SEC. 8. NATIVE WORKING GROUP. 
(a) IN GENERAL.—The Secretary shall convene a Na-
tive working group consisting of not fewer than 12 rep-
resentatives of Indian Tribes and Native Hawaiian organi-
zations with relevant expertise, who shall be nominated by 
Indian Tribes and Native Hawaiian organizations, to ad-
vise the Federal Government in accordance with this sec-
tion. 
(b) RECOMMENDATIONS.—The Native working group 
convened under subsection (a) may provide recommenda-
tions regarding— 
(1) the voluntary return of tangible cultural 
heritage by collectors, dealers, and other individuals 
and non-Federal organizations that hold such tan-
gible cultural heritage; and 
(2) the elimination of illegal commerce of cul-
tural 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 re-
patriation cultural items and archaeological re-
sources; and 
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(2) the Department of State initiate dialogue 
through diplomatic channels to aid in that repatri-
ation. 
(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 assist-
ance to the Native working group. 
(2) DESCRIPTION OF AGENCIES AND COMMIT-
TEES.—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 Secu-
rity. 
(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 
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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 COM-
MITTEE 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 disclo-
sure under section 552 of title 5, United States Code: 
(1) Information that a representative of an In-
dian 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 ac-
cording to Native American custom, law, cul-
ture, or religion. 
(2) Information that any person submits to a 
Federal agency pursuant to this Act or an amend-
ment made by this Act that relates to an item for 
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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 Hawai-
ian organization may request and shall receive its own in-
formation, as described in subsection (a), from the Federal 
agency to which the Indian Tribe or Native Hawaiian or-
ganization submitted the information. 
SEC. 10. REGULATIONS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Secretary, in consulta-
tion with the Secretary of State, the Secretary of Home-
land Security, and the Attorney General, and after con-
sultation with Indian Tribes and Native Hawaiian organi-
zations, shall promulgate rules and regulations to carry 
out this Act. 
(b) INCLUSION.—The regulations promulgated by the 
Secretary pursuant to subsection (a) shall include a rea-
sonable deadline by which the Secretary shall approve or 
deny an export certification application under section 5(b). 
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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. 
Æ 
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