H. R. 2930—9 
with chapter 46 of title 18, United States Code (including 
section 983(c) of that chapter). 
(C) REPATRIATION OR RETURN TO EXPORTER.— 
(i) IN GENERAL.—Not later than 60 days after the 
date of delivery to the Secretary of an Item Requiring 
Export Certification under subparagraph (A)(ii), the 
Secretary shall determine whether the Item Requiring 
Export Certification is an Item Prohibited from Expor-
tation. 
(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 expedi-
tiously 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 dead-
line 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 sub-
clause (I) shall not mean that the Item Requiring 
Export Certification is eligible for an export certifi-
cation under this subsection. 
(5) PENALTIES.— 
(A) ITEMS REQUIRING EXPORT CERTIFICATION.— 
(i) IN GENERAL.—It shall be unlawful for any per-
son to export, attempt to export, or otherwise transport 
from the United States any Item Requiring Export 
Certification without first obtaining an export certifi-
cation. 
(ii) PENALTIES.—Except as provided in subpara-
graph (D), any person who violates clause (i) shall 
be— 
(I) assessed a civil penalty in accordance with 
such regulations as the Secretary promulgates 
pursuant to section 10; and 
(II) subject to any other applicable penalties 
under this Act. 
(B) ITEMS PROHIBITED FROM EXPORTATION.—Whoever 
exports an Item Prohibited from Exportation without first 
securing an export certification shall be liable for a civil 
money penalty, the amount of which shall equal the total 
cost of storing and repatriating the Item Prohibited from 
Exportation.
H. R. 2930—10 
(C) USE OF FINES COLLECTED.—Any amounts collected 
by the Secretary as a civil penalty under subparagraph 
(A)(ii)(I) or (B) shall be credited to the currently applicable 
appropriation, account, or fund of the Department of the 
Interior as discretionary offsetting collections and shall 
be available only to the extent and in the amounts provided 
in advance in appropriations Acts— 
(i) to process export certification applications under 
this subsection; and 
(ii) to store and repatriate the Item Prohibited 
from Exportation. 
(D) VOLUNTARY RETURN.— 
(i) IN
GENERAL.—Any person who attempts to 
export or otherwise transport from the United States 
an Item Requiring Export Certification without first 
obtaining an export certification, but voluntarily 
returns the Item Requiring Export Certification, or 
directs the Item Requiring Export Certification to be 
returned, to the appropriate Indian Tribe or Native 
Hawaiian organization in accordance with section 6 
prior to the commencement of an active Federal inves-
tigation shall not be prosecuted for a violation of 
subparagraph (A) with respect to the Item Requiring 
Export Certification. 
(ii) ACTIONS NOT COMMENCING A FEDERAL INVES-
TIGATION.—For purposes of clause (i), the following 
actions shall not be considered to be actions that com-
mence 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 Commis-
sioner of U.S. Customs and Border Protection, 
under paragraph (4)(A)(ii). 
(IV) The seizure by the Secretary of the Item 
Requiring Export Certification under paragraph 
(4)(A)(ii). 
(6) FEES.— 
(A) IN GENERAL.—The Secretary may assess reasonable 
fees to process export certification applications under this 
subsection, subject to subparagraph (B). 
(B) AVAILABILITY
OF
AMOUNTS
COLLECTED.—Fees 
authorized under subparagraph (A) shall be collected and 
available only to the extent and in the amounts provided 
in advance in appropriations Acts. 
(7) ADMINISTRATIVE APPEAL.—If the Secretary denies an 
export certification or an Item Requiring Export Certification 
is detained under this subsection, the exporter, on request, 
shall be given a hearing on the record in accordance with
H. R. 2930—11 
such rules and regulations as the Secretary promulgates pursu-
ant 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-govern-
ment 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 identi-
fying, 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 COUN-
TRIES.—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 com-
pile a list of representatives from each Indian Tribe and Native 
Hawaiian organization for purposes of referral under paragraph 
(1).
H. R. 2930—12 
(3) CONSULTATION.—The Secretary shall consult with 
Indian Tribes, Native Hawaiian organizations, and the Native 
working group convened under section 8(a) before making a 
referral under paragraph (1). 
(4) THIRD-PARTY EXPERTS.—The Secretary may use third 
parties with relevant expertise, including institutions of higher 
education, museums, dealers, and collector organizations, in 
determining to which Indian Tribe or Native Hawaiian 
organization an individual or organization should be referred 
under paragraph (1). 
(d) LEGAL LIABILITY.—Nothing in this section imposes on any 
individual or entity any additional penalties or legal liability. 
(e) TAX DOCUMENTATION.—In facilitating the voluntary return 
of tangible cultural heritage under this section, the Secretary shall 
include provision of tax documentation for a deductible gift to 
an Indian Tribe or Native Hawaiian organization, if the recipient 
Indian Tribe or Native Hawaiian organization consents to the provi-
sion of tax documentation. 
(f) REPATRIATION UNDER NATIVE AMERICAN GRAVES PROTEC-
TION AND REPATRIATION ACT.—The voluntary return provisions of 
this section shall apply to a specific item of tangible cultural herit-
age 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 rep-
resentatives from the Departments of the Interior, Justice, State, 
and Homeland Security. 
(b) GOALS.—The goals of the interagency working group con-
vened 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 Repa-
triation 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 con-
vened 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 prohib-
ited from being trafficked under Federal law; and 
(2) collaborate with—
H. R. 2930—13 
(A) the Native working group convened under section 
8(a); 
(B) the review committee established under section 
8(a) of the Native American Graves Protection and Repatri-
ation Act (25 U.S.C. 3006(a)); 
(C) the Cultural Heritage Coordinating Committee 
established pursuant to section 2 of the Protect and Pre-
serve 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 sub-
section (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 diplo-
matic 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 agen-
cies and committees referred to in paragraph (1) are the fol-
lowing: 
(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 Repatri-
ation Act (25 U.S.C. 3006(a)). 
(F) The Cultural Heritage Coordinating Committee 
established pursuant to section 2 of the Protect and Pre-
serve International Cultural Property Act (Public Law 114– 
151; 19 U.S.C. 2601 note). 
(G) Any other relevant Federal agency, committee, or 
working group.
H. R. 2930—14 
(e) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.— 
The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply to the Native working group convened under subsection (a). 
SEC. 9. TREATMENT UNDER FREEDOM OF INFORMATION ACT. 
(a) IN GENERAL.—Except as provided in subsection (c), the 
following information shall be exempt from disclosure under section 
552 of title 5, United States Code: 
(1) Information that a representative of an Indian Tribe 
or Native Hawaiian organization— 
(A) submits to a Federal agency pursuant to this Act 
or an amendment made by this Act; and 
(B) designates as sensitive or private according to 
Native American custom, law, culture, or religion. 
(2) Information that any person submits to a Federal 
agency pursuant to this Act or an amendment made by this 
Act that relates to an item for which an export certification 
is denied under this Act. 
(b) APPLICABILITY.—For purposes of subsection (a), this Act 
shall be considered a statute described in section 552(b)(3)(B) of 
title 5, United States Code. 
(c) EXCEPTION.—An Indian Tribe or Native Hawaiian organiza-
tion may request and shall receive its own information, as described 
in subsection (a), from the Federal agency to which the Indian 
Tribe or Native Hawaiian organization submitted the information. 
SEC. 10. REGULATIONS. 
Not later than 1 year after the date of enactment of this 
Act, the Secretary, in consultation with the Secretary of State, 
the Secretary of Homeland Security, and the Attorney General, 
and after consultation with Indian Tribes and Native Hawaiian 
organizations, shall promulgate rules and regulations to carry out 
this Act. 
SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to carry out this Act 
$3,000,000 for each of fiscal years 2022 through 2027. 
SEC. 12. DETERMINATION OF BUDGETARY EFFECTS. 
The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined 
by reference to the latest statement titled ‘‘Budgetary Effects of 
PAYGO Legislation’’ for this Act, submitted for printing in the
H. R. 2930—15 
Congressional Record by the Chairman of the House Budget Com-
mittee, 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.