL.—The Secretary shall convene a 

15 Tribal working group consisting of representatives of In16 dian Tribes to advise the Federal Government. 

17 (b) RECOMMENDATIONS.—The Tribal working group 

18 convened under subsection (a) may provide recommenda19 tions regarding— 

20 (1) the voluntary return of tangible cultural 

21 heritage by collectors, dealers, and other individuals 

22 and non-Federal organizations that hold such tan23 gible cultural heritage; and 

24 (2) the elimination of illegal commerce in the 

25 United States and foreign markets. 


pamtmann on DSKBFK8HB2PROD with BILLS
21 

•HR 3846 IH

1 (c) REQUESTS.—The Tribal working group convened 

2 under subsection (a) may make formal requests to initiate 

3 certain agency actions, including— 

4 (1) requesting the Department of Justice ini5 tiate judicial proceedings domestically or abroad to 

6 aid in repatriation; and 

7 (2) requesting the Department of State initiate 

8 dialogue through diplomatic channels to aid in repa9 triation. 

10 (d) AGENCY AND COMMITTEE ASSISTANCE.— 

11 (1) IN GENERAL.—The agencies and commit12 tees described in paragraph (2) shall provide infor13 mation and assistance to the Tribal working group 

14 convened under subsection (a) upon request by the 

15 Tribal working group. 

16 (2) AGENCIES AND COMMITTEES.—The agen17 cies and committees described in this paragraph are 

18 the following: 

19 (A) The Department of the Interior. 

20 (B) The Department of Justice. 

21 (C) The Department of Homeland Secu22 rity. 

23 (D) The Department of State. 

24 (E) The Native American Graves Protec25 tion and Repatriation Review Committee estabVerDate Sep 11 2014 22:43 Jul 22, 2019 Jkt 089200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H3846.IH H3846

pamtmann on DSKBFK8HB2PROD with BILLS
22 

•HR 3846 IH

1 lished under section 8 of the Native American 

2 Graves Protection and Repatriation Act (25 

3 U.S.C. 3006). 

4 (F) Any other relevant Federal agency. 

5 SEC. 9. FREEDOM OF INFORMATION ACT EXEMPTIONS. 

6 (a) IN GENERAL.—Except as provided in subsection 

7 (b), information that a representative of an Indian Tribe 

8 submits to any Federal agency pursuant to this Act, or 

9 any amendment made by this Act, shall qualify for exemp10 tion from disclosure under the Freedom of Information 

11 Act pursuant to section 552(b)(3) of title 5, United States 

12 Code. 

13 (b) EXCEPTION.—An Indian Tribe may request and 

14 shall receive its own information, as described in sub15 section (a), from the Federal agency to which it submitted 

16 its information. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS