Safeguard Tribal Objects of Patrimony Act of 2021
Bill: H.R.2930 | Sponsor: Rep. Leger Fernandez, Teresa (D-NM)
Policy area: Native Americans

Summary:
Safeguard Tribal Objects of Patrimony Act of 2021
This act prohibits the exportation of Native American cultural items and archaeological resources that were illegally obtained; provides for the return of such items, including voluntary returns; and establishes and increases related criminal penalties.
Specifically, the act makes it a federal crime to export, attempt to export, or otherwise transport from the United States Native American cultural items and archaeological resources without obtaining an export certification. U.S. Customs and Border Protection must detain any item requiring an export certification that does not have one.
The act requires the Department of the Interior and the Department of State to each designate a liaison to facilitate and hold trainings and workshops on the voluntary return of human remains and cultural items.
Additionally, Interior must
The act also increases the maximum criminal penalties for violating the Native American Graves Protection and Repatriation Act. In particular, the act increases from 5 years to 10 years the maximum prison term for an individual convicted of a second or subsequent violation of selling, purchasing, using for profit, or transporting for sale or profit human remains or cultural items that were illegally obtained.

[117th Congress Public Law 258]
[From the U.S. Government Publishing Office]



[[Page 2371]]

            SAFEGUARD TRIBAL OBJECTS OF PATRIMONY ACT OF 2021

[[Page 136 STAT. 2372]]

Public Law 117-258
117th Congress

                                 An Act


 
 To enhance protections of Native American tangible cultural heritage, 
     and for other purposes. <<NOTE: Dec. 21, 2022 -  [H.R. 2930]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Safeguard Tribal 
Objects of Patrimony Act of 2021. 25 USC 3071 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safeguard Tribal Objects of Patrimony 
Act of 2021''.
SEC. 2. <<NOTE: 25 USC 3071.>>  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 international 
        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 
        resources prohibited from being trafficked 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 President 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 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 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),

[[Page 136 STAT. 2373]]

        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 Indian 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 Requiring Export 
                Certification for which an export certification was 
                denied pursuant to this Act; and
            (8) to encourage buyers to purchase legal contemporary art 
        made by Native artists for commercial purposes.
SEC. 3. <<NOTE: 25 USC 3072.>>  DEFINITIONS.

    In this Act:
            (1) Archaeological resource.--The term ``archaeological 
        resource'' means an archaeological resource (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 ``cultural 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 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 American 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 Protection Act of 
                      1979 (16 U.S.C. 470ee); or
                          (ii) any other Federal law or treaty.
            (6) Item requiring export certification.--

[[Page 136 STAT. 2374]]

                    (A) In general.--The term ``Item Requiring Export 
                Certification'' means--
                          (i) a cultural item; and
                          (ii) an archaeological resource.
                    (B) Exclusion.--The term ``Item Requiring Export 
                Certification'' does not include an item described in 
                clause (i) or (ii) of subparagraph (A) for which an 
                Indian Tribe or Native Hawaiian organization with a 
                cultural affiliation 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 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 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. <<NOTE: 25 USC 3073.>>  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 otherwise 
                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 subparagraph 
                (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 repatriation.--

[[Page 136 STAT. 2375]]

                    (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 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 
                Certification may be exported from the United States 
                without first having obtained an export certification in 
                accordance with this subsection.
                    (B) <<NOTE: Federal Register, 
                publication. Notice.>>  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 
                                        Repatriation 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 subsections (b) 
                                        and (c) of section 6 of 
                                        Archaeological Resources 
                                        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

[[Page 136 STAT. 2376]]

                                    (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 
                                        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 Certification and therefore do not require 
                      an export certification under this subsection, 
                      which shall clarify that--
                                    (I) an item made solely for 
                                commercial purposes 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 certifications issued by Indian 
                                Tribes or Native Hawaiian organizations 
                                with a cultural affiliation with an item 
                                may be used as evidence to demonstrate 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 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 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 compliance 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 Certification 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 accordance with 
                                section 3 of the Native American Graves 
                                Protection and Repatriation Act (25 
                                U.S.C. 3002).
            (3) Export certification application and issuance 
        procedures.--

[[Page 136 STAT. 2377]]

                    (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 certification 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 
                                submits additional evidence in 
                                accordance with subparagraph 
                                (B)(iii)(I).
                          (iii) Form of export certification 
                      application.--The 
                      Secretary, <<NOTE: Requirements.>>  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) <<NOTE: Attestation.>>  In general.--In 
                      completing an export certification 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 
                      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 support 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) <<NOTE: Notifications.>>  Additional 
                      requirements.--
                                    (I) <<NOTE: Determination.>>  In 
                                general.--The Secretary shall give 
                                notice to an exporter that submits an 
                                export certification application under 
                                subparagraph (A)(i) that the exporter is 
                                required to submit additional evidence 
                                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.

[[Page 136 STAT. 2378]]

                                    (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 Certification 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 
                      information system (referred to in this 
                      subparagraph as the ``database'') for the purpose 
                      of making export certification 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 convened under section 7(a) in the 
                      design and implementation 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 
                      Secretary 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 assistance to facilitate that access or 
                      response, as applicable.
                    (D) Issuance of export certification.--
                          (i) <<NOTE: Determination.>>  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 
                      affiliation with the Item Requiring Export 
                      Certification,

[[Page 136 STAT. 2379]]

                      determines that the Item Requiring Export 
                      Certification is eligible for an export 
                      certification under paragraph (2), the Secretary 
                      may issue an export certification for the Item 
                      Requiring Export Certification.
                          (ii) <<NOTE: Deadlines. Reviews.>>  On receipt 
                      of an export certification application for an Item 
                      Requiring Export Certification that meets the 
                      requirements of subparagraphs (A) and (B)--
                                    (I) <<NOTE: Notification.>>  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 Secretary shall have 1 
                                business day to review the application;
                                    
                                (V) <<NOTE: Notification. Extension.>>  
                                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) <<NOTE: Determination.>>  the 
                                Secretary shall make a determination to 
                                approve or deny the export certification 
                                application 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 certification.
                          (ii) <<NOTE: Consultation.>>  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 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 subparagraph (A)(i) 
                shall be subject to forfeiture to the United States in 
                accordance

[[Page 136 STAT. 2380]]

                with chapter 46 of title 18, United States Code 
                (including section 983(c) of that chapter).
                    (C) Repatriation or return to exporter.--
                          (i) <<NOTE: Deadline. Determination.>>  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 Exportation.
                          (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 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.).
                          (iii) Return to exporter.--
                                    (I) <<NOTE: Determination.>>  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 
                                deadline 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 subclause (I) shall not 
                                mean that the Item Requiring Export 
                                Certification is eligible for an export 
                                certification under this subsection.
            (5) Penalties.--
                    (A) Items requiring export certification.--
                          (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 Certification without first 
                      obtaining an export certification.
                          (ii) Penalties.--Except as provided in 
                      subparagraph (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.

[[Page 136 STAT. 2381]]

                    (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 
                      investigation shall not be prosecuted 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 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 
                                Commissioner 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

[[Page 136 STAT. 2382]]

        such rules and regulations as the Secretary promulgates pursuant 
        to section 10.
            (8) <<NOTE: Requirements.>>  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-government 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 identifying, 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) <<NOTE: President.>>  Agreements to Request Return From Foreign 
Countries.--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. <<NOTE: 25 USC 3074.>>  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) <<NOTE: List.>>  Referral representatives.--The 
        Secretary shall compile a list of representatives from each 
        Indian Tribe and Native Hawaiian organization for purposes of 
        referral under paragraph (1).

[[Page 136 STAT. 2383]]

            (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 provision of tax 
documentation.
    (f) Repatriation Under Native American Graves Protection and 
Repatriation Act.--The voluntary return provisions of this section shall 
apply to a specific item of tangible cultural heritage 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. <<NOTE: 25 USC 3075.>>  INTERAGENCY WORKING GROUP.

    (a) <<NOTE: Designation. Establishment.>>  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 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 
                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 Federal law; and
            (2) collaborate with--

[[Page 136 STAT. 2384]]

                    (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. <<NOTE: 25 USC 3076.>>  NATIVE WORKING GROUP.

    (a) <<NOTE: Establishment.>>  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 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 repatriation cultural items 
        and archaeological resources; and
            (2) the Department of State initiate dialogue through 
        diplomatic 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 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.
                    (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.

[[Page 136 STAT. 2385]]

    (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. <<NOTE: 25 USC 3077.>>  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 organization 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. <<NOTE: Deadline. 25 USC 3078.>>  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. <<NOTE: Time period. 25 USC 3079.>>  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

[[Page 136 STAT. 2386]]

Congressional Record by the Chairman of the House Budget Committee, 
provided that such statement has been submitted prior to the vote on 
passage.

    Approved December 21, 2022.

LEGISLATIVE HISTORY--H.R. 2930 (S. 1471):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 117-196, Pt. 1 (Comm. on Natural Resources).
SENATE REPORTS: No. 117-33 (Comm. on Indian Affairs) accompanying S. 
1471.
CONGRESSIONAL RECORD:
                                                        Vol. 167 (2021):
                                    Dec. 1, 2, considered and passed 
                                        House.
                                                        Vol. 168 (2022):
                                    Nov. 29, considered and passed 
                                        Senate.

                                  <all>