H. R. 2930 

One Hundred Seventeenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Monday, 

the third day of January, two thousand and twenty-two 

An Act 

To enhance protections of Native American tangible cultural heritage, and for 

other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

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

Patrimony Act of 2021’’. 

SEC. 2. PURPOSES. 

The purposes of this Act are— 

(1) to carry out the trust responsibility of the United States 

to Indian Tribes; 

(2) to increase the maximum penalty for actions taken 

in violation of the Native American Graves Protection and 

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

1170 of title 18, United States Code, as added by that Act), 

in order to strengthen deterrence; 

(3) to stop the export, and facilitate the international repatriation, of cultural items prohibited from being trafficked by 

the Native American Graves Protection and Repatriation Act 

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

United States Code, as added by that Act) and archaeological 

resources prohibited from being trafficked by the Archaeological 

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

by— 

(A) explicitly prohibiting the export; 

(B) creating an export certification system; and 

(C) confirming the authority of the President to request 

from foreign nations agreements or provisional measures 

to prevent irremediable damage to Native American cultural heritage; 

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

the voluntary return by individuals and organizations of items 

of tangible cultural heritage, including items covered by the 

Native American Graves Protection and Repatriation Act (25 

U.S.C. 3001 et seq.) (including section 1170 of title 18, United 

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

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

(5) to establish an interagency working group to ensure 

communication between Federal agencies to successfully implement this Act, the Native American Graves Protection and 

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

1170 of title 18, United States Code, as added by that Act), 
H. R. 2930—2 

the Archaeological Resources Protection Act of 1979 (16 U.S.C. 

470aa et seq.), and other relevant Federal laws; 

(6) to establish a Native working group of Indian Tribes 

and Native Hawaiian organizations to assist in the implementation of this Act, the Native American Graves Protection and 

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

1170 of title 18, United States Code, as added by that Act), 

the Archaeological Resources Protection Act of 1979 (16 U.S.C. 

470aa et seq.), and other relevant Federal laws; 

(7) to exempt from disclosure under section 552 of title 

5, United States Code (commonly known as the ‘‘Freedom of 

Information Act’’)— 

(A) information submitted by Indian Tribes or Native 

Hawaiian organizations pursuant to this Act; and 

(B) information relating to an Item Requiring Export 

Certification for which an export certification was denied 

pursuant to this Act; and 

(8) to encourage buyers to purchase legal contemporary 

art made by Native artists for commercial purposes. 

SEC. 3. DEFINITIONS. 

In this Act: 

(1) ARCHAEOLOGICAL RESOURCE.—The term ‘‘archaeological 

resource’’ means an archaeological resource (as defined in section 3 of the Archaeological Resources Protection Act of 1979 

(16 U.S.C. 470bb)) that is Native American. 

(2) CULTURAL AFFILIATION.—The term ‘‘cultural affiliation’’ 

means that there is a relationship of shared group identity 

that can be reasonably traced historically or prehistorically 

between a present day Indian Tribe or Native Hawaiian 

organization and an identifiable earlier group. 

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

1 or more cultural items (as defined in section 2 of the Native 

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

3001)). 

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

meaning given the term ‘‘Indian tribe’’ in section 2 of the 

Native American Graves Protection and Repatriation Act (25 

U.S.C. 3001). 

(5) ITEM PROHIBITED FROM EXPORTATION.—The term ‘‘Item 

Prohibited from Exportation’’ means— 

(A) a cultural item prohibited from being trafficked, 

including through sale, purchase, use for profit, or transport for sale or profit, by— 

(i) section 1170(b) of title 18, United States Code, 

as added by the Native American Graves Protection 

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

(ii) any other Federal law or treaty; and 

(B) an archaeological resource prohibited from being 

trafficked, including through sale, purchase, exchange, 

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

including in interstate or foreign commerce, by— 

(i) subsections (b) and (c) of section 6 of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 

470ee); or 

(ii) any other Federal law or treaty. 

(6) ITEM REQUIRING EXPORT CERTIFICATION.— 
H. R. 2930—3 

(A) IN GENERAL.—The term ‘‘Item Requiring Export 

Certification’’ means— 

(i) a cultural item; and 

(ii) an archaeological resource. 

(B) EXCLUSION.—The term ‘‘Item Requiring Export 

Certification’’ does not include an item described in clause 

(i) or (ii) of subparagraph (A) for which an Indian Tribe 

or Native Hawaiian organization with a cultural affiliation 

with the item has provided a certificate authorizing exportation of the item. 

(7) NATIVE AMERICAN.—The term ‘‘Native American’’ 

means— 

(A) Native American (as defined in section 2 of the 

Native American Graves Protection and Repatriation Act 

(25 U.S.C. 3001)); and 

(B) Native Hawaiian (as so defined). 

(8) NATIVE HAWAIIAN ORGANIZATION.—The term ‘‘Native 

Hawaiian organization’’ has the meaning given the term in 

section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001). 

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

of the Interior. 

(10) TANGIBLE CULTURAL HERITAGE.—The term ‘‘tangible 

cultural heritage’’ means— 

(A) Native American human remains; or 

(B) culturally, historically, or archaeologically significant objects, resources, patrimony, or other items that are 

affiliated with a Native American culture. 

SEC. 4. ENHANCED NAGPRA PENALTIES. 

Section 1170 of title 18, United States Code, is amended— 

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

‘‘10 years’’; and 

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

‘‘1 year and 1 day’’. 

SEC. 5. EXPORT PROHIBITIONS; EXPORT CERTIFICATION SYSTEM; 

INTERNATIONAL AGREEMENTS. 

(a) EXPORT PROHIBITIONS.— (1) IN GENERAL.—It shall be unlawful for any person— 

(A) to export, attempt to export, or otherwise transport 

from the United States any Item Prohibited from Exportation; 

(B) to conspire with any person to engage in an activity 

described in subparagraph (A); or 

(C) to conceal an activity described in subparagraph 

(A). 

(2) PENALTIES.—Any person who violates paragraph (1) 

and knows, or in the exercise of due care should have known, 

that the Item Prohibited from Exportation was taken, possessed, transported, or sold in violation of, or in a manner 

unlawful under, any Federal law or treaty, shall be fined in 

accordance with section 3571 of title 18, United States Code, 

imprisoned for not more than 1 year and 1 day for a first 

violation, and not more than 10 years for a second or subsequent violation, or both. 

(3) DETENTION, FORFEITURE, AND REPATRIATION.— 
H. R. 2930—4 

(A) DETENTION AND DELIVERY.—The Secretary of 

Homeland Security, acting through the Commissioner of 

U.S. Customs and Border Protection, shall— 

(i) detain any Item Prohibited from Exportation 

that is exported, attempted to be exported, or otherwise 

transported from the United States in violation of paragraph (1); and 

(ii) deliver the Item Prohibited from Exportation 

to the Secretary. 

(B) FORFEITURE.—Any Item Prohibited from Exportation that is exported, attempted to be exported, or otherwise transported from the United States in violation of 

paragraph (1) shall be subject to forfeiture to the United 

States in accordance with chapter 46 of title 18, United 

States Code (including section 983(c) of that chapter). 

(C) REPATRIATION.—Any Item Prohibited from Exportation that is forfeited under subparagraph (B) shall be 

expeditiously repatriated to the appropriate Indian Tribe 

or Native Hawaiian organization in accordance with, as 

applicable— 

(i) the Native American Graves Protection and 

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

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

by that Act); or 

(ii) the Archaeological Resources Protection Act 

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

(b) EXPORT CERTIFICATION SYSTEM.— 

(1) EXPORT CERTIFICATION REQUIREMENT.— 

(A) IN GENERAL.—No Item Requiring Export Certification may be exported from the United States without 

first having obtained an export certification in accordance 

with this subsection. 

(B) PUBLICATION.—The Secretary, in consultation with 

Indian Tribes and Native Hawaiian organizations, shall 

publish in the Federal Register a notice that includes— 

(i) a description of characteristics typical of Items 

Requiring Export Certification, which shall— 

(I) include the definitions of the terms— 

(aa) ‘‘cultural items’’ in section 2 of the 

Native American Graves Protection and Repatriation Act (25 U.S.C. 3001); and 

(bb) ‘‘archaeological resource’’ in section 

3 of the Archaeological Resources Protection 

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

(II) describe the provenance requirements 

associated with the trafficking prohibition 

applicable to— 

(aa) cultural items under section 1170(b) 

of title 18, United States Code; and 

(bb) archaeological resources under subsections (b) and (c) of section 6 of Archaeological Resources Protection Act of 1979 (16 

U.S.C. 470ee); 

(III)(aa) include the definitions of the terms 

‘‘Native American’’ and ‘‘Native Hawaiian’’ in section 2 of the Native American Graves Protection 

and Repatriation Act (25 U.S.C. 3001); and 
H. R. 2930—5 

(bb) describe how those terms apply to archaeological resources under this Act; and 

(IV) be sufficiently specific and precise to 

ensure that— 

(aa) an export certification is required only 

for Items Requiring Export Certification; and 

(bb) fair notice is given to exporters and 

other persons regarding which items require 

an export certification under this subsection; 

and 

(ii) a description of characteristics typical of items 

that do not qualify as Items Requiring Export Certification and therefore do not require an export certification under this subsection, which shall clarify that— 

(I) an item made solely for commercial purposes is presumed to not qualify as an Item 

Requiring Export Certification, unless an Indian 

Tribe or Native Hawaiian organization challenges 

that presumption; and 

(II) in some circumstances, receipts or certifications issued by Indian Tribes or Native 

Hawaiian organizations with a cultural affiliation 

with an item may be used as evidence to demonstrate a particular item does not qualify as an 

Item Requiring Export Certification. 

(2) ELIGIBILITY FOR EXPORT CERTIFICATION.—An Item 

Requiring Export Certification is eligible for an export certification under this subsection if— 

(A) the Item Requiring Export Certification is not 

under ongoing Federal investigation; 

(B) the export of the Item Requiring Export Certification would not otherwise violate any other provision of 

law; and 

(C) the Item Requiring Export Certification— 

(i) is not an Item Prohibited from Exportation; 

(ii) was excavated or removed pursuant to a permit 

issued under section 4 of the Archaeological Resources 

Protection Act of 1979 (16 U.S.C. 470cc) and in compliance with section 3(c) of the Native American Graves 

Protection and Repatriation Act (25 U.S.C. 3002(c)), 

if the permit for excavation or removal authorizes 

export; or 

(iii) is accompanied by written confirmation from 

the Indian Tribe or Native Hawaiian organization with 

authority to alienate the Item Requiring Export Certification that— 

(I) the exporter has a right of possession (as 

defined in section 2 of the Native American Graves 

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

of the Item Requiring Export Certification; or 

(II) the Indian Tribe or Native Hawaiian 

organization has relinquished title or control of 

the Item Requiring Export Certification in accordance with section 3 of the Native American Graves 

Protection and Repatriation Act (25 U.S.C. 3002). 

(3) EXPORT CERTIFICATION APPLICATION AND ISSUANCE

PROCEDURES.— 
H. R. 2930—6 

(A) APPLICATIONS FOR EXPORT CERTIFICATION.— 

(i) IN GENERAL.—An exporter seeking to export 

an Item Requiring Export Certification from the United 

States shall submit to the Secretary an export certification application in accordance with clause (iii). 

(ii) CONSEQUENCES OF FALSE STATEMENT.—Any 

willful or knowing false statement made on an export 

certification application form under clause (i) shall— 

(I) subject the exporter to criminal penalties 

pursuant to section 1001 of title 18, United States 

Code; and 

(II) prohibit the exporter from receiving an 

export certification for any Item Requiring Export 

Certification in the future unless the exporter submits additional evidence in accordance with 

subparagraph (B)(iii)(I). 

(iii) FORM OF EXPORT CERTIFICATION APPLICATION.—The Secretary, in consultation with Indian 

Tribes and Native Hawaiian organizations, and at the 

discretion of the Secretary, in consultation with third 

parties with relevant expertise, including institutions 

of higher education, museums, dealers, and collector 

organizations, shall develop an export certification 

application form, which shall require that an 

applicant— 

(I) describe, and provide pictures of, each Item 

Requiring Export Certification that the applicant 

seeks to export; 

(II) include all available information regarding 

the provenance of each such Item Requiring Export 

Certification; and 

(III) include the attestation described in 

subparagraph (B)(i). 

(B) EVIDENCE.— 

(i) IN GENERAL.—In completing an export certification application with respect to an Item Requiring 

Export Certification that the exporter seeks to export, 

the exporter shall attest that, to the best of the knowledge and belief of the exporter, the exporter is not 

attempting to export an Item Prohibited from Exportation. 

(ii) SUFFICIENCY OF ATTESTATION.—An attestation 

under clause (i) shall be considered to be sufficient 

evidence to support the application of the exporter 

under subparagraph (A)(iii)(III), on the condition that 

the exporter is not required to provide additional evidence under clause (iii)(I). 

(iii) ADDITIONAL REQUIREMENTS.— (I) IN GENERAL.—The Secretary shall give 

notice to an exporter that submits an export certification application under subparagraph (A)(i) that 

the exporter is required to submit additional evidence in accordance with subclause (III) if the 

Secretary has determined under subparagraph 

(A)(ii) that the exporter made a willful or knowing 

false statement on the application or any past 

export certification application. 
H. R. 2930—7 

(II) DELAYS OR DENIALS.—The Secretary shall 

give notice to an exporter that submits an export 

certification application under subparagraph (A)(i) 

that the exporter may submit additional evidence 

in accordance with subclause (III) if the issuance 

of an export certification is— 

(aa) delayed pursuant to the examination 

by the Secretary of the eligibility of the Item 

Requiring Export Certification for an export 

certification; or 

(bb) denied by the Secretary because the 

Secretary determined that the Item Requiring 

Export Certification is not eligible for an 

export certification under this subsection. 

(III) ADDITIONAL EVIDENCE.—On receipt of 

notice under subclause (I), an exporter shall, or 

on receipt of a notice under subclause (II), an 

exporter may, provide the Secretary with such 

additional evidence as the Secretary may require 

to establish that the Item Requiring Export Certification is eligible for an export certification under 

this subsection. 

(C) DATABASE APPLICATIONS.— 

(i) IN GENERAL.—The Secretary shall establish and 

maintain a secure central Federal database information system (referred to in this subparagraph as the 

‘‘database’’) for the purpose of making export certification applications available to Indian Tribes and 

Native Hawaiian organizations. 

(ii) COLLABORATION REQUIRED.—The Secretary 

shall collaborate with Indian Tribes, Native Hawaiian 

organizations, and the interagency working group convened under section 7(a) in the design and implementation of the database. 

(iii) AVAILABILITY.—Immediately on receipt of an 

export certification application, the Secretary shall 

make the export certification application available on 

the database. 

(iv) DELETION FROM DATABASE.—On request by an 

Indian Tribe or Native Hawaiian organization, the Secretary shall delete an export certification application 

from the database. 

(v) TECHNICAL ASSISTANCE.—If an Indian Tribe or 

Native Hawaiian organization lacks sufficient 

resources to access the database or respond to agency 

communications in a timely manner, the Secretary, 

in consultation with Indian Tribes and Native 

Hawaiian organizations, shall provide technical assistance to facilitate that access or response, as applicable. 

(D) ISSUANCE OF EXPORT CERTIFICATION.— 

(i) On receipt of an export certification application 

for an Item Requiring Export Certification that meets 

the requirements of subparagraphs (A) and (B), if the 

Secretary, in consultation with Indian Tribes and 

Native Hawaiian organizations with a cultural affiliation with the Item Requiring Export Certification, 
H. R. 2930—8 

determines that the Item Requiring Export Certification is eligible for an export certification under paragraph (2), the Secretary may issue an export certification for the Item Requiring Export Certification. 

(ii) On receipt of an export certification application 

for an Item Requiring Export Certification that meets 

the requirements of subparagraphs (A) and (B)— 

(I) the Secretary shall have 1 business day 

to notify the relevant Indian Tribes and Native 

Hawaiian Organizations of an application for 

export of an Item Requiring Export Certification; 

(II) Indian Tribes and Native Hawaiian 

organizations shall have 9 business days to review 

the export certification application; 

(III) if an Indian Tribe or Native Hawaiian 

organization notifies the Secretary that the Item 

Requiring Export Certification may not be eligible 

for an export certification under paragraph (2), 

the Secretary shall have 7 business days to review 

the application; 

(IV) if no Indian Tribe or Native Hawaiian 

organization so notifies the Secretary, the Secretary shall have 1 business day to review the 

application; 

(V) with notice to the exporter, the Secretary 

may extend the review of an application for up 

to 30 business days if credible evidence is provided 

that the Item Requiring Export Certification may 

not be eligible for an export certification under 

paragraph (2); and 

(VI) the Secretary shall make a determination 

to approve or deny the export certification application within the time allotted. 

(E) REVOCATION OF EXPORT CERTIFICATION.— 

(i) IN GENERAL.—If credible evidence is provided 

that indicates that an item that received an export 

certification under subparagraph (D) is not eligible 

for an export certification under paragraph (2), the 

Secretary may immediately revoke the export certification. 

(ii) DETERMINATION.—In determining whether a 

revocation is warranted under clause (i), the Secretary 

shall consult with Indian Tribes and Native Hawaiian 

organizations with a cultural affiliation with the 

affected Item Requiring Export Certification. 

(4) DETENTION, FORFEITURE, REPATRIATION, AND RETURN.— (A) DETENTION AND DELIVERY.—The Secretary of 

Homeland Security, acting through the Commissioner of 

U.S. Customs and Border Protection, shall— 

(i) detain any Item Requiring Export Certification 

that an exporter attempts to export or otherwise transport without an export certification; and 

(ii) deliver the Item Requiring Export Certification 

to the Secretary, for seizure by the Secretary. 

(B) FORFEITURE.—Any Item Requiring Export Certification that is detained under subparagraph (A)(i) shall 

be subject to forfeiture to the United States in accordance 
H. R. 2930—9 

with chapter 46 of title 18, United States Code (including 

section 983(c) of that chapter). 

(C) REPATRIATION OR RETURN TO EXPORTER.— 

(i) IN GENERAL.—Not later than 60 days after the 

date of delivery to the Secretary of an Item Requiring 

Export Certification under subparagraph (A)(ii), the 

Secretary shall determine whether the Item Requiring 

Export Certification is an Item Prohibited from Exportation. 

(ii) REPATRIATION.—If an Item Requiring Export 

Certification is determined by the Secretary to be an 

Item Prohibited from Exportation and is forfeited 

under subparagraph (B), the item shall be expeditiously repatriated to the appropriate Indian Tribe or 

Native Hawaiian organization in accordance with, as 

applicable— 

(I) the Native American Graves Protection and 

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

section 1170 of title 18, United States Code, as 

added by that Act); or 

(II) the Archaeological Resources Protection 

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

(iii) RETURN TO EXPORTER.— 

(I) IN GENERAL.—If the Secretary determines 

that credible evidence does not establish that the 

Item Requiring Export Certification is an Item 

Prohibited from Exportation, or if the Secretary 

does not complete the determination by the deadline described in clause (i), the Secretary shall 

return the Item Requiring Export Certification to 

the exporter. 

(II) EFFECT.—The return of an Item Requiring 

Export Certification to an exporter under subclause (I) shall not mean that the Item Requiring 

Export Certification is eligible for an export certification under this subsection. 

(5) PENALTIES.— (A) ITEMS REQUIRING EXPORT CERTIFICATION.— (i) IN GENERAL.—It shall be unlawful for any person to export, attempt to export, or otherwise transport 

from the United States any Item Requiring Export 

Certification without first obtaining an export certification. 

(ii) PENALTIES.—Except as provided in subparagraph (D), any person who violates clause (i) shall 

be— 

(I) assessed a civil penalty in accordance with 

such regulations as the Secretary promulgates 

pursuant to section 10; and 

(II) subject to any other applicable penalties 

under this Act. 

(B) ITEMS PROHIBITED FROM EXPORTATION.—Whoever 

exports an Item Prohibited from Exportation without first 

securing an export certification shall be liable for a civil 

money penalty, the amount of which shall equal the total 

cost of storing and repatriating the Item Prohibited from 

Exportation. 
H. R. 2930—10 

(C) USE OF FINES COLLECTED.—Any amounts collected 

by the Secretary as a civil penalty under subparagraph 

(A)(ii)(I) or (B) shall be credited to the currently applicable 

appropriation, account, or fund of the Department of the 

Interior as discretionary offsetting collections and shall 

be available only to the extent and in the amounts provided 

in advance in appropriations Acts— 

(i) to process export certification applications under 

this subsection; and 

(ii) to store and repatriate the Item Prohibited 

from Exportation. 

(D) VOLUNTARY RETURN.— 

(i) IN GENERAL.—Any person who attempts to 

export or otherwise transport from the United States 

an Item Requiring Export Certification without first 

obtaining an export certification, but voluntarily 

returns the Item Requiring Export Certification, or 

directs the Item Requiring Export Certification to be 

returned, to the appropriate Indian Tribe or Native 

Hawaiian organization in accordance with section 6 

prior to the commencement of an active Federal investigation shall not be prosecuted for a violation of 

subparagraph (A) with respect to the Item Requiring 

Export Certification. 

(ii) ACTIONS NOT COMMENCING A FEDERAL INVESTIGATION.—For purposes of clause (i), the following 

actions shall not be considered to be actions that commence an active Federal investigation: 

(I) The submission by the exporter of an export 

certification application for the Item Requiring 

Export Certification under paragraph (3)(A)(i). 

(II) The detention of the Item Requiring 

Export Certification by the Secretary of Homeland 

Security, acting through the Commissioner of U.S. 

Customs and Border Protection, under paragraph 

(4)(A)(i). 

(III) The delivery to the Secretary of the Item 

Requiring Export Certification by the Secretary 

of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, 

under paragraph (4)(A)(ii). 

(IV) The seizure by the Secretary of the Item 

Requiring Export Certification under paragraph 

(4)(A)(ii). 

(6) FEES.— 

(A) IN GENERAL.—The Secretary may assess reasonable 

fees to process export certification applications under this 

subsection, subject to subparagraph (B). 

(B) AVAILABILITY OF AMOUNTS COLLECTED.—Fees 

authorized under subparagraph (A) shall be collected and 

available only to the extent and in the amounts provided 

in advance in appropriations Acts. 

(7) ADMINISTRATIVE APPEAL.—If the Secretary denies an 

export certification or an Item Requiring Export Certification 

is detained under this subsection, the exporter, on request, 

shall be given a hearing on the record in accordance with 
H. R. 2930—11 

such rules and regulations as the Secretary promulgates pursuant to section 10. 

(8) TRAINING.— 

(A) IN GENERAL.—The Secretary, the Secretary of State, 

the Attorney General, and the heads of all other relevant 

Federal agencies shall require all appropriate personnel 

to participate in training regarding applicable laws and 

consultations to facilitate positive government-to-government interactions with Indian Tribes and Native Hawaiian 

Organizations. 

(B) U.S. CUSTOMS AND BORDER PROTECTION TRAINING.— 

The Secretary of Homeland Security, acting through the 

Commissioner of U.S. Customs and Border Protection, shall 

require all appropriate personnel of U.S. Customs and 

Border Protection to participate in training provided by 

the Secretary of the Interior or an Indian Tribe or Native 

Hawaiian organization to assist the personnel in identifying, handling, and documenting in a culturally sensitive 

manner Items Requiring Export Certification for purposes 

of this Act. 

(C) CONSULTATION.—In developing or modifying and 

delivering trainings under subparagraphs (A) and (B), the 

applicable heads of Federal agencies shall consult with 

Indian Tribes and Native Hawaiian organizations. 

(c) AGREEMENTS TO REQUEST RETURN FROM FOREIGN COUNTRIES.—The President may request from foreign nations agreements 

that specify concrete measures that the foreign nation will carry 

out— 

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

Prohibited from Exportation; 

(2) to encourage the voluntary return of tangible cultural 

heritage; and 

(3) to expand the market for the products of Indian art 

and craftsmanship in accordance with section 2 of the Act 

of August 27, 1935 (49 Stat. 891, chapter 748; 25 U.S.C. 305a) 

(commonly known as the ‘‘Indian Arts and Crafts Act’’). 

SEC. 6. VOLUNTARY RETURN OF TANGIBLE CULTURAL HERITAGE. 

(a) LIAISON.—The Secretary and the Secretary of State shall 

each designate a liaison to facilitate the voluntary return of tangible 

cultural heritage. 

(b) TRAININGS AND WORKSHOPS.—The liaisons designated under 

subsection (a) shall offer to representatives of Indian Tribes and 

Native Hawaiian organizations and collectors, dealers, and other 

individuals and organizations trainings and workshops regarding 

the voluntary return of tangible cultural heritage. 

(c) REFERRALS.— 

(1) IN GENERAL.—The Secretary shall refer individuals and 

organizations to 1 or more Indian Tribes and Native Hawaiian 

organizations with a cultural affiliation to tangible cultural 

heritage for the purpose of facilitating the voluntary return 

of tangible cultural heritage. 

(2) REFERRAL REPRESENTATIVES.—The Secretary shall compile a list of representatives from each Indian Tribe and Native 

Hawaiian organization for purposes of referral under paragraph 

(1). 
H. R. 2930—12 

(3) CONSULTATION.—The Secretary shall consult with 

Indian Tribes, Native Hawaiian organizations, and the Native 

working group convened under section 8(a) before making a 

referral under paragraph (1). 

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

parties with relevant expertise, including institutions of higher 

education, museums, dealers, and collector organizations, in 

determining to which Indian Tribe or Native Hawaiian 

organization an individual or organization should be referred 

under paragraph (1). 

(d) LEGAL LIABILITY.—Nothing in this section imposes on any 

individual or entity any additional penalties or legal liability. 

(e) TAX DOCUMENTATION.—In facilitating the voluntary return 

of tangible cultural heritage under this section, the Secretary shall 

include provision of tax documentation for a deductible gift to 

an Indian Tribe or Native Hawaiian organization, if the recipient 

Indian Tribe or Native Hawaiian organization consents to the provision of tax documentation. 

(f) REPATRIATION UNDER NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT.—The voluntary return provisions of 

this section shall apply to a specific item of tangible cultural heritage only to the extent that the repatriation provisions under section 

7 of the Native American Graves Protection and Repatriation Act 

(25 U.S.C. 3005) do not apply to the item of tangible cultural 

heritage. 

SEC. 7. INTERAGENCY WORKING GROUP. 

(a) IN GENERAL.—The Secretary shall designate a coordinating 

office to convene an interagency working group consisting of representatives from the Departments of the Interior, Justice, State, 

and Homeland Security. 

(b) GOALS.—The goals of the interagency working group convened under subsection (a) are— 

(1) to facilitate the repatriation to Indian Tribes and Native 

Hawaiian organizations of items that have been illegally 

removed or trafficked in violation of applicable law; 

(2) to protect tangible cultural heritage, cultural items, 

and archaeological resources still in the possession of Indian 

Tribes and Native Hawaiian organizations; and 

(3) to improve the implementation by the applicable Federal 

agencies of— 

(A) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) (including section 

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

Act); 

(B) the Archaeological Resources Protection Act of 1979 

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

(C) other relevant Federal laws. 

(c) RESPONSIBILITIES.—The interagency working group convened under subsection (a) shall— 

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

made by this Act, including by aiding in— 

(A) the voluntary return of tangible cultural heritage 

under section 6; and 

(B) halting international sales of items that are prohibited from being trafficked under Federal law; and 

(2) collaborate with— 
H. R. 2930—13 

(A) the Native working group convened under section 

8(a); 

(B) the review committee established under section 

8(a) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3006(a)); 

(C) the Cultural Heritage Coordinating Committee 

established pursuant to section 2 of the Protect and Preserve International Cultural Property Act (Public Law 114– 

151; 19 U.S.C. 2601 note); and 

(D) any other relevant committees and working groups. 

SEC. 8. NATIVE WORKING GROUP. 

(a) IN GENERAL.—The Secretary shall convene a Native working 

group consisting of not fewer than 12 representatives of Indian 

Tribes and Native Hawaiian organizations with relevant expertise, 

who shall be nominated by Indian Tribes and Native Hawaiian 

organizations, to advise the Federal Government in accordance 

with this section. 

(b) RECOMMENDATIONS.—The Native working group convened 

under subsection (a) may provide recommendations regarding— 

(1) the voluntary return of tangible cultural heritage by 

collectors, dealers, and other individuals and non-Federal 

organizations that hold such tangible cultural heritage; and 

(2) the elimination of illegal commerce of cultural items 

and archaeological resources in the United States and foreign 

markets. 

(c) REQUESTS.—The Native working group convened under subsection (a) may make formal requests to initiate certain agency 

actions, including requests that— 

(1) the Department of Justice initiate judicial proceedings 

domestically or abroad to aid in the repatriation cultural items 

and archaeological resources; and 

(2) the Department of State initiate dialogue through diplomatic channels to aid in that repatriation. 

(d) AGENCY AND COMMITTEE ASSISTANCE.— 

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

convened under subsection (a), the agencies and committees 

described in paragraph (2) shall make efforts to provide 

information and assistance to the Native working group. 

(2) DESCRIPTION OF AGENCIES AND COMMITTEES.—The agencies and committees referred to in paragraph (1) are the following: 

(A) The Department of the Interior. 

(B) The Department of Justice. 

(C) The Department of Homeland Security. 

(D) The Department of State. 

(E) The review committee established under section 

8(a) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3006(a)). 

(F) The Cultural Heritage Coordinating Committee 

established pursuant to section 2 of the Protect and Preserve International Cultural Property Act (Public Law 114– 

151; 19 U.S.C. 2601 note). 

(G) Any other relevant Federal agency, committee, or 

working group. 
H. R. 2930—14 

(e) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.— 

The Federal Advisory Committee Act (5 U.S.C. App.) shall not 

apply to the Native working group convened under subsection (a). 

SEC. 9. TREATMENT UNDER FREEDOM OF INFORMATION ACT. 

(a) IN GENERAL.—Except as provided in subsection (c), the 

following information shall be exempt from disclosure under section 

552 of title 5, United States Code: 

(1) Information that a representative of an Indian Tribe 

or Native Hawaiian organization— 

(A) submits to a Federal agency pursuant to this Act 

or an amendment made by this Act; and 

(B) designates as sensitive or private according to 

Native American custom, law, culture, or religion. 

(2) Information that any person submits to a Federal 

agency pursuant to this Act or an amendment made by this 

Act that relates to an item for which an export certification 

is denied under this Act. 

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

shall be considered a statute described in section 552(b)(3)(B) of 

title 5, United States Code. 

(c) EXCEPTION.—An Indian Tribe or Native Hawaiian organization may request and shall receive its own information, as described 

in subsection (a), from the Federal agency to which the Indian 

Tribe or Native Hawaiian organization submitted the information. 

SEC. 10. REGULATIONS. 

Not later than 1 year after the date of enactment of this 

Act, the Secretary, in consultation with the Secretary of State, 

the Secretary of Homeland Security, and the Attorney General, 

and after consultation with Indian Tribes and Native Hawaiian 

organizations, shall promulgate rules and regulations to carry out 

this Act. 

SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

There is authorized to be appropriated to carry out this Act 

$3,000,000 for each of fiscal years 2022 through 2027. 

SEC. 12. DETERMINATION OF BUDGETARY EFFECTS. 

The budgetary effects of this Act, for the purpose of complying 

with the Statutory Pay-As-You-Go Act of 2010, shall be determined 

by reference to the latest statement titled ‘‘Budgetary Effects of 

PAYGO Legislation’’ for this Act, submitted for printing in the 
H. R. 2930—15 

Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior 

to the vote on passage. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.