IB 
Union Calendar No. 140 
117TH CONGRESS 
1ST SESSION H. R. 2930 
[Report No. 117–196, Part I] 
To enhance protections of Native American tangible cultural heritage, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 30, 2021 
Ms. LEGER FERNANDEZ (for herself, Mr. YOUNG, Ms. DAVIDS of Kansas, Mr. 
COLE, Ms. PINGREE, Mr. MAST, Mrs. RADEWAGEN, and Ms. BASS) intro-
duced the following bill; which was referred to the Committee on Natural 
Resources, and in addition to the Committees on the Judiciary, and For-
eign Affairs, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
DECEMBER 1, 2021 
Additional sponsors: Mr. KILMER, Mr. O’HALLERAN, Mr. CASE, Ms. MCCOL-
LUM, Ms. STANSBURY, Mr. JOYCE of Ohio, Mr. TAKANO, Ms. NORTON, 
Mr. FITZPATRICK, Ms. OMAR, Ms. MANNING, Ms. LOFGREN, Mr. GRI-
JALVA, Mr. HUFFMAN, Ms. CRAIG, Ms. MENG, and Mr. NEGUSE 
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DECEMBER 1, 2021 
Reported from the Committee on Natural Resources with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
DECEMBER 1, 2021 
Committees on the Judiciary and Foreign Affairs discharged; committed to 
the Committee of the Whole House on the State of the Union and or-
dered to be printed 
[For text of introduced bill, see copy of bill as introduced on April 30, 2021] 
A BILL 
To enhance protections of Native American tangible cultural 
heritage, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives 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 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 archaeological re-
sources prohibited from being trafficked by the Ar-
chaeological Resources Protection Act of 1979 (16 
U.S.C. 470aa et seq.) by— 
(A) explicitly prohibiting the export; 
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(B) creating an export certification system; 
and 
(C) confirming the authority of the Presi-
dent 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 or-
ganizations of items of tangible cultural heritage, in-
cluding 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 Ar-
chaeological Resources Protection Act of 1979 (16 
U.S.C. 470aa et seq.), and other relevant Federal 
laws; 
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(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 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 Requir-
ing Export Certification for which an export cer-
tification was denied pursuant to this Act; and 
(8) to encourage buyers to purchase legal contem-
porary art made by Native artists for commercial 
purposes. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ARCHAEOLOGICAL
RESOURCE.—The term 
‘‘archaeological resource’’ means an archaeological re-
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source (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 ‘‘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 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 sec-
tion 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 inter-
state 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 Requir-
ing 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. 
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(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 amend-
ed— 
(1) by striking ‘‘5 years’’ each place it appears 
and inserting ‘‘10 years’’; and 
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(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 para-
graph (1) and knows, or in the exercise of due care 
should have known, that the Item Prohibited from Ex-
portation 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, im-
prisoned for not more than 1 year and 1 day for a 
first violation, and not more than 10 years for a sec-
ond or subsequent violation, or both. 
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(3) DETENTION, FORFEITURE, AND
REPATRI-
ATION.— 
(A) DETENTION AND DELIVERY.—The Sec-
retary of Homeland Security, acting through the 
Commissioner of U.S. Customs and Border Pro-
tection, 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 ac-
cordance 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-
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waiian organization in accordance with, as ap-
plicable— 
(i) the Native American Graves Protec-
tion 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— 
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(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 Archae-
ological 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 ‘‘Na-
tive Hawaiian’’ in section 2 of the Na-
tive American Graves Protection and 
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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 there-
fore do not require an export certification 
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 
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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 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 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 
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of 1979 (16 U.S.C. 470cc) and in compli-
ance with section 3(c) of the Native Amer-
ican 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 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 pos-
session (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 
relin-
quished title or control of the Item Re-
quiring Export Certification in accord-
ance with section 3 of the Native 
American Graves Protection and Repa-
triation Act (25 U.S.C. 3002). 
(3) EXPORT
CERTIFICATION
APPLICATION
AND 
ISSUANCE PROCEDURES.— 
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(A) APPLICATIONS
FOR
EXPORT
CERTIFI-
CATION.— 
(i) IN GENERAL.—An exporter seeking 
to export an Item Requiring Export Certifi-
cation from the United States shall submit 
to the Secretary an export certification ap-
plication 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 re-
ceiving 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 consulta-
tion with Indian Tribes and Native Hawai-
ian organizations, and at the discretion of 
the Secretary, in consultation with third 
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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 Certifi-
cation that the applicant seeks to ex-
port; 
(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 ex-
port 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 ex-
porter is not attempting to export an Item 
Prohibited from Exportation. 
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(ii) SUFFICIENCY OF ATTESTATION.— 
An attestation under clause (i) shall be con-
sidered to be sufficient evidence to support 
the application of the exporter under sub-
paragraph (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 addi-
tional evidence in accordance with sub-
clause (III) if the Secretary has deter-
mined under subparagraph (A)(ii) that 
the exporter made a willful or knowing 
false statement on the application or 
any past export certification applica-
tion. 
(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 
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additional evidence in accordance with 
subclause (III) if the issuance of an ex-
port 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 no-
tice 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 eligi-
ble for an export certification under 
this subsection. 
(C) DATABASE APPLICATIONS.— 
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(i) IN GENERAL.—The Secretary shall 
establish and maintain a secure central 
Federal database information system (re-
ferred to in this subparagraph as the ‘‘data-
base’’) for the purpose of making export cer-
tification 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 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-
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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 certification 
application for an Item Requiring Export 
Certification that meets the requirements of 
subparagraphs (A) and (B), if the Sec-
retary, 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 eli-
gible for an export certification under para-
graph (2), the Secretary may issue an ex-
port certification for the Item Requiring 
Export Certification. 
(ii) On receipt of an export certifi-
cation application for an Item Requiring 
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Export Certification that meets the require-
ments of sub-paragraphs (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 Cer-
tification; 
(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; 
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(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 Cer-
tification may not be eligible for an ex-
port 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
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 determining 
whether a revocation is warranted under 
clause (i), the Secretary shall consult with 
Indian Tribes and Native Hawaiian orga-
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nizations with a cultural affiliation with 
the affected Item Requiring Export Certifi-
cation. 
(4) DETENTION, FORFEITURE, REPATRIATION, 
AND RETURN.— 
(A) DETENTION AND DELIVERY.—The Sec-
retary of Homeland Security, acting through the 
Commissioner of U.S. Customs and Border Pro-
tection, shall— 
(i) detain any Item Requiring Export 
Certification that an exporter attempts to 
export or otherwise transport without an ex-
port 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.— 
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(i) IN GENERAL.—Not later than 60 
days after the date of delivery to the Sec-
retary of an Item Requiring Export Certifi-
cation under subparagraph (A)(ii), the Sec-
retary shall determine whether the Item Re-
quiring 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 expedi-
tiously 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 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.— 
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(I) IN GENERAL.—If the Secretary 
determines that credible evidence does 
not establish that the Item Requiring 
Export Certification is an Item Pro-
hibited from Exportation, or if the Sec-
retary does not complete the deter-
mination by the deadline described in 
clause (i), the Secretary shall return 
the Item Requiring Export Certifi-
cation 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 Ex-
port Certification is eligible for an ex-
port certification under this subsection. 
(5) PENALTIES.— 
(A) ITEMS
REQUIRING
EXPORT
CERTIFI-
CATION.— 
(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 Certifi-
cation without first obtaining an export cer-
tification. 
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(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 sec-
tion 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)— 
(i) may be used by the Secretary— 
(I) for fines collected under sub-
paragraph (A)(ii)(I), to process export 
certification applications under this 
subsection; and 
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(II) for fines collected under sub-
paragraph (B), to store and repatriate 
the Item Prohibited from Exportation; 
(ii) shall supplement (and not sup-
plant) any appropriations to the Secretary 
to carry out this subsection; and 
(iii) shall not be covered into the 
Treasury as miscellaneous receipts. 
(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 prosecuted 
for a violation of subparagraph (A) with re-
spect to the Item Requiring Export Certifi-
cation. 
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(ii) ACTIONS NOT COMMENCING A FED-
ERAL
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 Certifi-
cation under paragraph (3)(A)(i). 
(II) The detention of the Item Re-
quiring 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 Secretary 
of the Item Requiring Export Certifi-
cation 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 Certifi-
cation under paragraph (4)(A)(ii). 
(6) FEES.— 
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(A) IN GENERAL.—The Secretary may col-
lect reasonable fees to process export certification 
applications under this subsection. 
(B) 
AVAILABILITY
OF
AMOUNTS
COL-
LECTED.—Any amounts collected by the Sec-
retary under subparagraph (A)— 
(i) shall supplement (and not sup-
plant) any appropriations to the Secretary 
for the activities described in subparagraph 
(A); and 
(ii) shall not be covered into the Treas-
ury as miscellaneous receipts. 
(7) ADMINISTRATIVE APPEAL.—If the Secretary 
denies an export certification or an Item Requiring 
Export Certification is detained under this sub-
section, the exporter, on request, shall be given a hear-
ing 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 Sec-
retary 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 con-
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sultations to facilitate positive government-to- 
government interactions with Indian Tribes and 
Native Hawaiian Organizations. 
(B) U.S. CUSTOMS AND BORDER PROTEC-
TION TRAINING.—The Secretary of Homeland Se-
curity, acting through the Commissioner of U.S. 
Customs and Border Protection, shall require all 
appropriate personnel of U.S. Customs and Bor-
der Protection to participate in training pro-
vided by the Secretary of the Interior or an In-
dian Tribe or Native Hawaiian organization to 
assist the personnel in identifying, handling, and 
documenting in a culturally sensitive manner 
Items Requiring Export Certification for pur-
poses of this Act. 
(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 foreign 
nations agreements that specify concrete measures that the 
foreign nation will carry out— 
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(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 In-
dian art and craftsmanship in accordance with sec-
tion 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 HER-
ITAGE. 
(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 
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 indi-
viduals and organizations to 1 or more Indian Tribes 
and Native Hawaiian organizations with a cultural 
affiliation to tangible cultural heritage for the pur-
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pose 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 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 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 Native 
Hawaiian organization, if the recipient Indian Tribe or 
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Native Hawaiian organization consents to the provision of 
tax documentation. 
(f) REPATRIATION UNDER NATIVE AMERICAN GRAVES 
PROTECTION AND REPATRIATION ACT.—The voluntary re-
turn provisions of this section shall apply to a specific item 
of tangible cultural heritage only to the extent that the repa-
triation 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 co-
ordinating 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 posses-
sion of Indian Tribes and Native Hawaiian organiza-
tions; and 
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(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 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 Fed-
eral 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 Pro-
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tection 
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-
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 her-
itage by collectors, dealers, and other individuals and 
non-Federal organizations that hold such tangible cul-
tural heritage; and 
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(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 repa-
triation cultural items and archaeological resources; 
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 
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 Security. 
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(D) The Department of State. 
(E) The review committee established under 
section 8(a) of the Native American Graves Pro-
tection 
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 
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— 
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