II 

Calendar No. 608 

116TH CONGRESS 

2D SESSION S. 2165 

[Report No. 116–308] 

To enhance protections of Native American tangible cultural heritage, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 18, 2019 

Mr. HEINRICH (for himself, Ms. MURKOWSKI, Ms. BALDWIN, Mr. DAINES, 

Mr. SCHATZ, Ms. MCSALLY, Mr. UDALL, Mr. LANKFORD, Ms. SINEMA, 

Mr. SULLIVAN, Ms. CORTEZ MASTO, Mr. CRAPO, and Ms. ROSEN) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs 

DECEMBER 9, 2020 

Reported by Mr. HOEVEN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Safeguard Tribal Ob3 jects of Patrimony Act of 2019’’. 

4 SEC. 2. PURPOSE. 

5 It is the purpose of this Act— 

6 (1) to carry out the United States trust respon7 sibility to Indian Tribes; 

8 (2) to increase the maximum penalty for actions 

9 taken in violation of the Native American Graves 

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

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

12 States Code, as added by the Native American 

13 Graves Protection and Repatriation Act), in order to 

14 strengthen deterrence; 

15 (3) to make internationally applicable the Na16 tive American Graves Protection and Repatriation 

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

18 of title 18, United States Code, as added by the Na19 tive American Graves Protection and Repatriation 

20 Act), the Archaeological Resources Protection Act of 

21 1979 (16 U.S.C. 470aa et seq.), and the Antiquities 

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

23 Code, to facilitate the international repatriation of 

24 Native American cultural items, Native American 

25 archaeological resources, and Native American ob26 jects of antiquity; 


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

2 law enforcement mechanisms to facilitate inter3 national repatriation by explicitly prohibiting the ex4 portation of Native American cultural items obtained 

5 in violation of the Native American Graves Protec6 tion and Repatriation Act (25 U.S.C. 3001 et seq.) 

7 (including section 1170 of title 18, United States 

8 Code, as added by the Native American Graves Pro9 tection and Repatriation Act), Native American ar10 chaeological resources obtained in violation of the 

11 Archaeological Resources Protection Act of 1979 (16 

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

13 of antiquity obtained in violation of the Antiquities 

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

15 Code, and by creating an export certification system; 

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

17 request from foreign nations agreements or provi18 sional measures under the Convention on the Means 

19 of Prohibiting and Preventing the Illicit Import, Ex20 port, and Transfer of Ownership of Cultural Prop21 erty (823 U.N.T.S. 231 (1972)), to facilitate the re22 turn of Native American cultural items obtained in 

23 violation of the Native American Graves Protection 

24 and Repatriation Act (25 U.S.C. 3001 et seq.) (in25 cluding section 1170 of title 18, United States Code, 


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1 as added by the Native American Graves Protection 

2 and Repatriation Act), Native American archae3 ological resources obtained in violation of the Ar4 chaeological Resources Protection Act of 1979 (16 

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

6 of antiquity obtained in violation of the Antiquities 

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

8 Code; 

9 (6) to establish a Federal framework in order 

10 to support individuals’ and organizations’ voluntary 

11 return of items of tangible cultural heritage, which 

12 need not be obtained in violation of the Native 

13 American Graves Protection and Repatriation Act 

14 (25 U.S.C. 3001 et seq.) (including section 1170 of 

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

16 American Graves Protection and Repatriation Act), 

17 the Archaeological Resources Protection Act of 1979 

18 (16 U.S.C. 470aa et seq.), or the Antiquities Act 

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

20 Code; 

21 (7) to establish an interagency working group 

22 to ensure communication between all Federal agen23 cies to successfully implement the Native American 

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

25 3001 et seq.) (including section 1170 of title 18, 


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1 United States Code, as added by the Native Amer2 ican Graves Protection and Repatriation Act), the 

3 Archaeological Resources Protection Act of 1979 (16 

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

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

6 (8) to establish a Tribal working group to pro7 vide recommendations regarding implementation of 

8 the Native American Graves Protection and Repatri9 ation Act (25 U.S.C. 3001 et seq.) (including section 

10 1170 of title 18, United States Code, as added by 

11 the Native American Graves Protection and Repatri12 ation Act), the Archaeological Resources Protection 

13 Act of 1979 (16 U.S.C. 470aa et seq.), and the An14 tiquities Act under section 1866(b) of title 18, 

15 United States Code; and 

16 (9) to create a Freedom of Information Act ex17 emption for information submitted by Indian Tribes 

18 pursuant to this Act. 

19 SEC. 3. DEFINITIONS. 

20 In this Act, the following definitions apply: 

21 (1) CULTURAL AFFILIATION.—The term ‘‘cul22 tural affiliation’’ has the meaning given the term in 

23 section 2 of the Native American Graves Protection 

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


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

2 Tribe’’— 

3 (A) has the meaning given the term ‘‘In4 dian tribe’’ in section 2 of the Native American 

5 Graves Protection and Repatriation Act (25 

6 U.S.C. 3001); and 

7 (B) includes ‘‘Native Hawaiian organiza8 tion’’ as that term is defined in section 2 of the 

9 Native American Graves Protection and Repa10 triation Act (25 U.S.C. 3001). 

11 (3) ITEM REQUIRING EXPORT CERTIFI12 CATION.—The term ‘‘Item Requiring Export Certifi13 cation’’ means— 

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

15 defined in section 2 of the Native American 

16 Graves Protection and Repatriation Act (25 

17 U.S.C. 3001); 

18 (B) a Native American ‘‘archaeological re19 source’’ as defined in section 3 of the Archae20 ological Resources Protection Act of 1979 (16 

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

22 (C) a Native American ‘‘object of antiq23 uity’’ within the meaning of section 1866(b) of 

24 title 18, United States Code. 


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1 (4) ITEM PROHIBITED FROM EXPORTATION.— 

2 The term ‘‘Item Prohibited from Exportation’’ 

3 means— 

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

5 defined in section 2 of the Native American 

6 Graves Protection and Repatriation Act (25 

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

8 Native American Graves Protection and Repa9 triation Act (25 U.S.C. 3001 et seq.) (including 

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

11 added by the Native American Graves Protec12 tion and Repatriation Act); 

13 (B) a Native American ‘‘archaeological re14 source’’ as defined in section 3 of the Archae15 ological Resources Protection Act of 1979 (16 

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

17 Archaeological Resources Protection Act of 

18 1979 (16 U.S.C. 470aa et seq.); 

19 (C) a Native American ‘‘object of antiq20 uity’’ within the meaning of and obtained in 

21 violation of the Antiquities Act under section 

22 1866(b) of title 18, United States Code; or 

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

24 defined in section 2 of the Native American 

25 Graves Protection and Repatriation Act (25 


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

2 resource’’ as defined in section 3 of the Archae3 ological Resources Protection Act of 1979 (16 

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

5 antiquity’’ within the meaning of the Antiq6 uities Act under section 1866(b) of title 18, 

7 United States Code, that is under active Fed8 eral investigation. 

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

10 American’’— 

11 (A) has the meaning given the term in sec12 tion 2 of the Native American Graves Protec13 tion and Repatriation Act (25 U.S.C. 3001); 

14 and 

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

16 term is defined in section 2 of the Native Amer17 ican Graves Protection and Repatriation Act 

18 (25 U.S.C. 3001). 

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

20 the Secretary of the Interior. 

21 (7) TANGIBLE CULTURAL HERITAGE.—The 

22 term ‘‘tangible cultural heritage’’ means— 

23 (A) Native American human remains; or 

24 (B) culturally, historically, or 

25 archaeologically significant objects, resources, 


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1 patrimony, or other items that are affiliated 

2 with a Native American culture. 

3 SEC. 4. ENHANCED NAGPRA PENALTIES. 

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

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

6 inserting ‘‘10 years’’. 

7 SEC. 5. EXPORT PROHIBITION AND CERTIFICATION SYS8 TEM AND INTERNATIONAL AGREEMENTS. 

9 (a) EXPORT PROHIBITIONS.— 

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

11 person to export or otherwise transport from the 

12 United States any Item Prohibited from Expor13 tation. 

14 (2) PENALTIES.—Any person who violates 

15 paragraph (1) shall be fined in accordance with sec16 tion 3571 of title 18, United States Code, and shall 

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

18 violation and not more than 10 years for a second 

19 or subsequent violation. 

20 (b) EXPORT CERTIFICATION SYSTEM.— 

21 (1) EXPORT CERTIFICATION REQUIREMENT.— 

22 (A) IN GENERAL.—No Item Requiring Ex23 port Certification may be exported from the 

24 United States without first having obtained an 


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1 export certification in accordance with this sub2 section. 

3 (B) PUBLICATION.—The Secretary shall, 

4 in consultation with Indian Tribes, publish in 

5 the Federal Register a notice that includes— 

6 (i) a description of characteristics typ7 ical of Items Requiring Export Certifi8 cation, which shall be sufficiently specific 

9 and precise to ensure an export certifi10 cation is required only of such Items Re11 quiring Export Certification and that fair 

12 notice is given to exporters and other per13 sons as to which items require an export 

14 certification under this paragraph; and 

15 (ii) a description of characteristics 

16 typical of items that do not qualify as 

17 Items Requiring Export Certification and 

18 therefore do not require an export certifi19 cation under this paragraph, which shall— 

20 (I) clarify that objects made for 

21 commercial purposes generally do not 

22 qualify as an Item Requiring Export 

23 Certification; and 

24 (II) clarify that in some cir25 cumstances receipts or certifications 


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1 issued by Indian Tribes may be used 

2 as evidence to demonstrate a par3 ticular item does not qualify as an 

4 Item Requiring Export Certification. 

5 (2) ELIGIBILITY FOR EXPORT CERTIFI6 CATION.—An Item Requiring Export Certification is 

7 not an Item Prohibited from Exportation and is 

8 therefore eligible for an export certification if it is 

9 not under ongoing Federal investigation and it— 

10 (A) was not obtained within the time and 

11 location provenance parameters of the Native 

12 American Graves Protection and Repatriation 

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

14 1170 of title 18, United States Code, as added 

15 by the Native American Graves Protection and 

16 Repatriation Act), the Archaeological Resources 

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

18 seq.), or the Antiquities Act under section 

19 1866(b) of title 18, United States Code, and 

20 the export of the Item Requiring Export Cer21 tification would not otherwise violate any other 

22 provision of law; 

23 (B) was excavated or removed pursuant to 

24 a permit issued under section 4 of the Archae25 ological Resources Protection Act of 1979 (16 


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

2 United States Code, or in compliance with sec3 tion 3(c) of the Native American Graves Pro4 tection and Repatriation Act (25 U.S.C. 

5 3002(c)), if the permit for excavation or re6 moval authorizes export, and the export of the 

7 Item Requiring Export Certification would not 

8 otherwise violate any other provision of law; or 

9 (C) is accompanied by written confirmation 

10 from an Indian Tribe that the exporter has a 

11 right of possession, as defined in section 2 of 

12 the Native American Graves Protection and Re13 patriation Act (25 U.S.C. 3001), or that the In14 dian Tribe has relinquished title or control, as 

15 provided for in section 3 of the Native Amer16 ican Graves Protection and Repatriation Act 

17 (25 U.S.C. 3002), of the Item Requiring Ex18 port Certification, and the export of the Item 

19 Requiring Export Certification would not other20 wise violate any other provision of law. 

21 (3) EXPORT CERTIFICATION APPLICATION AND

22 ISSUANCE PROCEDURES.— 

23 (A) APPLYING FOR EXPORT CERTIFI24 CATION.— 

25 (i) ATTESTATION.— 


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1 (I) IN GENERAL.—With respect 

2 to each Item Requiring Export Cer3 tification to be exported from the 

4 United States, the exporter shall 

5 make an attestation (on an attestation 

6 form described in subclause (III)) 

7 that, to the best of the exporter’s 

8 knowledge and belief, the exporter is 

9 not exporting an Item Prohibited from 

10 Exportation. 

11 (II) CONSEQUENCES OF FALSE

12 STATEMENT.—Any willful or knowing 

13 false statement made on an attesta14 tion form under subclause (I) shall— 

15 (aa) subject the exporter to 

16 criminal penalties pursuant to 

17 section 1001 of title 18, United 

18 States Code; and 

19 (bb) prohibit the exporter 

20 from receiving an export certifi21 cation for any Item Requiring 

22 Export Certification through at23 testation alone in the future. 

24 (III) ATTESTATION FORM.—An 

25 attestation form shall describe and 


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1 provide pictures of each Item Requir2 ing Export Certification. The Sec3 retary shall consult with Indian 

4 Tribes in designing the attestation 

5 form. 

6 (ii) ADDITIONAL EVIDENCE.—If attes7 tation alone is no longer permitted or an 

8 export certification is delayed or denied, 

9 notice shall be given to the exporter, who 

10 may provide the Secretary with evidence to 

11 establish that the Item Requiring Export 

12 Certification is not an Item Prohibited 

13 from Exportation. 

14 (B) AVAILABILITY OF APPLICATIONS.— 

15 The Secretary shall make each export certifi16 cation application available to Indian Tribes via 

17 a secure website immediately after each export 

18 certification application has been submitted. 

19 (C) ISSUANCE OF EXPORT CERTIFI20 CATION.—The Secretary, in consultation with 

21 Indian Tribes, may issue an export certification 

22 for an Item Requiring Export Certification that 

23 is not an Item Prohibited from Exportation and 

24 is therefore eligible for export. 


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1 (D) REVOCATION OF EXPORT CERTIFI2 CATION.—If credible evidence is provided that 

3 indicates an item that received an export certifi4 cation qualifies as an Item Prohibited from Ex5 portation, the Secretary may immediately re6 voke the export certification. In making a deter7 mination about whether revocation is war8 ranted, Indian Tribes shall be consulted. 

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

10 (A) SEIZURE.—Any Item Requiring Ex11 port Certification that an exporter attempts to 

12 export without an export certification shall be 

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

14 Border Protection. 

15 (B) FORFEITURE.—An item found to qual16 ify as an Item Prohibited from Exportation 

17 shall be forfeited, consistent with chapter 46 of 

18 title 18, United States Code, to the Federal 

19 Government and repatriated to the Indian 

20 Tribe pursuant to the process provided for 

21 under the law under which it is found to be ob22 tained in violation. 

23 (C) RETURN TO EXPORTER.—An Item Re24 quiring Export Certification that is seized 

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1 dence does not establish within 60 days that it 

2 is an Item Prohibited from Exportation shall be 

3 returned to the exporter but shall not receive an 

4 export certification at that time. 

5 (5) ADMINISTRATIVE APPEAL.—If the Secretary 

6 denies an export certification or seizes an Item Re7 quiring Export Certification under this subsection, 

8 the exporter shall upon request be given a hearing 

9 on the record under such rules and regulations as 

10 the Secretary may promulgate. 

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

12 for the processing of export certification applications 

13 under this subsection. 

14 (7) TRAINING.—The Secretary of Homeland 

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

16 Customs and Border Protection, shall require all ap17 propriate personnel of U.S. Customs and Border 

18 Protection to participate in training to identify 

19 Items Requiring Export Certification for purposes of 

20 this Act and the amendment made by this Act. In21 dian Tribes shall be consulted in developing and de22 livering such trainings. 

23 (8) VOLUNTARY RETURN.—Whoever seeks to 

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1 turns it to the Indian Tribe with a likely cultural af2 filiation prior to active Federal investigation shall 

3 not be prosecuted for such violation with respect to 

4 the Item Requiring Export Certification. The export5 er’s application to obtain an export certification does 

6 not qualify as triggering an active Federal investiga7 tion. 

8 (c) AGREEMENTS TO REQUEST RETURN FROM FOR9 EIGN COUNTRIES.—The President is authorized to re10 quest from a State Party agreements or provisional meas11 ures pursuant to the Convention on the Means of Prohib12 iting and Preventing the Illicit Import, Export, and Trans13 fer of Ownership of Cultural Property (823 U.N.T.S. 231 

14 (1972)), subject to the limitations of Articles 6 and 9, 

15 under which the President may request the return from 

16 the State Party of Items Prohibited from Exportation. 

17 (d) RULES AND REGULATIONS.—All rules and regu18 lations necessary and appropriate to carry out the provi19 sions of this section shall be prescribed by the Secretary 

20 and shall be made in consultation with Indian Tribes. 

21 SEC. 6. VOLUNTARY RETURN OF TANGIBLE CULTURAL 

22 HERITAGE. 

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

24 State shall each designate a liaison to facilitate the vol25 untary return of tangible cultural heritage. 


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1 (b) TRAININGS AND WORKSHOPS.—The individuals 

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

3 for representatives of Indian Tribes and collectors, deal4 ers, and other individuals and organizations regarding the 

5 voluntary return of tangible cultural heritage. 

6 (c) REFERRALS.— 

7 (1) IN GENERAL.—The Secretary shall refer in8 dividuals and organizations to one or more Indian 

9 Tribes with a likely cultural affiliation to tangible 

10 cultural heritage for the purpose of facilitating the 

11 voluntary return of tangible cultural heritage. 

12 (2) REFERRAL REPRESENTATIVES.—The Sec13 retary shall compile a list of representatives from 

14 each Indian Tribe for purposes of referral under 

15 paragraph (1). 

16 (3) CONSULTATION.—The Secretary shall con17 sult with Indian Tribes before making a referral 

18 under paragraph (1). 

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

20 may utilize third parties with relevant expertise, in21 cluding universities, museums, dealers, collector or22 ganizations, and others, in making determinations 

23 regarding to which Indian Tribe an individual or or24 ganization should be referred under paragraph (1). 


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

2 additional penalties or legal liability. 

3 (e) TAX DOCUMENTATION.—The Secretary’s vol4 untary return facilitation shall include provision of tax 

5 documentation for a deductible gift to an Indian Tribe. 

6 (f) REPATRIATION UNDER NATIVE AMERICAN

7 GRAVES PROTECTION AND REPATRIATION ACT.—The vol8 untary return provisions of this section shall apply to a 

9 specific item of tangible cultural heritage only to the ex10 tent that the repatriation provisions under section 7 of the 

11 Native American Graves Protection and Repatriation Act 

12 (25 U.S.C. 3005) do not apply to such item of tangible 

13 cultural heritage. 

14 SEC. 7. INTERAGENCY WORKING GROUP. 

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

16 interagency working group consisting of representatives 

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

18 Homeland Security. 

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

20 (1) to facilitate repatriation to Indian Tribes of 

21 items that have been illegally removed or trafficked 

22 in violation of law; 

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

24 possession; and 


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1 (3) to improve Federal agencies’ implementa2 tion of the Native American Graves Protection and 

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

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

5 added by the Native American Graves Protection 

6 and Repatriation Act), the Archaeological Resources 

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

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

9 United States Code, and other relevant laws. 

10 (c) RESPONSIBILITIES.—The interagency working 

11 group shall aid in implementation of other provisions of 

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

13 regarding voluntary return and halting international sales, 

14 and shall collaborate with the Tribal working group cre15 ated pursuant to this Act. 

16 SEC. 8. TRIBAL WORKING GROUP. 

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

18 Tribal working group consisting of representatives of In19 dian Tribes to advise the Federal Government. 

20 (b) RECOMMENDATIONS.—The Tribal working group 

21 convened under subsection (a) may provide recommenda22 tions regarding— 

23 (1) the voluntary return of tangible cultural 

24 heritage by collectors, dealers, and other individuals 


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1 and non-Federal organizations that hold such tan2 gible cultural heritage; and 

3 (2) the elimination of illegal commerce in the 

4 United States and foreign markets. 

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

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

7 certain agency actions, including— 

8 (1) requesting the Department of Justice ini9 tiate judicial proceedings domestically or abroad to 

10 aid in repatriation; and 

11 (2) requesting the Department of State initiate 

12 dialogue through diplomatic channels to aid in repa13 triation. 

14 (d) AGENCY AND COMMITTEE ASSISTANCE.— 

15 (1) IN GENERAL.—The agencies and commit16 tees described in paragraph (2) shall provide infor17 mation and assistance to the Tribal working group 

18 convened under subsection (a) upon request by the 

19 Tribal working group. 

20 (2) AGENCIES AND COMMITTEES.—The agen21 cies and committees described in this paragraph are 

22 the following: 

23 (A) The Department of the Interior. 

24 (B) The Department of Justice. 


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1 (C) The Department of Homeland Secu2 rity. 

3 (D) The Department of State. 

4 (E) The Native American Graves Protec5 tion and Repatriation Review Committee estab6 lished under section 8 of the Native American 

7 Graves Protection and Repatriation Act (25 

8 U.S.C. 3006). 

9 (F) Any other relevant Federal agency. 

10 SEC. 9. FREEDOM OF INFORMATION ACT EXEMPTIONS. 

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

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

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

14 any amendment made by this Act, shall qualify for exemp15 tion from disclosure under the Freedom of Information 

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

17 Code. 

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

19 shall receive its own information, as described in sub20 section (a), from the Federal agency to which it submitted 

21 its information. 

22 SECTION 1. SHORT TITLE. 

23 This Act may be cited as the ‘‘Safeguard Tribal Objects 

24 of Patrimony Act of 2020’’. 


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1 SEC. 2. PURPOSES. 

2 The purposes of this Act are— 

3 (1) to carry out the trust responsibility of the 

4 United States to Indian Tribes; 

5 (2) to increase the maximum penalty for actions 

6 taken in violation of the Native American Graves 

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

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

9 Code, as added by that Act), in order to strengthen 

10 deterrence; 

11 (3) to stop the export, and facilitate the inter12 national repatriation, of cultural items prohibited 

13 from being trafficked by the Native American Graves 

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

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

16 Code, as added by that Act) and archaeological re17 sources prohibited from being trafficked by the Ar18 chaeological Resources Protection Act of 1979 (16 

19 U.S.C. 470aa et seq.) by— 

20 (A) explicitly prohibiting the export; 

21 (B) creating an export certification system; 

22 and 

23 (C) confirming the authority of the Presi24 dent to request from foreign nations agreements 

25 or provisional measures to prevent irremediable 

26 damage to Native American cultural heritage; 


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1 (4) to establish a Federal framework in order to 

2 support the voluntary return by individuals and or3 ganizations of items of tangible cultural heritage, in4 cluding items covered by the Native American Graves 

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

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

7 Code, as added by that Act) and the Archaeological 

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

9 seq.); 

10 (5) to establish an interagency working group to 

11 ensure communication between Federal agencies to 

12 successfully implement this Act, the Native American 

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

14 3001 et seq.) (including section 1170 of title 18, 

15 United States Code, as added by that Act), the Ar16 chaeological Resources Protection Act of 1979 (16 

17 U.S.C. 470aa et seq.), and other relevant Federal 

18 laws; 

19 (6) to establish a Native working group of In20 dian Tribes and Native Hawaiian organizations to 

21 assist in the implementation of this Act, the Native 

22 American Graves Protection and Repatriation Act 

23 (25 U.S.C. 3001 et seq.) (including section 1170 of 

24 title 18, United States Code, as added by that Act), 

25 the Archaeological Resources Protection Act of 1979 


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1 (16 U.S.C. 470aa et seq.), and other relevant Federal 

2 laws; 

3 (7) to exempt from disclosure under section 552 

4 of title 5, United States Code (commonly known as 

5 the ‘‘Freedom of Information Act’’)— 

6 (A) information submitted by Indian Tribes 

7 or Native Hawaiian organizations pursuant to 

8 this Act; and 

9 (B) information relating to an Item Requir10 ing Export Certification for which an export cer11 tification was denied pursuant to this Act; and 

12 (8) to encourage buyers to purchase legal contem13 porary art made by Native artists for commercial 

14 purposes. 

15 SEC. 3. DEFINITIONS. 

16 In this Act: 

17 (1) ARCHAEOLOGICAL RESOURCE.—The term 

18 ‘‘archaeological resource’’ means an archaeological re19 source (as defined in section 3 of the Archaeological 

20 Resources Protection Act of 1979 (16 U.S.C. 470bb)) 

21 that is Native American. 

22 (2) CULTURAL AFFILIATION.—The term ‘‘cul23 tural affiliation’’ means that there is a relationship 

24 of shared group identity that can be reasonably traced 

25 historically or prehistorically between a present day 


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1 Indian Tribe or Native Hawaiian organization and 

2 an identifiable earlier group. 

3 (3) CULTURAL ITEM.—The term ‘‘cultural item’’ 

4 means any 1 or more cultural items (as defined in 

5 section 2 of the Native American Graves Protection 

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

7 (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

8 has the meaning given the term ‘‘Indian tribe’’ in sec9 tion 2 of the Native American Graves Protection and 

10 Repatriation Act (25 U.S.C. 3001). 

11 (5) ITEM PROHIBITED FROM EXPORTATION.—The 

12 term ‘‘Item Prohibited from Exportation’’ means— 

13 (A) a cultural item prohibited from being 

14 trafficked, including through sale, purchase, use 

15 for profit, or transport for sale or profit, by— 

16 (i) section 1170(b) of title 18, United 

17 States Code, as added by the Native Amer18 ican Graves Protection and Repatriation 

19 Act (25 U.S.C. 3001 et seq.); or 

20 (ii) any other Federal law or treaty; 

21 and 

22 (B) an archaeological resource prohibited 

23 from being trafficked, including through sale, 

24 purchase, exchange, transport, receipt, or offer to 


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1 sell, purchase, or exchange, including in inter2 state or foreign commerce, by— 

3 (i) subsections (b) and (c) of section 6 

4 of the Archaeological Resources Protection 

5 Act of 1979 (16 U.S.C. 470ee); or 

6 (ii) any other Federal law or treaty. 

7 (6) ITEM REQUIRING EXPORT CERTIFICATION.— 

8 (A) IN GENERAL.—The term ‘‘Item Requir9 ing Export Certification’’ means— 

10 (i) a cultural item; and 

11 (ii) an archaeological resource. 

12 (B) EXCLUSION.—The term ‘‘Item Requir13 ing Export Certification’’ does not include an 

14 item described in clause (i) or (ii) of subpara15 graph (A) for which an Indian Tribe or Native 

16 Hawaiian organization with a cultural affili17 ation with the item has provided a certificate 

18 authorizing exportation of the item. 

19 (7) NATIVE AMERICAN.—The term ‘‘Native 

20 American’’ means— 

21 (A) Native American (as defined in section 

22 2 of the Native American Graves Protection and 

23 Repatriation Act (25 U.S.C. 3001)); and 

24 (B) Native Hawaiian (as so defined). 


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1 (8) NATIVE HAWAIIAN ORGANIZATION.—The term 

2 ‘‘Native Hawaiian organization’’ has the meaning 

3 given the term in section 2 of the Native American 

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

5 3001). 

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

7 the Secretary of the Interior. 

8 (10) TANGIBLE CULTURAL HERITAGE.—The term 

9 ‘‘tangible cultural heritage’’ means— 

10 (A) Native American human remains; or 

11 (B) culturally, historically, or 

12 archaeologically significant objects, resources, 

13 patrimony, or other items that are affiliated 

14 with a Native American culture. 

15 SEC. 4. ENHANCED NAGPRA PENALTIES. 

16 Section 1170 of title 18, United States Code, is amend17 ed— 

18 (1) by striking ‘‘5 years’’ each place it appears 

19 and inserting ‘‘10 years’’; 

20 (2) in subsection (a), by striking ‘‘12 months’’ 

21 and inserting ‘‘1 year and 1 day’’; and 

22 (3) in subsection (b), by striking ‘‘one year’’ and 

23 inserting ‘‘1 year and 1 day’’. 


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1 SEC. 5. EXPORT PROHIBITIONS; EXPORT CERTIFICATION 

2 SYSTEM; INTERNATIONAL AGREEMENTS. 

3 (a) EXPORT PROHIBITIONS.— 

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

5 person— 

6 (A) to export, attempt to export, or other7 wise transport from the United States any Item 

8 Prohibited from Exportation; 

9 (B) to conspire with any person to engage 

10 in an activity described in subparagraph (A); or 

11 (C) to conceal an activity described in sub12 paragraph (A). 

13 (2) PENALTIES.—Any person who violates para14 graph (1) and knows, or in the exercise of due care 

15 should have known, that the Item Prohibited from Ex16 portation was taken, possessed, transported, or sold in 

17 violation of, or in a manner unlawful under, any 

18 Federal law or treaty, shall be fined in accordance 

19 with section 3571 of title 18, United States Code, im20 prisoned for not more than 1 year and 1 day for a 

21 first violation, and not more than 10 years for a sec22 ond or subsequent violation, or both. 

23 (3) DETENTION, FORFEITURE, AND REPATRI24 ATION.— 

25 (A) DETENTION AND DELIVERY.—The Sec26 retary of Homeland Security, acting through the 


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1 Commissioner of U.S. Customs and Border Pro2 tection, shall— 

3 (i) detain any Item Prohibited from 

4 Exportation that is exported, attempted to 

5 be exported, or otherwise transported from 

6 the United States in violation of paragraph 

7 (1); and 

8 (ii) deliver the Item Prohibited from 

9 Exportation to the Secretary. 

10 (B) FORFEITURE.—Any Item Prohibited 

11 from Exportation that is exported, attempted to 

12 be exported, or otherwise transported from the 

13 United States in violation of paragraph (1) shall 

14 be subject to forfeiture to the United States in ac15 cordance with chapter 46 of title 18, United 

16 States Code (including section 983(c) of that 

17 chapter). 

18 (C) REPATRIATION.—Any Item Prohibited 

19 from Exportation that is forfeited under sub20 paragraph (B) shall be expeditiously repatriated 

21 to the appropriate Indian Tribe or Native Ha22 waiian organization in accordance with, as ap23 plicable— 

24 (i) the Native American Graves Protec25 tion and Repatriation Act (25 U.S.C. 3001 


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

2 United States Code, as added by that Act); 

3 or 

4 (ii) the Archaeological Resources Pro5 tection Act of 1979 (16 U.S.C. 470aa et 

6 seq.). 

7 (b) EXPORT CERTIFICATION SYSTEM.— 

8 (1) EXPORT CERTIFICATION REQUIREMENT.— 

9 (A) IN GENERAL.—No Item Requiring Ex10 port Certification may be exported from the 

11 United States without first having obtained an 

12 export certification in accordance with this sub13 section. 

14 (B) PUBLICATION.—The Secretary, in con15 sultation with Indian Tribes and Native Hawai16 ian organizations, shall publish in the Federal 

17 Register a notice that includes— 

18 (i) a description of characteristics typ19 ical of Items Requiring Export Certifi20 cation, which shall— 

21 (I) include the definitions of the 

22 terms— 

23 (aa) ‘‘cultural items’’ in sec24 tion 2 of the Native American 


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1 Graves Protection and Repatri2 ation Act (25 U.S.C. 3001); and 

3 (bb) ‘‘archaeological re4 source’’ in section 3 of the Archae5 ological Resources Protection Act 

6 of 1979 (16 U.S.C. 470bb); 

7 (II) describe the provenance re8 quirements associated with the traf9 ficking prohibition applicable to— 

10 (aa) cultural items under 

11 section 1170(b) of title 18, United 

12 States Code; and 

13 (bb) archaeological resources 

14 under subsections (b) and (c) of 

15 section 6 of Archaeological Re16 sources Protection Act of 1979 (16 

17 U.S.C. 470ee); 

18 (III)(aa) include the definitions of 

19 the terms ‘‘Native American’’ and ‘‘Na20 tive Hawaiian’’ in section 2 of the Na21 tive American Graves Protection and 

22 Repatriation Act (25 U.S.C. 3001); 

23 and 


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1 (bb) describe how those terms 

2 apply to archaeological resources under 

3 this Act; and 

4 (IV) be sufficiently specific and 

5 precise to ensure that— 

6 (aa) an export certification 

7 is required only for Items Requir8 ing Export Certification; and 

9 (bb) fair notice is given to 

10 exporters and other persons re11 garding which items require an 

12 export certification under this 

13 subsection; and 

14 (ii) a description of characteristics 

15 typical of items that do not qualify as Items 

16 Requiring Export Certification and there17 fore do not require an export certification 

18 under this subsection, which shall clarify 

19 that— 

20 (I) an item made solely for com21 mercial purposes is presumed to not 

22 qualify as an Item Requiring Export 

23 Certification, unless an Indian Tribe 

24 or Native Hawaiian organization chal25 lenges that presumption; and 


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1 (II) in some circumstances, re2 ceipts or certifications issued by In3 dian Tribes or Native Hawaiian orga4 nizations with a cultural affiliation 

5 with an item may be used as evidence 

6 to demonstrate a particular item does 

7 not qualify as an Item Requiring Ex8 port Certification. 

9 (2) ELIGIBILITY FOR EXPORT CERTIFICATION.— 

10 An Item Requiring Export Certification is eligible for 

11 an export certification under this subsection if— 

12 (A) the Item Requiring Export Certification 

13 is not under ongoing Federal investigation; 

14 (B) the export of the Item Requiring Export 

15 Certification would not otherwise violate any 

16 other provision of law; and 

17 (C) the Item Requiring Export Certifi18 cation— 

19 (i) is not an Item Prohibited from Ex20 portation; 

21 (ii) was excavated or removed pursu22 ant to a permit issued under section 4 of 

23 the Archaeological Resources Protection Act 

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1 ican Graves Protection and Repatriation 

2 Act (25 U.S.C. 3002(c)), if the permit for 

3 excavation or removal authorizes export; or 

4 (iii) is accompanied by written con5 firmation from the Indian Tribe or Native 

6 Hawaiian organization with authority to 

7 alienate the Item Requiring Export Certifi8 cation that— 

9 (I) the exporter has a right of pos10 session (as defined in section 2 of the 

11 Native American Graves Protection 

12 and Repatriation Act (25 U.S.C. 

13 3001)) of the Item Requiring Export 

14 Certification; or 

15 (II) the Indian Tribe or Native 

16 Hawaiian organization has relin17 quished title or control of the Item Re18 quiring Export Certification in accord19 ance with section 3 of the Native 

20 American Graves Protection and Repa21 triation Act (25 U.S.C. 3002). 

22 (3) EXPORT CERTIFICATION APPLICATION AND

23 ISSUANCE PROCEDURES.— 

24 (A) APPLICATIONS FOR EXPORT CERTIFI25 CATION.— 


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1 (i) IN GENERAL.—An exporter seeking 

2 to export an Item Requiring Export Certifi3 cation from the United States shall submit 

4 to the Secretary an export certification ap5 plication in accordance with clause (iii). 

6 (ii) CONSEQUENCES OF FALSE STATE7 MENT.—Any willful or knowing false state8 ment made on an export certification appli9 cation form under clause (i) shall— 

10 (I) subject the exporter to crimi11 nal penalties pursuant to section 1001 

12 of title 18, United States Code; and 

13 (II) prohibit the exporter from re14 ceiving an export certification for any 

15 Item Requiring Export Certification in 

16 the future unless the exporter submits 

17 additional evidence in accordance with 

18 subparagraph (B)(iii)(I). 

19 (iii) FORM OF EXPORT CERTIFICATION

20 APPLICATION.—The Secretary, in consulta21 tion with Indian Tribes and Native Hawai22 ian organizations, and at the discretion of 

23 the Secretary, in consultation with third 

24 parties with relevant expertise, including 

25 institutions of higher education, museums, 


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1 dealers, and collector organizations, shall 

2 develop an export certification application 

3 form, which shall require that an appli4 cant— 

5 (I) describe, and provide pictures 

6 of, each Item Requiring Export Certifi7 cation that the applicant seeks to ex8 port; 

9 (II) include all available informa10 tion regarding the provenance of each 

11 such Item Requiring Export Certifi12 cation; and 

13 (III) include the attestation de14 scribed in subparagraph (B)(i). 

15 (B) EVIDENCE.— 

16 (i) IN GENERAL.—In completing an ex17 port certification application with respect 

18 to an Item Requiring Export Certification 

19 that the exporter seeks to export, the ex20 porter shall attest that, to the best of the 

21 knowledge and belief of the exporter, the ex22 porter is not attempting to export an Item 

23 Prohibited from Exportation. 

24 (ii) SUFFICIENCY OF ATTESTATION.— 

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1 sidered to be sufficient evidence to support 

2 the application of the exporter under sub3 paragraph (A)(iii)(III), on the condition 

4 that the exporter is not required to provide 

5 additional evidence under clause (iii)(I). 

6 (iii) ADDITIONAL REQUIREMENTS.— 

7 (I) IN GENERAL.—The Secretary 

8 shall give notice to an exporter that 

9 submits an export certification appli10 cation under subparagraph (A)(i) that 

11 the exporter is required to submit addi12 tional evidence in accordance with sub13 clause (III) if the Secretary has deter14 mined under subparagraph (A)(ii) that 

15 the exporter made a willful or knowing 

16 false statement on the application or 

17 any past export certification applica18 tion. 

19 (II) DELAYS OR DENIALS.—The 

20 Secretary shall give notice to an ex21 porter that submits an export certifi22 cation application under subparagraph 

23 (A)(i) that the exporter may submit 

24 additional evidence in accordance with 


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1 subclause (III) if the issuance of an ex2 port certification is— 

3 (aa) delayed pursuant to the 

4 examination by the Secretary of 

5 the eligibility of the Item Requir6 ing Export Certification for an 

7 export certification; or 

8 (bb) denied by the Secretary 

9 because the Secretary determined 

10 that the Item Requiring Export 

11 Certification is not eligible for an 

12 export certification under this 

13 subsection. 

14 (III) ADDITIONAL EVIDENCE.—On 

15 receipt of notice under subclause (I), 

16 an exporter shall, or on receipt of a no17 tice under subclause (II), an exporter 

18 may, provide the Secretary with such 

19 additional evidence as the Secretary 

20 may require to establish that the Item 

21 Requiring Export Certification is eligi22 ble for an export certification under 

23 this subsection. 

24 (C) DATABASE APPLICATIONS.— 


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1 (i) IN GENERAL.—The Secretary shall 

2 establish and maintain a secure central 

3 Federal database information system (re4 ferred to in this subparagraph as the ‘‘data5 base’’) for the purpose of making export cer6 tification applications available to Indian 

7 Tribes and Native Hawaiian organizations. 

8 (ii) COLLABORATION REQUIRED.—The 

9 Secretary shall collaborate with Indian 

10 Tribes, Native Hawaiian organizations, 

11 and the interagency working group con12 vened under section 7(a) in the design and 

13 implementation of the database. 

14 (iii) AVAILABILITY.—Immediately on 

15 receipt of an export certification applica16 tion, the Secretary shall make the export 

17 certification application available on the 

18 database. 

19 (iv) DELETION FROM DATABASE.—On 

20 request by an Indian Tribe or Native Ha21 waiian organization, the Secretary shall de22 lete an export certification application from 

23 the database. 

24 (v) TECHNICAL ASSISTANCE.—If an 

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1 tion lacks sufficient resources to access the 

2 database or respond to agency communica3 tions in a timely manner, the Secretary, in 

4 consultation with Indian Tribes and Native 

5 Hawaiian organizations, shall provide tech6 nical assistance to facilitate that access or 

7 response, as applicable. 

8 (D) ISSUANCE OF EXPORT CERTIFI9 CATION.—On receipt of an export certification 

10 application for an Item Requiring Export Cer11 tification that meets the requirements of sub12 paragraphs (A) and (B), if the Secretary, in 

13 consultation with Indian Tribes and Native Ha14 waiian organizations with a cultural affiliation 

15 with the Item Requiring Export Certification, 

16 determines that the Item Requiring Export Cer17 tification is eligible for an export certification 

18 under paragraph (2), the Secretary may issue an 

19 export certification for the Item Requiring Ex20 port Certification. 

21 (E) REVOCATION OF EXPORT CERTIFI22 CATION.— 

23 (i) IN GENERAL.—If credible evidence 

24 is provided that indicates that an item that 

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1 paragraph (D) is not eligible for an export 

2 certification under paragraph (2), the Sec3 retary may immediately revoke the export 

4 certification. 

5 (ii) DETERMINATION.—In determining 

6 whether a revocation is warranted under 

7 clause (i), the Secretary shall consult with 

8 Indian Tribes and Native Hawaiian orga9 nizations with a cultural affiliation with 

10 the affected Item Requiring Export Certifi11 cation. 

12 (4) DETENTION, FORFEITURE, REPATRIATION, 

13 AND RETURN.— 

14 (A) DETENTION AND DELIVERY.—The Sec15 retary of Homeland Security, acting through the 

16 Commissioner of U.S. Customs and Border Pro17 tection, shall— 

18 (i) detain any Item Requiring Export 

19 Certification that an exporter attempts to 

20 export or otherwise transport without an ex21 port certification; and 

22 (ii) deliver the Item Requiring Export 

23 Certification to the Secretary, for seizure by 

24 the Secretary. 


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1 (B) FORFEITURE.—Any Item Requiring 

2 Export Certification that is detained under sub3 paragraph (A)(i) shall be subject to forfeiture to 

4 the United States in accordance with chapter 46 

5 of title 18, United States Code (including section 

6 983(c) of that chapter). 

7 (C) REPATRIATION OR RETURN TO EX8 PORTER.— 

9 (i) IN GENERAL.—Not later than 60 

10 days after the date of delivery to the Sec11 retary of an Item Requiring Export Certifi12 cation under subparagraph (A)(ii), the Sec13 retary shall determine whether the Item Re14 quiring Export Certification is an Item 

15 Prohibited from Exportation. 

16 (ii) REPATRIATION.—If an Item Re17 quiring Export Certification is determined 

18 by the Secretary to be an Item Prohibited 

19 from Exportation and is forfeited under 

20 subparagraph (B), the item shall be expedi21 tiously repatriated to the appropriate In22 dian Tribe or Native Hawaiian organiza23 tion in accordance with, as applicable— 

24 (I) the Native American Graves 

25 Protection and Repatriation Act (25 


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1 U.S.C. 3001 et seq.) (including section 

2 1170 of title 18, United States Code, as 

3 added by that Act); or 

4 (II) the Archaeological Resources 

5 Protection Act of 1979 (16 U.S.C. 

6 470aa et seq.). 

7 (iii) RETURN TO EXPORTER.— 

8 (I) IN GENERAL.—If the Secretary 

9 determines that credible evidence does 

10 not establish that the Item Requiring 

11 Export Certification is an Item Pro12 hibited from Exportation, or if the Sec13 retary does not complete the deter14 mination by the deadline described in 

15 clause (i), the Secretary shall return 

16 the Item Requiring Export Certifi17 cation to the exporter. 

18 (II) EFFECT.—The return of an 

19 Item Requiring Export Certification to 

20 an exporter under subclause (I) shall 

21 not mean that the Item Requiring Ex22 port Certification is eligible for an ex23 port certification under this subsection. 

24 (5) PENALTIES.— 


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1 (A) ITEMS REQUIRING EXPORT CERTIFI2 CATION.— 

3 (i) IN GENERAL.—It shall be unlawful 

4 for any person to export, attempt to export, 

5 or otherwise transport from the United 

6 States any Item Requiring Export Certifi7 cation without first obtaining an export cer8 tification. 

9 (ii) PENALTIES.—Except as provided 

10 in subparagraph (D), any person who vio11 lates clause (i) shall be— 

12 (I) assessed a civil penalty in ac13 cordance with such regulations as the 

14 Secretary promulgates pursuant to sec15 tion 10; and 

16 (II) subject to any other applica17 ble penalties under this Act. 

18 (B) ITEMS PROHIBITED FROM EXPOR19 TATION.—Whoever exports an Item Prohibited 

20 from Exportation without first securing an ex21 port certification shall be liable for a civil money 

22 penalty, the amount of which shall equal the 

23 total cost of storing and repatriating the Item 

24 Prohibited from Exportation. 


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1 (C) USE OF FINES COLLECTED.—Any 

2 amounts collected by the Secretary as a civil 

3 penalty under subparagraph (A)(ii)(I) or (B)— 

4 (i) may be used by the Secretary— 

5 (I) for fines collected under sub6 paragraph (A)(ii)(I), to process export 

7 certification applications under this 

8 subsection; and 

9 (II) for fines collected under sub10 paragraph (B), to store and repatriate 

11 the Item Prohibited from Exportation; 

12 (ii) shall supplement (and not sup13 plant) any appropriations to the Secretary 

14 to carry out this subsection; and 

15 (iii) shall not be covered into the 

16 Treasury as miscellaneous receipts. 

17 (D) VOLUNTARY RETURN.— 

18 (i) IN GENERAL.—Any person who at19 tempts to export or otherwise transport 

20 from the United States an Item Requiring 

21 Export Certification without first obtaining 

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1 propriate Indian Tribe or Native Hawaiian 

2 organization in accordance with section 6 

3 prior to the commencement of an active 

4 Federal investigation shall not be prosecuted 

5 for a violation of subparagraph (A) with re6 spect to the Item Requiring Export Certifi7 cation. 

8 (ii) ACTIONS NOT COMMENCING A FED9 ERAL INVESTIGATION.—For purposes of 

10 clause (i), the following actions shall not be 

11 considered to be actions that commence an 

12 active Federal investigation: 

13 (I) The submission by the exporter 

14 of an export certification application 

15 for the Item Requiring Export Certifi16 cation under paragraph (3)(A)(i). 

17 (II) The detention of the Item Re18 quiring Export Certification by the 

19 Secretary of Homeland Security, act20 ing through the Commissioner of U.S. 

21 Customs and Border Protection, under 

22 paragraph (4)(A)(i). 

23 (III) The delivery to the Secretary 

24 of the Item Requiring Export Certifi25 cation by the Secretary of Homeland 


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1 Security, acting through the Commis2 sioner of U.S. Customs and Border 

3 Protection, under paragraph (4)(A)(ii). 

4 (IV) The seizure by the Secretary 

5 of the Item Requiring Export Certifi6 cation under paragraph (4)(A)(ii). 

7 (6) FEES.— 

8 (A) IN GENERAL.—The Secretary may col9 lect reasonable fees to process export certification 

10 applications under this subsection. 

11 (B) AVAILABILITY OF AMOUNTS COL12 LECTED.—Any amounts collected by the Sec13 retary under subparagraph (A)— 

14 (i) shall supplement (and not sup15 plant) any appropriations to the Secretary 

16 for the activities described in subparagraph 

17 (A); and 

18 (ii) shall not be covered into the Treas19 ury as miscellaneous receipts. 

20 (7) ADMINISTRATIVE APPEAL.—If the Secretary 

21 denies an export certification or an Item Requiring 

22 Export Certification is detained under this sub23 section, the exporter, on request, shall be given a hear24 ing on the record in accordance with such rules and 


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1 regulations as the Secretary promulgates pursuant to 

2 section 10. 

3 (8) TRAINING.— 

4 (A) IN GENERAL.—The Secretary, the Sec5 retary of State, the Attorney General, and the 

6 heads of all other relevant Federal agencies shall 

7 require all appropriate personnel to participate 

8 in training regarding applicable laws and con9 sultations to facilitate positive government-to10 government interactions with Indian Tribes and 

11 Native Hawaiian Organizations. 

12 (B) U.S. CUSTOMS AND BORDER PROTEC13 TION TRAINING.—The Secretary of Homeland Se14 curity, acting through the Commissioner of U.S. 

15 Customs and Border Protection, shall require all 

16 appropriate personnel of U.S. Customs and Bor17 der Protection to participate in training pro18 vided by the Secretary of the Interior or an In19 dian Tribe or Native Hawaiian organization to 

20 assist the personnel in identifying, handling, and 

21 documenting in a culturally sensitive manner 

22 Items Requiring Export Certification for pur23 poses of this Act. 

24 (C) CONSULTATION.—In developing or 

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1 paragraphs (A) and (B), the applicable heads of 

2 Federal agencies shall consult with Indian Tribes 

3 and Native Hawaiian organizations. 

4 (c) AGREEMENTS TO REQUEST RETURN FROM FOR5 EIGN COUNTRIES.—The President may request from foreign 

6 nations agreements that specify concrete measures that the 

7 foreign nation will carry out— 

8 (1) to discourage commerce in, and collection of, 

9 Items Prohibited from Exportation; 

10 (2) to encourage the voluntary return of tangible 

11 cultural heritage; and 

12 (3) to expand the market for the products of In13 dian art and craftsmanship in accordance with sec14 tion 2 of the Act of August 27, 1935 (49 Stat. 891, 

15 chapter 748; 25 U.S.C. 305a) (commonly known as 

16 the ‘‘Indian Arts and Crafts Act’’). 

17 SEC. 6. VOLUNTARY RETURN OF TANGIBLE CULTURAL HER18 ITAGE. 

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

20 State shall each designate a liaison to facilitate the vol21 untary return of tangible cultural heritage. 

22 (b) TRAININGS AND WORKSHOPS.—The liaisons des23 ignated under subsection (a) shall offer to representatives 

24 of Indian Tribes and Native Hawaiian organizations and 

25 collectors, dealers, and other individuals and organizations 


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1 trainings and workshops regarding the voluntary return of 

2 tangible cultural heritage. 

3 (c) REFERRALS.— 

4 (1) IN GENERAL.—The Secretary shall refer indi5 viduals and organizations to 1 or more Indian Tribes 

6 and Native Hawaiian organizations with a cultural 

7 affiliation to tangible cultural heritage for the pur8 pose of facilitating the voluntary return of tangible 

9 cultural heritage. 

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

12 each Indian Tribe and Native Hawaiian organization 

13 for purposes of referral under paragraph (1). 

14 (3) CONSULTATION.—The Secretary shall consult 

15 with Indian Tribes, Native Hawaiian organizations, 

16 and the Native working group convened under section 

17 8(a) before making a referral under paragraph (1). 

18 (4) THIRD-PARTY EXPERTS.—The Secretary may 

19 use third parties with relevant expertise, including 

20 institutions of higher education, museums, dealers, 

21 and collector organizations, in determining to which 

22 Indian Tribe or Native Hawaiian organization an 

23 individual or organization should be referred under 

24 paragraph (1). 


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1 (d) LEGAL LIABILITY.—Nothing in this section im2 poses on any individual or entity any additional penalties 

3 or legal liability. 

4 (e) TAX DOCUMENTATION.—In facilitating the vol5 untary return of tangible cultural heritage under this sec6 tion, the Secretary shall include provision of tax docu7 mentation for a deductible gift to an Indian Tribe or Native 

8 Hawaiian organization, if the recipient Indian Tribe or 

9 Native Hawaiian organization consents to the provision of 

10 tax documentation. 

11 (f) REPATRIATION UNDER NATIVE AMERICAN GRAVES

12 PROTECTION AND REPATRIATION ACT.—The voluntary re13 turn provisions of this section shall apply to a specific item 

14 of tangible cultural heritage only to the extent that the repa15 triation provisions under section 7 of the Native American 

16 Graves Protection and Repatriation Act (25 U.S.C. 3005) 

17 do not apply to the item of tangible cultural heritage. 

18 SEC. 7. INTERAGENCY WORKING GROUP. 

19 (a) IN GENERAL.—The Secretary shall designate a co20 ordinating office to convene an interagency working group 

21 consisting of representatives from the Departments of the 

22 Interior, Justice, State, and Homeland Security. 

23 (b) GOALS.—The goals of the interagency working 

24 group convened under subsection (a) are— 


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1 (1) to facilitate the repatriation to Indian Tribes 

2 and Native Hawaiian organizations of items that 

3 have been illegally removed or trafficked in violation 

4 of applicable law; 

5 (2) to protect tangible cultural heritage, cultural 

6 items, and archaeological resources still in the posses7 sion of Indian Tribes and Native Hawaiian organiza8 tions; and 

9 (3) to improve the implementation by the appli10 cable Federal agencies of— 

11 (A) the Native American Graves Protection 

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

13 (including section 1170 of title 18, United States 

14 Code, as added by that Act); 

15 (B) the Archaeological Resources Protection 

16 Act of 1979 (16 U.S.C. 470aa et seq.); and 

17 (C) other relevant Federal laws. 

18 (c) RESPONSIBILITIES.—The interagency working 

19 group convened under subsection (a) shall— 

20 (1) aid in implementation of this Act and the 

21 amendments made by this Act, including by aiding 

22 in— 

23 (A) the voluntary return of tangible cultural 

24 heritage under section 6; and 


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1 (B) halting international sales of items that 

2 are prohibited from being trafficked under Fed3 eral law; and 

4 (2) collaborate with— 

5 (A) the Native working group convened 

6 under section 8(a); 

7 (B) the review committee established under 

8 section 8(a) of the Native American Graves Pro9 tection and Repatriation Act (25 U.S.C. 

10 3006(a)); 

11 (C) the Cultural Heritage Coordinating 

12 Committee established pursuant to section 2 of 

13 the Protect and Preserve International Cultural 

14 Property Act (Public Law 114–151; 19 U.S.C. 

15 2601 note); and 

16 (D) any other relevant committees and 

17 working groups. 

18 SEC. 8. NATIVE WORKING GROUP. 

19 (a) IN GENERAL.—The Secretary shall convene a Na20 tive working group consisting of not fewer than 12 rep21 resentatives of Indian Tribes and Native Hawaiian organi22 zations with relevant expertise, who shall be nominated by 

23 Indian Tribes and Native Hawaiian organizations, to ad24 vise the Federal Government in accordance with this sec25 tion. 


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1 (b) RECOMMENDATIONS.—The Native working group 

2 convened under subsection (a) may provide recommenda3 tions regarding— 

4 (1) the voluntary return of tangible cultural her5 itage by collectors, dealers, and other individuals and 

6 non-Federal organizations that hold such tangible cul7 tural heritage; and 

8 (2) the elimination of illegal commerce of cul9 tural items and archaeological resources in the United 

10 States and foreign markets. 

11 (c) REQUESTS.—The Native working group convened 

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

13 certain agency actions, including requests that— 

14 (1) the Department of Justice initiate judicial 

15 proceedings domestically or abroad to aid in the repa16 triation cultural items and archaeological resources; 

17 and 

18 (2) the Department of State initiate dialogue 

19 through diplomatic channels to aid in that repatri20 ation. 

21 (d) AGENCY AND COMMITTEE ASSISTANCE.— 

22 (1) IN GENERAL.—On request by the Native 

23 working group convened under subsection (a), the 

24 agencies and committees described in paragraph (2) 


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1 shall make efforts to provide information and assist2 ance to the Native working group. 

3 (2) DESCRIPTION OF AGENCIES AND COMMIT4 TEES.—The agencies and committees referred to in 

5 paragraph (1) are the following: 

6 (A) The Department of the Interior. 

7 (B) The Department of Justice. 

8 (C) The Department of Homeland Security. 

9 (D) The Department of State. 

10 (E) The review committee established under 

11 section 8(a) of the Native American Graves Pro12 tection and Repatriation Act (25 U.S.C. 

13 3006(a)). 

14 (F) The Cultural Heritage Coordinating 

15 Committee established pursuant to section 2 of 

16 the Protect and Preserve International Cultural 

17 Property Act (Public Law 114–151; 19 U.S.C. 

18 2601 note). 

19 (G) Any other relevant Federal agency, 

20 committee, or working group. 

21 (e) APPLICABILITY OF FEDERAL ADVISORY COM22 MITTEE ACT.—The Federal Advisory Committee Act (5 

23 U.S.C. App.) shall not apply to the Native working group 

24 convened under subsection (a). 


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1 SEC. 9. TREATMENT UNDER FREEDOM OF INFORMATION 

2 ACT. 

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

4 (c), the following information shall be exempt from disclo5 sure under section 552 of title 5, United States Code: 

6 (1) Information that a representative of an In7 dian Tribe or Native Hawaiian organization— 

8 (A) submits to a Federal agency pursuant 

9 to this Act or an amendment made by this Act; 

10 and 

11 (B) designates as sensitive or private ac12 cording to Native American custom, law, culture, 

13 or religion. 

14 (2) Information that any person submits to a 

15 Federal agency pursuant to this Act or an amend16 ment made by this Act that relates to an item for 

17 which an export certification is denied under this Act. 

18 (b) APPLICABILITY.—For purposes of subsection (a), 

19 this Act shall be considered a statute described in section 

20 552(b)(3)(B) of title 5, United States Code. 

21 (c) EXCEPTION.—An Indian Tribe or Native Hawai22 ian organization may request and shall receive its own in23 formation, as described in subsection (a), from the Federal 

24 agency to which the Indian Tribe or Native Hawaiian orga25 nization submitted the information. 


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1 SEC. 10. REGULATIONS. 

2 (a) IN GENERAL.—Not later than 1 year after the date 

3 of enactment of this Act, the Secretary, in consultation with 

4 the Secretary of State, the Secretary of Homeland Security, 

5 and the Attorney General, and after consultation with In6 dian Tribes and Native Hawaiian organizations, shall pro7 mulgate rules and regulations to carry out this Act. 

8 (b) INCLUSION.—The regulations promulgated by the 

9 Secretary pursuant to subsection (a) shall include a reason10 able deadline by which the Secretary shall approve or deny 

11 an export certification application under section 5(b). 

12 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

13 There is authorized to be appropriated to carry out 

14 this Act $3,000,000 for each of fiscal years 2021 through 

15 2026. 


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Calendar No. 608 

116TH CONGRESS 

2D SESSION S. 2165 

[Report No. 116–308] 

A BILL 

To enhance protections of Native American tangible 

cultural heritage, and for other purposes. 

DECEMBER 9, 2020 

Reported with an amendment 


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