section, the exporter, on request, shall be given a 
hearing on the record in accordance with such rules 
and regulations as the Secretary promulgates pursu-
ant to section 10. 
(8) TRAINING.— 
(A) IN GENERAL.—The Secretary, the Sec-
retary of State, the Attorney General, and the 
heads of all other relevant Federal agencies 
shall require all appropriate personnel to par-
ticipate in training regarding applicable laws 
and consultations to facilitate positive govern-
ment-to-government interactions with Indian 
Tribes and Native Hawaiian Organizations. 
(B) U.S. CUSTOMS AND BORDER PROTEC-
TION TRAINING.—The Secretary of Homeland 
Security, acting through the Commissioner of 
U.S. Customs and Border Protection, shall re-
quire all appropriate personnel of U.S. Customs 
and Border Protection to participate in training 
provided by the Secretary of the Interior or an 
Indian Tribe or Native Hawaiian organization 
to assist the personnel in identifying, handling, 
and documenting in a culturally sensitive man-
ner Items Requiring Export Certification for 
purposes of this Act.
(C) CONSULTATION.—In developing or 
modifying and delivering trainings under sub-
paragraphs (A) and (B), the applicable heads of 
Federal agencies shall consult with Indian 
Tribes and Native Hawaiian organizations. 
(c) AGREEMENTS TO REQUEST RETURN FROM FOR-
EIGN COUNTRIES.—The President may request from for-
eign nations agreements that specify concrete measures 
that the foreign nation will carry out— 
(1) to discourage commerce in, and collection 
of, Items Prohibited from Exportation; 
(2) to encourage the voluntary return of tan-
gible cultural heritage; and 
(3) to expand the market for the products of 
Indian art and craftsmanship in accordance with 
section 2 of the Act of August 27, 1935 (49 Stat. 
891, chapter 748; 25 U.S.C. 305a) (commonly 
known as the ‘‘Indian Arts and Crafts Act’’). 
SEC. 6. VOLUNTARY RETURN OF TANGIBLE CULTURAL 
HERITAGE. 
(a) LIAISON.—The Secretary and the Secretary of 
State shall each designate a liaison to facilitate the vol-
untary return of tangible cultural heritage. 
(b) TRAININGS AND WORKSHOPS.—The liaisons des-
ignated under subsection (a) shall offer to representatives
of Indian Tribes and Native Hawaiian organizations and 
collectors, dealers, and other individuals and organizations 
trainings and workshops regarding the voluntary return 
of tangible cultural heritage. 
(c) REFERRALS.— 
(1) IN GENERAL.—The Secretary shall refer in-
dividuals and organizations to 1 or more Indian 
Tribes and Native Hawaiian organizations with a 
cultural affiliation to tangible cultural heritage for 
the purpose of facilitating the voluntary return of 
tangible cultural heritage. 
(2) REFERRAL
REPRESENTATIVES.—The Sec-
retary shall compile a list of representatives from 
each Indian Tribe and Native Hawaiian organization 
for purposes of referral under paragraph (1). 
(3) CONSULTATION.—The Secretary shall con-
sult with Indian Tribes, Native Hawaiian organiza-
tions, and the Native working group convened under 
section 8(a) before making a referral under para-
graph (1). 
(4) THIRD-PARTY
EXPERTS.—The Secretary 
may use third parties with relevant expertise, includ-
ing institutions of higher education, museums, deal-
ers, and collector organizations, in determining to 
which Indian Tribe or Native Hawaiian organization
an individual or organization should be referred 
under paragraph (1). 
(d) LEGAL LIABILITY.—Nothing in this section im-
poses on any individual or entity any additional penalties 
or legal liability. 
(e) TAX DOCUMENTATION.—In facilitating the vol-
untary return of tangible cultural heritage under this sec-
tion, the Secretary shall include provision of tax docu-
mentation for a deductible gift to an Indian Tribe or Na-
tive Hawaiian organization, if the recipient Indian Tribe 
or Native Hawaiian organization consents to the provision 
of tax documentation. 
(f) REPATRIATION
UNDER
NATIVE
AMERICAN 
GRAVES PROTECTION AND REPATRIATION ACT.—The vol-
untary return provisions of this section shall apply to a 
specific item of tangible cultural heritage only to the ex-
tent that the repatriation provisions under section 7 of the 
Native American Graves Protection and Repatriation Act 
(25 U.S.C. 3005) do not apply to the item of tangible cul-
tural heritage. 
SEC. 7. INTERAGENCY WORKING GROUP. 
(a) IN GENERAL.—The Secretary shall designate a 
coordinating office to convene an interagency working 
group consisting of representatives from the Departments 
of the Interior, Justice, State, and Homeland Security.
(b) GOALS.—The goals of the interagency working 
group convened under subsection (a) are— 
(1) to facilitate the repatriation to Indian 
Tribes and Native Hawaiian organizations of items 
that have been illegally removed or trafficked in vio-
lation of applicable law; 
(2) to protect tangible cultural heritage, cul-
tural items, and archaeological resources still in the 
possession of Indian Tribes and Native Hawaiian or-
ganizations; and 
(3) to improve the implementation by the appli-
cable Federal agencies of— 
(A) the Native American Graves Protection 
and Repatriation Act (25 U.S.C. 3001 et seq.) 
(including section 1170 of title 18, United 
States Code, as added by that Act); 
(B) the Archaeological Resources Protec-
tion Act of 1979 (16 U.S.C. 470aa et seq.); and 
(C) other relevant Federal laws. 
(c) RESPONSIBILITIES.—The interagency working 
group convened under subsection (a) shall— 
(1) aid in implementation of this Act and the 
amendments made by this Act, including by aiding 
in—
(A) the voluntary return of tangible cul-
tural heritage under section 6; and 
(B) halting international sales of items 
that are prohibited from being trafficked under 
Federal law; and 
(2) collaborate with— 
(A) the Native working group convened 
under section 8(a); 
(B) the review committee established under 
section 8(a) of the Native American Graves 
Protection and Repatriation Act (25 U.S.C. 
3006(a)); 
(C) the Cultural Heritage Coordinating 
Committee established pursuant to section 2 of 
the Protect and Preserve International Cultural 
Property Act (Public Law 114–151; 19 U.S.C. 
2601 note); and 
(D) any other relevant committees and 
working groups. 
SEC. 8. NATIVE WORKING GROUP. 
(a) IN GENERAL.—The Secretary shall convene a Na-
tive working group consisting of not fewer than 12 rep-
resentatives of Indian Tribes and Native Hawaiian organi-
zations with relevant expertise, who shall be nominated by 
Indian Tribes and Native Hawaiian organizations, to ad-
vise the Federal Government in accordance with this sec-
tion. 
(b) RECOMMENDATIONS.—The Native working group 
convened under subsection (a) may provide recommenda-
tions regarding— 
(1) the voluntary return of tangible cultural 
heritage by collectors, dealers, and other individuals 
and non-Federal organizations that hold such tan-
gible cultural heritage; and 
(2) the elimination of illegal commerce of cul-
tural items and archaeological resources in the 
United States and foreign markets. 
(c) REQUESTS.—The Native working group convened 
under subsection (a) may make formal requests to initiate 
certain agency actions, including requests that— 
(1) the Department of Justice initiate judicial 
proceedings domestically or abroad to aid in the re-
patriation cultural items and archaeological re-
sources; and 
(2) the Department of State initiate dialogue 
through diplomatic channels to aid in that repatri-
ation. 
(d) AGENCY AND COMMITTEE ASSISTANCE.— 
(1) IN GENERAL.—On request by the Native 
working group convened under subsection (a), the
agencies and committees described in paragraph (2) 
shall make efforts to provide information and assist-
ance to the Native working group. 
(2) DESCRIPTION OF AGENCIES AND COMMIT-
TEES.—The agencies and committees referred to in 
paragraph (1) are the following: 
(A) The Department of the Interior. 
(B) The Department of Justice. 
(C) The Department of Homeland Secu-
rity. 
(D) The Department of State. 
(E) The review committee established 
under section 8(a) of the Native American 
Graves Protection and Repatriation Act (25 
U.S.C. 3006(a)). 
(F) The Cultural Heritage Coordinating 
Committee established pursuant to section 2 of 
the Protect and Preserve International Cultural 
Property Act (Public Law 114–151; 19 U.S.C. 
2601 note). 
(G) Any other relevant Federal agency, 
committee, or working group. 
(e) APPLICABILITY
OF FEDERAL ADVISORY COM-
MITTEE ACT.—The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Native working group 
convened under subsection (a). 
SEC. 9. TREATMENT UNDER FREEDOM OF INFORMATION 
ACT. 
(a) IN GENERAL.—Except as provided in subsection 
(c), the following information shall be exempt from disclo-
sure under section 552 of title 5, United States Code: 
(1) Information that a representative of an In-
dian Tribe or Native Hawaiian organization— 
(A) submits to a Federal agency pursuant 
to this Act or an amendment made by this Act; 
and 
(B) designates as sensitive or private ac-
cording to Native American custom, law, cul-
ture, or religion. 
(2) Information that any person submits to a 
Federal agency pursuant to this Act or an amend-
ment made by this Act that relates to an item for 
which an export certification is denied under this 
Act. 
(b) APPLICABILITY.—For purposes of subsection (a), 
this Act shall be considered a statute described in section 
552(b)(3)(B) of title 5, United States Code. 
(c) EXCEPTION.—An Indian Tribe or Native Hawai-
ian organization may request and shall receive its own in-
formation, as described in subsection (a), from the Federal 
agency to which the Indian Tribe or Native Hawaiian or-
ganization submitted the information. 
SEC. 10. REGULATIONS. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary, in consultation with the Sec-
retary of State, the Secretary of Homeland Security, and 
the Attorney General, and after consultation with Indian 
Tribes and Native Hawaiian organizations, shall promul-
gate rules and regulations to carry out this Act. 
SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to carry out 
this Act $3,000,000 for each of fiscal years 2022 through 
2027. 
SEC. 12. DETERMINATION OF BUDGETARY EFFECTS. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record 
by the Chairman of the House Budget Committee, pro-
vided that such statement has been submitted prior to the 
vote on passage. 
Passed the House of Representatives December 2, 
2021. 
Attest: 
Clerk.