H. R. 2930—4 
(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 para-
graph (1); and 
(ii) deliver the Item Prohibited from Exportation 
to the Secretary. 
(B) FORFEITURE.—Any Item Prohibited from Expor-
tation that is exported, attempted to be exported, or other-
wise 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 Expor-
tation that is forfeited under subparagraph (B) shall be 
expeditiously 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.). 
(b) EXPORT CERTIFICATION SYSTEM.— 
(1) EXPORT CERTIFICATION REQUIREMENT.— 
(A) IN GENERAL.—No Item Requiring Export Certifi-
cation may be exported from the United States without 
first having obtained an export certification in accordance 
with this subsection. 
(B) PUBLICATION.—The Secretary, in consultation with 
Indian Tribes and Native Hawaiian organizations, shall 
publish in the Federal Register a notice that includes— 
(i) a description of characteristics typical of Items 
Requiring Export Certification, which shall— 
(I) include the definitions of the terms— 
(aa) ‘‘cultural items’’ in section 2 of the 
Native American Graves Protection and Repa-
triation Act (25 U.S.C. 3001); and 
(bb) ‘‘archaeological resource’’ in section 
3 of the Archaeological Resources Protection 
Act of 1979 (16 U.S.C. 470bb); 
(II) describe the provenance requirements 
associated 
with 
the 
trafficking 
prohibition 
applicable to— 
(aa) cultural items under section 1170(b) 
of title 18, United States Code; and 
(bb) archaeological resources under sub-
sections (b) and (c) of section 6 of Archae-
ological Resources Protection Act of 1979 (16 
U.S.C. 470ee); 
(III)(aa) include the definitions of the terms 
‘‘Native American’’ and ‘‘Native Hawaiian’’ in sec-
tion 2 of the Native American Graves Protection 
and Repatriation Act (25 U.S.C. 3001); and
H. R. 2930—5 
(bb) describe how those terms apply to archae-
ological resources under this Act; and 
(IV) be sufficiently specific and precise to 
ensure that— 
(aa) an export certification is required only 
for Items Requiring Export Certification; and 
(bb) fair notice is given to exporters and 
other persons regarding 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 Certifi-
cation and therefore do not require an export certifi-
cation under this subsection, which shall clarify that— 
(I) an item made solely for commercial pur-
poses is presumed to not qualify as an Item 
Requiring Export Certification, unless an Indian 
Tribe or Native Hawaiian organization challenges 
that presumption; and 
(II) in some circumstances, receipts or certifi-
cations issued by Indian Tribes or Native 
Hawaiian organizations with a cultural affiliation 
with an item may be used as evidence to dem-
onstrate a particular item does not qualify as an 
Item Requiring Export Certification. 
(2) ELIGIBILITY
FOR
EXPORT
CERTIFICATION.—An Item 
Requiring Export Certification is eligible for an export certifi-
cation under this subsection if— 
(A) the Item Requiring Export Certification is not 
under ongoing Federal investigation; 
(B) the export of the Item Requiring Export Certifi-
cation would not otherwise violate any other provision of 
law; and 
(C) the Item Requiring Export Certification— 
(i) is not an Item Prohibited from Exportation; 
(ii) was excavated or removed pursuant to a permit 
issued under section 4 of the Archaeological Resources 
Protection Act of 1979 (16 U.S.C. 470cc) and in compli-
ance with section 3(c) of the Native American 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 confirmation 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 
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 relinquished title or control of 
the Item Requiring Export Certification in accord-
ance with section 3 of the Native American Graves 
Protection and Repatriation Act (25 U.S.C. 3002). 
(3) EXPORT
CERTIFICATION
APPLICATION
AND
ISSUANCE 
PROCEDURES.—
H. R. 2930—6 
(A) APPLICATIONS FOR EXPORT CERTIFICATION.— 
(i) IN
GENERAL.—An exporter seeking 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
STATEMENT.—Any 
willful or knowing false statement made on an export 
certification application form under clause (i) shall— 
(I) subject the exporter to criminal 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 
Certification in the future unless the exporter sub-
mits additional evidence in accordance with 
subparagraph (B)(iii)(I). 
(iii) FORM
OF
EXPORT
CERTIFICATION
APPLICA-
TION.—The Secretary, in consultation with Indian 
Tribes and Native Hawaiian 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 
applicant— 
(I) describe, and provide pictures of, each Item 
Requiring Export Certification that the applicant 
seeks to export; 
(II) include all available information regarding 
the provenance of each such Item Requiring Export 
Certification; and 
(III) include the attestation described in 
subparagraph (B)(i). 
(B) EVIDENCE.— 
(i) IN GENERAL.—In completing an export certifi-
cation application with respect to an Item Requiring 
Export Certification that the exporter seeks to export, 
the exporter shall attest that, to the best of the knowl-
edge and belief of the exporter, the exporter is not 
attempting to export an Item Prohibited from Expor-
tation. 
(ii) SUFFICIENCY OF ATTESTATION.—An attestation 
under clause (i) shall be considered to be sufficient 
evidence to support the application of the exporter 
under subparagraph (A)(iii)(III), on the condition that 
the exporter is not required to provide additional evi-
dence under clause (iii)(I). 
(iii) ADDITIONAL REQUIREMENTS.— 
(I) IN
GENERAL.—The Secretary shall give 
notice to an exporter that submits an export certifi-
cation application under subparagraph (A)(i) that 
the exporter is required to submit additional evi-
dence in accordance with subclause (III) if the 
Secretary has determined under subparagraph 
(A)(ii) that the exporter made a willful or knowing 
false statement on the application or any past 
export certification application.
H. R. 2930—7 
(II) DELAYS OR DENIALS.—The Secretary shall 
give notice to an exporter that submits an export 
certification 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 
Requiring 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 
exporter may, provide the Secretary with such 
additional evidence as the Secretary may require 
to establish that the Item Requiring Export Certifi-
cation is eligible for an export certification under 
this subsection. 
(C) DATABASE APPLICATIONS.— 
(i) IN GENERAL.—The Secretary shall establish and 
maintain a secure central Federal database informa-
tion system (referred to in this subparagraph as the 
‘‘database’’) for the purpose of making export certifi-
cation 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 implementa-
tion of the database. 
(iii) AVAILABILITY.—Immediately on receipt of an 
export certification application, the Secretary shall 
make the export certification application available on 
the database. 
(iv) DELETION FROM DATABASE.—On request by an 
Indian Tribe or Native Hawaiian organization, the Sec-
retary shall delete an export certification application 
from the database. 
(v) TECHNICAL ASSISTANCE.—If an Indian Tribe or 
Native 
Hawaiian 
organization 
lacks 
sufficient 
resources to access the database or respond to agency 
communications in a timely manner, the Secretary, 
in consultation with Indian Tribes and Native 
Hawaiian organizations, shall provide technical assist-
ance to facilitate that access or response, as applicable. 
(D) ISSUANCE OF EXPORT CERTIFICATION.— 
(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 
Secretary, in consultation with Indian Tribes and 
Native Hawaiian organizations with a cultural affili-
ation with the Item Requiring Export Certification,
H. R. 2930—8 
determines that the Item Requiring Export Certifi-
cation is eligible for an export certification under para-
graph (2), the Secretary may issue an export certifi-
cation for the Item Requiring Export Certification. 
(ii) On receipt of an export certification application 
for an Item Requiring Export Certification that meets 
the requirements of subparagraphs (A) and (B)— 
(I) the Secretary shall have 1 business day 
to notify the relevant Indian Tribes and Native 
Hawaiian Organizations of an application for 
export of an Item Requiring Export Certification; 
(II) Indian Tribes and Native Hawaiian 
organizations shall have 9 business days to review 
the export certification application; 
(III) if an Indian Tribe or Native Hawaiian 
organization notifies the Secretary that the Item 
Requiring Export Certification may not be eligible 
for an export certification under paragraph (2), 
the Secretary shall have 7 business days to review 
the application; 
(IV) if no Indian Tribe or Native Hawaiian 
organization so notifies the Secretary, the Sec-
retary 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 business days if credible evidence is provided 
that the Item Requiring Export Certification may 
not be eligible for an export certification under 
paragraph (2); and 
(VI) the Secretary shall make a determination 
to approve or deny the export certification applica-
tion within the time allotted. 
(E) REVOCATION OF EXPORT CERTIFICATION.— 
(i) IN GENERAL.—If credible evidence is provided 
that indicates that an item that received an export 
certification under subparagraph (D) is not eligible 
for an export certification under paragraph (2), the 
Secretary may immediately revoke the export certifi-
cation. 
(ii) DETERMINATION.—In determining whether a 
revocation is warranted under clause (i), the Secretary 
shall consult with Indian Tribes and Native Hawaiian 
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 trans-
port 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 Certifi-
cation that is detained under subparagraph (A)(i) shall 
be subject to forfeiture to the United States in accordance