II 
117TH CONGRESS 
1ST SESSION H. R. 2930 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 7, 2021 
Received 
AN ACT 
To enhance protections of Native American tangible cultural 
heritage, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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(C) confirming the authority of the Presi-
dent to request from foreign nations agree-
ments or provisional measures to prevent irre-
mediable 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 Amer-
ican 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 In-
dian Tribes and Native Hawaiian organizations to 
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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 Fed-
eral 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 pursu-
ant to this Act; and 
(B) information relating to an Item Re-
quiring Export Certification for which an export 
certification was denied pursuant to this Act; 
and 
(8) to encourage buyers to purchase legal con-
temporary 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 Archae-
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ological Resources Protection Act of 1979 (16 
U.S.C. 470bb)) that is Native American. 
(2) CULTURAL AFFILIATION.—The term ‘‘cul-
tural 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 orga-
nization and an identifiable earlier group. 
(3) CULTURAL
ITEM.—The term ‘‘cultural 
item’’ means any 1 or more cultural items (as de-
fined 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 Amer-
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ican 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 Protec-
tion Act of 1979 (16 U.S.C. 470ee); or 
(ii) any other Federal law or treaty. 
(6) 
ITEM
REQUIRING
EXPORT
CERTIFI-
CATION.— 
(A) IN
GENERAL.—The term ‘‘Item Re-
quiring Export Certification’’ means— 
(i) a cultural item; and 
(ii) an archaeological resource. 
(B) EXCLUSION.—The term ‘‘Item Requir-
ing Export Certification’’ does not include an 
item described in clause (i) or (ii) of subpara-
graph (A) for which an Indian Tribe or Native 
Hawaiian organization with a cultural affili-
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ation 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 mean-
ing given the term in section 2 of the Native Amer-
ican 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— 
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(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 other-
wise 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 sub-
paragraph (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 
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paragraph (B) shall be expeditiously repatriated 
to the appropriate Indian Tribe or Native Ha-
waiian organization in accordance with, as ap-
plicable— 
(i) the Native American Graves Pro-
tection 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 Pro-
tection Act of 1979 (16 U.S.C. 470aa et 
seq.). 
(b) EXPORT CERTIFICATION SYSTEM.— 
(1) EXPORT CERTIFICATION REQUIREMENT.— 
(A) IN GENERAL.—No Item Requiring Ex-
port Certification may be exported from the 
United States without first having obtained an 
export certification in accordance with this sub-
section. 
(B) PUBLICATION.—The Secretary, in con-
sultation with Indian Tribes and Native Hawai-
ian organizations, shall publish in the Federal 
Register a notice that includes— 
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(i) a description of characteristics typ-
ical of Items Requiring Export Certifi-
cation, which shall— 
(I) include the definitions of the 
terms— 
(aa) ‘‘cultural items’’ in sec-
tion 2 of the Native American 
Graves Protection and Repatri-
ation Act (25 U.S.C. 3001); and 
(bb) 
‘‘archaeological 
re-
source’’ in section 3 of the Ar-
chaeological Resources Protection 
Act of 1979 (16 U.S.C. 470bb); 
(II) describe the provenance re-
quirements associated with the traf-
ficking 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 Re-
sources Protection Act of 1979 
(16 U.S.C. 470ee); 
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(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 Requir-
ing Export Certification; and 
(bb) fair notice is given to 
exporters and other persons re-
garding 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 certifi-
cation under this subsection, which shall 
clarify that— 
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(I) an item made solely for com-
mercial purposes is presumed to not 
qualify as an Item Requiring Export 
Certification, unless an Indian Tribe 
or Native Hawaiian organization chal-
lenges that presumption; and 
(II) in some circumstances, re-
ceipts or certifications issued by In-
dian Tribes or Native Hawaiian orga-
nizations with a cultural affiliation 
with an item may be used as evidence 
to demonstrate a particular item does 
not qualify as an Item Requiring Ex-
port Certification. 
(2) 
ELIGIBILITY
FOR
EXPORT
CERTIFI-
CATION.—An Item Requiring Export Certification is 
eligible for an export certification under this sub-
section if— 
(A) the Item Requiring Export Certifi-
cation is not under ongoing Federal investiga-
tion; 
(B) the export of the Item Requiring Ex-
port Certification would not otherwise violate 
any other provision of law; and 
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(C) the Item Requiring Export Certifi-
cation— 
(i) is not an Item Prohibited from Ex-
portation; 
(ii) was excavated or removed pursu-
ant 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 Repatri-
ation Act (25 U.S.C. 3002(c)), if the per-
mit for excavation or removal authorizes 
export; or 
(iii) is accompanied by written con-
firmation from the Indian Tribe or Native 
Hawaiian organization with authority to 
alienate the Item Requiring Export Certifi-
cation that— 
(I) the exporter has a right of 
possession (as defined in section 2 of 
the Native American Graves Protec-
tion and Repatriation Act (25 U.S.C. 
3001)) of the Item Requiring Export 
Certification; or 
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(II) the Indian Tribe or Native 
Hawaiian 
organization 
has 
relin-
quished title or control of the Item 
Requiring Export Certification in ac-
cordance with section 3 of the Native 
American Graves Protection and Re-
patriation Act (25 U.S.C. 3002). 
(3) EXPORT CERTIFICATION APPLICATION AND 
ISSUANCE PROCEDURES.— 
(A) APPLICATIONS FOR EXPORT CERTIFI-
CATION.— 
(i) IN GENERAL.—An exporter seek-
ing to export an Item Requiring Export 
Certification from the United States shall 
submit to the Secretary an export certifi-
cation application in accordance with 
clause (iii). 
(ii) CONSEQUENCES OF FALSE STATE-
MENT.—Any willful or knowing false state-
ment made on an export certification appli-
cation form under clause (i) shall— 
(I) subject the exporter to crimi-
nal penalties pursuant to section 1001 
of title 18, United States Code; and 
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(II) prohibit the exporter from 
receiving an export certification for 
any Item Requiring Export Certifi-
cation in the future unless the ex-
porter submits additional evidence in 
accordance 
with 
subparagraph 
(B)(iii)(I). 
(iii) FORM OF EXPORT CERTIFICATION 
APPLICATION.—The Secretary, in consulta-
tion with Indian Tribes and Native Hawai-
ian 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 appli-
cant— 
(I) describe, and provide pictures 
of, each Item Requiring Export Cer-
tification that the applicant seeks to 
export; 
(II) include all available informa-
tion regarding the provenance of each 
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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 ex-
porter may, provide the Secretary 
with such additional evidence as the 
Secretary may require to establish 
that the Item Requiring Export Cer-
tification is eligible for an export cer-
tification under this subsection. 
(C) DATABASE APPLICATIONS.— 
(i) IN GENERAL.—The Secretary shall 
establish and maintain a secure central 
Federal database information system (re-
ferred to in this subparagraph as the 
‘‘database’’) for the purpose of making ex-
port certification applications available to 
Indian Tribes and Native Hawaiian organi-
zations. 
(ii) COLLABORATION REQUIRED.—The 
Secretary shall collaborate with Indian 
Tribes, Native Hawaiian organizations, 
and the interagency working group con-
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vened under section 7(a) in the design and 
implementation of the database. 
(iii) AVAILABILITY.—Immediately on 
receipt of an export certification applica-
tion, the Secretary shall make the export 
certification application available on the 
database. 
(iv) DELETION FROM DATABASE.—On 
request by an Indian Tribe or Native Ha-
waiian organization, the Secretary shall de-
lete an export certification application from 
the database. 
(v) TECHNICAL
ASSISTANCE.—If an 
Indian Tribe or Native Hawaiian organiza-
tion lacks sufficient resources to access the 
database or respond to agency communica-
tions in a timely manner, the Secretary, in 
consultation with Indian Tribes and Native 
Hawaiian organizations, shall provide tech-
nical assistance to facilitate that access or 
response, as applicable. 
(D) 
ISSUANCE
OF
EXPORT
CERTIFI-
CATION.— 
(i) On receipt of an export certifi-
cation application for an Item Requiring 
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Export Certification that meets the re-
quirements of subparagraphs (A) and (B), 
if the Secretary, in consultation with In-
dian Tribes and Native Hawaiian organiza-
tions with a cultural affiliation with the 
Item Requiring Export Certification, deter-
mines that the Item Requiring Export Cer-
tification is eligible for an export certifi-
cation under paragraph (2), the Secretary 
may issue an export certification for the 
Item Requiring Export Certification. 
(ii) On receipt of an export certifi-
cation application for an Item Requiring 
Export Certification that meets the re-
quirements of subparagraphs (A) and 
(B)— 
(I) the Secretary shall have 1 
business day to notify the relevant In-
dian Tribes and Native Hawaiian Or-
ganizations of an application for ex-
port of an Item Requiring Export 
Certification; 
(II) Indian Tribes and Native 
Hawaiian organizations shall have 9 
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business days to review the export cer-
tification application; 
(III) if an Indian Tribe or Native 
Hawaiian organization notifies the 
Secretary that the Item Requiring Ex-
port Certification may not be eligible 
for an export certification under para-
graph (2), the Secretary shall have 7 
business days to review the applica-
tion; 
(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 busi-
ness days if credible evidence is pro-
vided that the Item Requiring Export 
Certification may not be eligible for 
an export certification under para-
graph (2); and 
(VI) the Secretary shall make a 
determination to approve or deny the 
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export certification application within 
the time allotted. 
(E) REVOCATION
OF
EXPORT
CERTIFI-
CATION.— 
(i) IN GENERAL.—If credible evidence 
is provided that indicates that an item that 
received an export certification under sub-
paragraph (D) is not eligible for an export 
certification under paragraph (2), the Sec-
retary may immediately revoke the export 
certification. 
(ii) 
DETERMINATION.—In 
deter-
mining whether a revocation is warranted 
under clause (i), the Secretary shall con-
sult with Indian Tribes and Native Hawai-
ian 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— 
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(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 sub-
paragraph (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
EX-
PORTER.— 
(i) IN GENERAL.—Not later than 60 
days after the date of delivery to the Sec-
retary of an Item Requiring Export Cer-
tification 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 Re-
quiring Export Certification is determined 
by the Secretary to be an Item Prohibited 
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from Exportation and is forfeited under 
subparagraph (B), the item shall be expe-
ditiously repatriated to the appropriate In-
dian Tribe or Native Hawaiian organiza-
tion in accordance with, as applicable— 
(I) the Native American Graves 
Protection and Repatriation Act (25 
U.S.C. 3001 et seq.) (including sec-
tion 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 Sec-
retary determines that credible evi-
dence 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 de-
scribed in clause (i), the Secretary 
shall return the Item Requiring Ex-
port Certification to the exporter. 
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(II) EFFECT.—The return of an 
Item Requiring Export Certification 
to an exporter under subclause (I) 
shall not mean that the Item Requir-
ing Export Certification is eligible for 
an export certification under this sub-
section. 
(5) PENALTIES.— 
(A) ITEMS
REQUIRING
EXPORT
CERTIFI-
CATION.— 
(i) IN GENERAL.—It shall be unlawful 
for any person to export, attempt to ex-
port, or otherwise transport from the 
United States any Item Requiring Export 
Certification without first obtaining an ex-
port certification. 
(ii) PENALTIES.—Except as provided 
in subparagraph (D), any person who vio-
lates clause (i) shall be— 
(I) assessed a civil penalty in ac-
cordance with such regulations as the 
Secretary promulgates pursuant to 
section 10; and 
(II) subject to any other applica-
ble penalties under this Act. 
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(B) ITEMS
PROHIBITED
FROM
EXPOR-
TATION.—Whoever exports an Item Prohibited 
from Exportation without first securing an ex-
port 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 ap-
propriation, account, or fund of the Department 
of the Interior as discretionary offsetting collec-
tions and shall be available only to the extent 
and in the amounts provided in advance in ap-
propriations Acts— 
(i) to process export certification ap-
plications under this subsection; and 
(ii) to store and repatriate the Item 
Prohibited from Exportation. 
(D) VOLUNTARY RETURN.— 
(i) IN GENERAL.—Any person who at-
tempts to export or otherwise transport 
from the United States an Item Requiring 
Export Certification without first obtaining 
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an export certification, but voluntarily re-
turns the Item Requiring Export Certifi-
cation, or directs the Item Requiring Ex-
port Certification to be returned, to the ap-
propriate Indian Tribe or Native Hawaiian 
organization in accordance with section 6 
prior to the commencement of an active 
Federal investigation shall not be pros-
ecuted 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 ex-
porter of an export certification appli-
cation 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, act-
ing through the Commissioner of U.S. 
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Customs 
and 
Border 
Protection, 
under paragraph (4)(A)(i). 
(III) The delivery to the Sec-
retary of the Item Requiring Export 
Certification by the Secretary of 
Homeland Security, acting through 
the Commissioner of U.S. Customs 
and Border Protection, under para-
graph (4)(A)(ii). 
(IV) The seizure by the Secretary 
of the Item Requiring Export Certifi-
cation under paragraph (4)(A)(ii). 
(6) FEES.— 
(A) IN GENERAL.—The Secretary may as-
sess reasonable fees to process export certifi-
cation applications under this subsection, sub-
ject to subparagraph (B). 
(B) AVAILABILITY
OF
AMOUNTS
COL-
LECTED.—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 sub-
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section, the exporter, on request, shall be given a 
hearing on the record in accordance with such rules 
and regulations as the Secretary promulgates pursu-
ant to section 10. 
(8) TRAINING.— 
(A) IN GENERAL.—The Secretary, the Sec-
retary of State, the Attorney General, and the 
heads of all other relevant Federal agencies 
shall require all appropriate personnel to par-
ticipate in training regarding applicable laws 
and consultations to facilitate positive govern-
ment-to-government interactions with Indian 
Tribes and Native Hawaiian Organizations. 
(B) U.S. CUSTOMS AND BORDER PROTEC-
TION TRAINING.—The Secretary of Homeland 
Security, acting through the Commissioner of 
U.S. Customs and Border Protection, shall re-
quire 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 man-
ner Items Requiring Export Certification for 
purposes of this Act. 
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(C) CONSULTATION.—In developing or 
modifying and delivering trainings under sub-
paragraphs (A) and (B), the applicable heads of 
Federal agencies shall consult with Indian 
Tribes and Native Hawaiian organizations. 
(c) AGREEMENTS TO REQUEST RETURN FROM FOR-
EIGN COUNTRIES.—The President may request from for-
eign 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 tan-
gible 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 vol-
untary return of tangible cultural heritage. 
(b) TRAININGS AND WORKSHOPS.—The liaisons des-
ignated under subsection (a) shall offer to representatives 
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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 in-
dividuals 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 Sec-
retary 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 con-
sult with Indian Tribes, Native Hawaiian organiza-
tions, and the Native working group convened under 
section 8(a) before making a referral under para-
graph (1). 
(4) THIRD-PARTY
EXPERTS.—The Secretary 
may use third parties with relevant expertise, includ-
ing institutions of higher education, museums, deal-
ers, and collector organizations, in determining to 
which Indian Tribe or Native Hawaiian organization 
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an individual or organization should be referred 
under paragraph (1). 
(d) LEGAL LIABILITY.—Nothing in this section im-
poses on any individual or entity any additional penalties 
or legal liability. 
(e) TAX DOCUMENTATION.—In facilitating the vol-
untary return of tangible cultural heritage under this sec-
tion, the Secretary shall include provision of tax docu-
mentation for a deductible gift to an Indian Tribe or Na-
tive 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 vol-
untary return provisions of this section shall apply to a 
specific item of tangible cultural heritage only to the ex-
tent 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 cul-
tural 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. 
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(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 vio-
lation of applicable law; 
(2) to protect tangible cultural heritage, cul-
tural items, and archaeological resources still in the 
possession of Indian Tribes and Native Hawaiian or-
ganizations; and 
(3) to improve the implementation by the appli-
cable 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 Protec-
tion 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— 
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(A) the voluntary return of tangible cul-
tural 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 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-
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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 
(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 
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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 
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 
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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 
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-
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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. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary, in consultation with the Sec-
retary of State, the Secretary of Homeland Security, and 
the Attorney General, and after consultation with Indian 
Tribes and Native Hawaiian organizations, shall promul-
gate 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, pro-
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vided that such statement has been submitted prior to the 
vote on passage. 
Passed the House of Representatives December 2, 
2021. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
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