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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2930 Enrolled Bill (ENR)]

        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), 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.--
            (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.--
            (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
                    (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.--
            (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.
                    (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, 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 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.
            (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 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).
        (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--
            (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.
    (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 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.
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