SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Safeguard Tribal Ob-
jects 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 inter-
national 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 ar-
chaeological resources prohibited from being traf-
ficked 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 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
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-
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-
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-
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—
(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
10 years for a second or subsequent violation, or 
both. 
(3) DETENTION, FORFEITURE, AND REPATRI-
ATION.— 
(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 sub-
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—
(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);
(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—
(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
(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
(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
such Item Requiring Export Certifi-
cation; and 
(III) include the attestation de-
scribed 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 ex-
porter 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 sup-
port 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 appli-
cation under subparagraph (A)(i) that
the exporter is required to submit ad-
ditional evidence in accordance with 
subclause (III) if the Secretary has 
determined 
under 
subparagraph 
(A)(ii) that the exporter made a will-
ful or knowing false statement on the 
application or any past export certifi-
cation application. 
(II) DELAYS OR DENIALS.—The 
Secretary shall give notice to an ex-
porter that submits an export certifi-
cation 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 Requir-
ing 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 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-
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
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
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
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—
(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
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.
(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.
(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
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.
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-