Title: Native American and Native Hawaiian Cultural Heritage Protection Act of 2018
Policy area: Native Americans

Summary:
Native American and Native Hawaiian Cultural Heritage Protection Act of 2018
This bill prohibits the sale and exportation of tribal cultural items of American Indians, Alaska Natives, and Native Hawaiians that were obtained illegally and provides for the return of the items, including voluntary returns.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7075 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 7075

 To enhance protections of Native American cultural heritage, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 19, 2018

  Mr. Pearce introduced the following bill; which was referred to the 
  Committee on Natural Resources, and in addition to the Committee on 
  Foreign Affairs, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To enhance protections of Native American cultural heritage, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Native American and Native Hawaiian 
Cultural Heritage Protection Act of 2018''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings and purpose.
Sec. 4. Definitions.
Sec. 5. Removal for the benefit of and return to Indian Tribes.
Sec. 6. Export restrictions and authorities.
Sec. 7. Voluntary return of Native American and Native Hawaiian items.
Sec. 8. Halting international sales.
Sec. 9. Working groups.
Sec. 10. U.S. Customs and Border Protection training.
Sec. 11. Interagency working group.

SEC. 3. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress reaffirms House Congressional 
Resolution 122 of the 114th Congress, in which Congress stated its 
support for efforts to stop the theft, illegal possession or sale, 
transfer, and export of Tribal cultural items of American Indians, 
Alaska Natives, and Native Hawaiians in the United States and 
internationally.
    (b) Purposes.--The purposes of this Act are to--
            (1) authorize permits that include removal for the benefit 
        of and subsequent return to Indian Tribes of archaeological 
        resources pursuant to the Archaeological Resources Protection 
        Act and objects of antiquity pursuant to the Antiquities Act;
            (2) explicitly prohibit the exportation of Native American 
        cultural items obtained in violation of the Native American 
        Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq. 
        or 18 U.S.C. 1170), Native American archaeological resources 
        obtained in violation of the Archaeological Resources 
        Protection Act of 1979 (16 U.S.C. 470aa et seq.), and Native 
        American objects of antiquity obtained in violation of the 
        Antiquities Act under section 1866(b) of title 18, United 
        States Code;
            (3) confirm the authority of the President to request from 
        foreign nations agreements or provisional measures under 
        Article 9 of the Convention on the Means of Prohibiting and 
        Preventing the Illicit Import, Export, and Transfer of 
        Ownership of Cultural Property, 823 U.N.T.S. 231 (1972), to 
        facilitate the return of Native American cultural items 
        obtained in violation of the Native American Graves Protection 
        and Repatriation Act (25 U.S.C. 3001 et seq. or 18 U.S.C. 
        1170), Native American archaeological resources obtained in 
        violation of the Archaeological Resources Protection Act of 
        1979 (16 U.S.C. 470aa et seq.), and Native American objects of 
        antiquity obtained in violation of the Antiquities Act under 
        section 1866(b) of title 18, United States Code;
            (4) create an export certification system to facilitate the 
        export of lawfully possessed Native American and Native 
        Hawaiian items and the international repatriation of unlawfully 
        exported covered items;
            (5) establish a Federal framework to facilitate 
        individuals' and organizations' voluntary return of Native 
        American items, without regard for whether such items were 
        obtained in violation of the Native American Graves Protection 
        and Repatriation Act (25 U.S.C. 3001 et seq. or 18 U.S.C. 
        1170), the Archaeological Resources Protection Act of 1979 (16 
        U.S.C. 470aa et seq.), or the Antiquities Act under section 
        1866(b) of title 18, United States Code;
            (6) establish a Federal framework in order to halt 
        international sale of Native American cultural items obtained 
        in violation of the Native American Graves Protection and 
        Repatriation Act (25 U.S.C. 3001 et seq. or 18 U.S.C. 1170), 
        Native American archaeological resources obtained in violation 
        of the Archaeological Resources Protection Act of 1979 (16 
        U.S.C. 470aa et seq.), and Native American objects of antiquity 
        obtained in violation of the Antiquities Act under section 
        1866(b) of title 18, United States Code;
            (7) establish working groups to provide recommendations to 
        identify and facilitate the voluntary return of Native American 
        items and to identify Native American cultural items obtained 
        in violation of the Native American Graves Protection and 
        Repatriation Act (25 U.S.C. 3001 et seq. or 18 U.S.C. 1170), 
        Native American archaeological resources obtained in violation 
        of the Archaeological Resources Protection Act of 1979 (16 
        U.S.C. 470aa et seq.), and Native American objects of antiquity 
        obtained in violation of the Antiquities Act under section 
        1866(b) of title 18, United States Code;
            (8) require U.S. Customs and Border Protection to provide 
        training to identify covered items; and
            (9) establish an interagency working group to ensure 
        communication between all Federal agencies to successfully 
        implement the Native American Graves Protection and 
        Repatriation Act (25 U.S.C. 3001 et seq.), the Archaeological 
        Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), and 
        the Antiquities Act under section 1866(b) of title 18, United 
        States Code.

SEC. 4. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Archaeological resource.--The term ``archaeological 
        resource'' has the meaning given the term in section 3 of the 
        Archaeological Resources Protection Act of 1979 (16 U.S.C. 
        470bb).
            (2) Covered item.--The term ``covered item'' means Native 
        American cultural items as defined in section 2 of the Native 
        American Graves Protection and Repatriation Act (25 U.S.C. 
        3001), Native American archaeological resources as defined in 
        section 3 of the Archaeological Resources Protection Act of 
        1979 (16 U.S.C. 470bb), or Native American objects of antiquity 
        within the meaning of the Antiquities Act under section 1866(b) 
        of title 18, United States Code.
            (3) Cultural affiliation.--The term ``cultural 
        affiliation'' has the meaning given the term in section 2 of 
        the Native American Graves Protection and Repatriation Act (25 
        U.S.C. 3001).
            (4) Cultural items.--The term ``cultural items'' has the 
        meaning given the term in section 2 of the Native American 
        Graves Protection and Repatriation Act (25 U.S.C. 3001).
            (5) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 2 of the Native American 
        Graves Protection and Repatriation Act (25 U.S.C. 3001).
            (6) Native american.--The term ``Native American'' has the 
        meaning given the term in section 2 of the Native American 
        Graves Protection and Repatriation Act (25 U.S.C. 3001).
            (7) 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).
            (8) Object of antiquity.--The term ``object of antiquity'' 
        means an item within the meaning of the Antiquities Act under 
        section 1866(b) of title 18, United States Code.

SEC. 5. REMOVAL FOR THE BENEFIT OF AND RETURN TO INDIAN TRIBES.

    (a) Archaeological Resources Protection Act.--The Archaeological 
Resources Protection Act of 1979 is amended--
            (1) in section 4(b) (16 U.S.C. 470cc(b))--
                    (A) in paragraph (2), by inserting ``or for the 
                benefit of an Indian Tribe'' after ``public interest''; 
                and
                    (B) in paragraph (3) by inserting ``an Indian Tribe 
                or'' before ``a suitable university''; and
            (2) in section 5 (16 U.S.C. 470dd) by inserting ``and such 
        Indian or Indian Tribe shall have the right of first refusal'' 
        after ``jurisdiction over such lands''.
    (b) Antiquities Act.--Section 320302(b) of title 54, United States 
Code is amended--
            (1) in paragraph (1), by inserting ``a federally recognized 
        Indian Tribe,'' before ``a reputable museum''; and
            (2) in paragraph (2), by inserting ``by a federally 
        recognized Indian Tribe or'' before ``in a public museum'' and 
        adding at the end ``, provided that the federally recognized 
        Indian Tribe with the closest cultural affiliation shall have 
        the right of first refusal''.

SEC. 6. EXPORT RESTRICTIONS AND AUTHORITIES.

    (a) Voluntary Return of Covered Items.--Whoever seeks to export a 
covered item without a required export certification but voluntarily 
returns the covered item to the Indian Tribe with a likely cultural 
affiliation prior to active investigation shall not be prosecuted for 
such violation with respect to the covered item. The process of 
obtaining an export certification does not qualify as active 
investigation.
    (b) Export Restriction.--
            (1) In general.--It shall be unlawful for any person to 
        export or otherwise transport from the United States Native 
        American cultural items obtained in violation of the Native 
        American Graves Protection and Repatriation Act (25 U.S.C. 3001 
        et seq. or 18 U.S.C. 1170), Native American archaeological 
        resources obtained in violation of the Archaeological Resources 
        Protection Act of 1979 (16 U.S.C. 470aa et seq.), and Native 
        American objects of antiquity obtained in violation of the 
        Antiquities Act under section 1866(b) of title 18, United 
        States Code, and covered items under active Federal 
        investigation.
            (2) Penalties.--Any person who violates paragraph (1) 
        knowing that the covered items were obtained in violation of 
        the Native American Graves Protection and Repatriation Act (25 
        U.S.C. 3002 et seq. or 18 U.S.C. 1170), the Archaeological 
        Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), or 
        the Antiquities Act under section 1866(b) of title 18, United 
        States Code, shall be fined in accordance with section 3571 of 
        title 18, United States Code, and shall be imprisoned for not 
        more than 1 year for a first violation and not more than 10 
        years for a second or subsequent violation.
    (c) Export Certification.--
            (1) When export certification required.--
                    (A) Prohibition on export without certification.--
                No covered item may be exported from the United States 
                without first having obtained an export certification 
                in accordance with this subsection.
                    (B) Publication.--The Secretary shall, in 
                consultation with Indian Tribes, publish in the Federal 
                Register a notice that includes--
                            (i) a description of characteristics 
                        typical of covered items which shall be 
                        sufficiently specific and precise to ensure 
                        export certification is required only of such 
                        covered items and that fair notice is given to 
                        exporters and other persons as to which items 
                        require an export certification; and
                            (ii) a description of items that do not 
                        qualify as covered items and therefore do not 
                        require an export certification under this 
                        paragraph, which shall--
                                    (I) clarify that objects made for 
                                commercial purposes generally do not 
                                qualify as a covered item; and
                                    (II) clarify that in some 
                                circumstances receipts or 
                                certifications issued by Indian Tribes 
                                or Tribal artisans may be used as 
                                evidence to demonstrate a particular 
                                item does not qualify as a covered 
                                item.
            (2) Eligibility for export certification.--A covered item, 
        absent an ongoing Federal investigation, shall be deemed 
        eligible for export certification if it--
                    (A) was not obtained in violation of the Native 
                American Graves Protection and Repatriation Act (25 
                U.S.C. 3002 et seq. or 18 U.S.C. 1170), the 
                Archaeological Resources Protection Act of 1979 (16 
                U.S.C. 470aa et seq.), or the Antiquities Act under 
                section 1866(b) of title 18, United States Code, and 
                the export of the covered item would not otherwise 
                violate any other provision of Federal law;
                    (B) 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) or section 
                320302 of title 54, United States Code, or 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, and the export of the covered item 
                would not otherwise violate any other provision of 
                Federal law; or
                    (C) is accompanied with a confirmation from an 
                Indian Tribe confirming the person's right of 
                possession, as defined in section 2 of the Native 
                American Graves Protection and Repatriation Act (25 
                U.S.C. 3001), to the covered item, or confirming that 
                the Indian Tribe has relinquished title or control, as 
                provided for in section 3 of the Native American Graves 
                Protection and Repatriation Act (25 U.S.C. 3002), of 
                the covered item, and the export of the covered item 
                would not otherwise violate any other provision of 
                Federal law.
            (3) Export certification procedures.--
                    (A) Export certification process.--
                            (i) Attestation.--An attestation shall be 
                        made by the exporter through one of the 
                        procedures set forth below stating that to the 
                        best of the applicant's knowledge and belief, 
                        the applicant is not exporting a Native 
                        American cultural item obtained in violation of 
                        the Native American Graves Protection and 
                        Repatriation Act (25 U.S.C. 3001 et seq. or 18 
                        U.S.C. 1170), a Native American archaeological 
                        resource obtained in violation of the 
                        Archaeological Resources Protection Act of 1979 
                        (16 U.S.C. 470aa et seq.), or a Native American 
                        object of antiquity obtained in violation of 
                        the Antiquities Act under section 1866(b) of 
                        title 18, United States Code.
                            (ii) Attestation form.--An attestation 
                        form, which shall describe and provide a 
                        picture of the covered items, shall be 
                        submitted by an exporter as an electronic 
                        filing through the Automated Export System 
                        (AES) for all commercial shipments including 
                        covered items. An exporter's attestation shall 
                        be required for covered items prior to the 
                        issuance of an export certification under the 
                        AES system.
                            (iii) Information provided by cbp.--U.S. 
                        Customs and Border Protection shall provide to 
                        the Secretary the information in electronic 
                        declarations that include covered items.
                            (iv) Export certification required.--All 
                        covered items must receive an export 
                        certification through the AES system regardless 
                        of monetary value.
                            (v) False statements.--Any willful or 
                        knowing false statement made on an attestation 
                        document described in clauses (i) through (iv) 
                        shall--
                                    (I) subject the applicant to 
                                criminal penalties pursuant to section 
                                1001 of title 18, United States Code; 
                                and
                                    (II) prohibit the applicant from 
                                receiving an export certification for 
                                covered items through attestation in 
                                the future.
                        These penalties do not attach to the covered 
                        item for future exports but rather to the 
                        applicant.
                    (B) Issuance of export certification.--
                            (i) For commercial shipments valued at less 
                        than $2,500.00 that include covered items, the 
                        exporter shall complete the attestation process 
                        and will immediately receive an export 
                        certification from U.S. Customs and Border 
                        Protection through the AES system. The exporter 
                        is not required to obtain an Internal 
                        Transaction Number (ITN).
                            (ii) For commercial shipments valued at 
                        $2,500 or more that include covered items--
                                    (I) the exporter must complete the 
                                attestation process;
                                    (II) U.S. Customs and Border 
                                Protection must consult with the 
                                Secretary and with Native American 
                                tribes and Native Hawaiian 
                                organizations regarding issuing an 
                                export certification;
                                    (III) U.S. Customs and Border 
                                Protection will issue an export 
                                certification through the AES system--
                                            (aa) within 6 days of 
                                        completion of the attestation 
                                        process unless credible 
                                        evidence is provided that 
                                        indicates the covered item was 
                                        obtained in violation of the 
                                        Native American Graves 
                                        Protection and Repatriation Act 
                                        (25 U.S.C. 3002 et seq. or 18 
                                        U.S.C. 1170), the 
                                        Archaeological Resources 
                                        Protection Act of 1979 (16 
                                        U.S.C. 470aa et seq.), or the 
                                        Antiquities Act under section 
                                        1866(b) of title 18, United 
                                        States Code, or of other United 
                                        States law or the covered item 
                                        is under active Federal 
                                        investigation; or
                                            (bb) with notice to the 
                                        exporter, U.S. Customs and 
                                        Border Protection can extend 
                                        the review of an application 
                                        for certification for up to 30 
                                        days if credible evidence is 
                                        provided which requires 
                                        investigation, after which 
                                        certification shall be approved 
                                        or denied, consistent with 
                                        clause (iii); and
                                    (IV) once U.S. Customs and Border 
                                Protection issues the export 
                                certification and upon completion of 
                                the AES application, the exporter will 
                                receive an Internal Transaction Number 
                                (ITN) through AES.
                            (iii) Rule of construction.--Denial of 
                        export certification shall not in itself enable 
                        seizure or in any way affect the legal status 
                        of an item under existing United States law.
                            (iv) Additional evidence.--If an export 
                        certification is delayed or denied, notice 
                        shall be given to the exporter, who may provide 
                        U.S. Customs and Border Protection with 
                        evidence to establish that the covered item is 
                        not prohibited from export.
                    (C) Revocation of export certification.--If 
                credible new evidence is provided that indicates a 
                covered item that received an export certification was 
                obtained in violation of the Native American Graves 
                Protection and Repatriation Act (25 U.S.C. 3001 et seq. 
                or 18 U.S.C. 1170), Archaeological Resources Protection 
                Act of 1979 (16 U.S.C. 470aa et seq.), or Antiquities 
                Act under section 1866(b) of title 18, United States 
                Code, or other Federal law, or is under active Federal 
                investigation, U.S. Customs and Border Protection may 
                immediately revoke export certification if prior to 
                export, and shall obtain approval of a United States 
                court to revoke the export certification, after export 
                has taken place. In making a determination about 
                whether revocation is warranted, Indian Tribes and 
                Native Hawaiian organizations shall be consulted.
                    (D) Seizure and forfeiture.--
                            (i) Seizure.--Any covered item that a 
                        person is attempting to export without an 
                        export certification described in this 
                        subsection shall be subject to seizure by 
                        United States customs officers and a Notice of 
                        Detention shall be issued to the exporter.
                            (ii) Forfeiture.--A covered item seized 
                        under clause (i) that is found to be obtained 
                        in violation of the Native American Graves 
                        Protection and Repatriation Act (25 U.S.C. 3002 
                        et seq. or 18 U.S.C. 1170), the Archaeological 
                        Resources Protection Act of 1979 (16 U.S.C. 
                        470aa et seq.), or the Antiquities Act under 
                        section 1866(b) of title 18, United States 
                        Code, shall be forfeited, consistent with 
                        chapter 46 of title 18, United States Code, to 
                        the Federal Government or repatriated to the 
                        Indian Tribe pursuant to the process provided 
                        for under the law under which it is found to be 
                        obtained in violation. The provisions of 
                        section 983(c) of title 18, United States Code, 
                        shall apply to any forfeiture under this Act.
                            (iii) Return to exporter.--A covered item 
                        seized under clause (i) for which credible 
                        evidence does not establish within 60 days that 
                        it was obtained in violation of the Native 
                        American Graves Protection and Repatriation Act 
                        (25 U.S.C. 3002(c) et seq. or 18 U.S.C. 1170), 
                        the Archaeological Resources Protection Act of 
                        1979 (16 U.S.C. 470aa et seq.), or the 
                        Antiquities Act under section 1866(b) of title 
                        18, United States Code, shall be returned to 
                        the exporter but shall not receive an export 
                        certification at that time.
                    (E) Appeal.--If the U.S. Customs and Border 
                Protection denies an export certification, issues a 
                Detention Notice, or seizes a covered item under this 
                subsection, the applicant shall, upon request, be given 
                a hearing on the record.
                    (F) Information in filings.--The Secretary shall 
                make information on the covered items included in the 
                filings available to Native American tribes and Native 
                Hawaiian organizations via a secure website or other 
                method in compliance with AES procedures.
    (d) Agreements To Request Return From Foreign Countries.--The 
President is authorized to request from a State Party agreements or 
provisional measures subject to the limitations of Article 9 of the 
Convention on the Means of Prohibiting and Preventing the Illicit 
Import, Export and Transfer of Ownership of Cultural Property, 823 
U.N.T.S. 231 (1972), to request the return from the State Party 
cultural items that were obtained in violation of the Native American 
Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq. or 18 
U.S.C. 1170), Native American archaeological resources obtained in 
violation of the Archaeological Resources Protection Act of 1979 (16 
U.S.C. 470aa et seq.), and Native American objects of antiquity 
obtained in violation of the Antiquities Act under section 1866(b) of 
title 18, United States Code.

SEC. 7. VOLUNTARY RETURN OF NATIVE AMERICAN AND NATIVE HAWAIIAN ITEMS.

    (a) Liaison.--The Secretary and the Secretary of State shall each 
designate a liaison to facilitate the voluntary return of Native 
American items.
    (b) Trainings and Workshops.--The individuals listed in subsection 
(a) shall hold trainings and workshops for representatives of Indian 
Tribes and Native Hawaiian organizations and collectors, dealers, other 
individuals and organizations regarding the voluntary return of Native 
American items.
    (c) Referrals.--
            (1) In general.--The Secretary shall refer individuals and 
        organizations to one or more Indian Tribes or Native Hawaiian 
        organizations with a likely cultural affiliation to Native 
        American items for the purpose of facilitating the voluntary 
        return of Native American items.
            (2) 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).
            (3) Consultation.--The Secretary shall consult with Indian 
        Tribes and Native Hawaiian organizations before making a 
        referral under paragraph (1).
            (4) Third-party experts.--The Secretary may utilize third 
        parties with relevant expertise, including universities, 
        museums, dealers, collector organizations, and others, in 
        making determinations regarding to which Indian Tribe or Native 
        Hawaiian organization an individual or organization should be 
        referred under paragraph (1).
    (d) Legal Liability.--This section shall not impose additional 
penalties or legal liability.
    (e) Immunity.--Any person who voluntarily returns covered items 
prior to active investigation shall have immunity from criminal 
prosecution for taking or holding such items.
    (f) Repatriation Under Native American Graves Protection and 
Repatriation Act.--The voluntary return provisions of this section 
shall apply to a specific Native American item 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.
    (g) Tax Documentation.--Voluntary return facilitation shall include 
provision for tax documentation of deductible gifts of Native American 
items to Native American tribes and Native Hawaiian organizations.

SEC. 8. HALTING INTERNATIONAL SALES.

    (a) Request Indian Tribe or Native Hawaiian Organization.--An 
Indian Tribe or Native Hawaiian organization may submit to the liaison 
designated by the Secretary of State a request that the United States 
become involved in halting the international sale of Native American 
cultural items obtained in violation of the Native American Graves 
Protection and Repatriation Act (25 U.S.C. 3001 et seq. or 18 U.S.C. 
1170), Native American archaeological resources obtained in violation 
of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa 
et seq.), and Native American objects of antiquity obtained in 
violation of the Antiquities Act under section 1866(b) of title 18, 
United States Code. Such a request shall include--
            (1) a certification that the Indian Tribe or Native 
        Hawaiian organization submits evidence the item was illegally 
        removed or trafficked in violation of Federal law; and
            (2) any other relevant information establishing that the 
        item is protected under Federal law.
    (b) Department of State Action.--Not later than 15 days after 
receipt of a request under subsection (a) or before the sale is 
finalized, whichever is sooner, the Secretary of State shall contact--
            (1) the foreign government and person intending to sell the 
        item to request that--
                    (A) the sale not take place; and
                    (B) the item be returned to the relevant Indian 
                Tribe or Native Hawaiian organization; and
            (2) the Department of Justice to transmit the request and 
        any other relevant information.
    (c) Department of Justice Action.--
            (1) In general.--Upon receipt of a request from the 
        Secretary of State under subsection (b), the Attorney General 
        shall contact the appropriate Indian Tribe or Native Hawaiian 
        organization to consult the Tribe or organization regarding 
        legal options with regard to the sale or intended sale of the 
        item, which may include filing criminal charges domestically or 
        abroad against the seller or the foreign government or person 
        intending to sell the item.
            (2) Consultation with indian tribe and native hawaiian 
        organization.--The Attorney General shall consult the 
        appropriate Indian Tribe or Native Hawaiian organization 
        regarding whether to initiate legal action and whether any 
        legal action that the Attorney General commenced should be 
        dismissed, in order to facilitate voluntary return of the item.
            (3) Requests from tribe.--In the case that an Indian Tribe 
        or Native Hawaiian organization submits to the Attorney General 
        a request that the Attorney General cease pursuing legal action 
        with regard to the sale of the Indian Tribe's or Native 
        Hawaiian organization's item, the Attorney General shall 
        promptly cease pursuing such legal action.

SEC. 9. WORKING GROUPS.

    (a) In General.--The Secretary shall convene a working group 
consisting of representatives of Indian Tribes and Native Hawaiian 
organizations, and a working group consisting of Native American and 
Native Hawaiian art dealers, collectors, and museums to advise the 
Federal Government. The Secretary's liaison designated to facilitate 
voluntary return under section 7 shall be the main point of contact.
    (b) Recommendations.--The working group convened under subsection 
(a) may provide recommendations regarding--
            (1) identification of which Indian Tribe or Native Hawaiian 
        organization may be associated with an item for purposes of 
        taking action under this Act;
            (2) the voluntary return of items by collectors, dealers, 
        and other individuals and organizations that hold such items;
            (3) the elimination of illegal commerce in items in the 
        United States and foreign markets; and
            (4) the repatriation to Indian Tribes and Native Hawaiian 
        organizations of items that have been illegally removed or 
        trafficked in violation of Federal law.
    (c) Agency and Committee Assistance.--
            (1) In general.--The agencies and committees described in 
        paragraph (2) shall provide information and assistance to the 
        working groups convened under subsection (a) upon request by 
        the working groups.
            (2) Agencies and committees.--The agencies and committees 
        described in this subsection 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 Native American Graves Protection and 
                Repatriation Review Committee established under section 
                8 of the Native American Graves Protection and 
                Repatriation Act (25 U.S.C. 3006).
                    (F) Any other relevant Federal agency.

SEC. 10. U.S. CUSTOMS AND BORDER PROTECTION TRAINING.

    The Secretary of Homeland Security, acting through the Commissioner 
of Customs and Border Protection, shall require all appropriate 
personnel of U.S. Customs and Border Protection to participate in 
training to identify covered items for purposes of this Act and the 
amendments made by this Act.

SEC. 11. INTERAGENCY WORKING GROUP.

    (a) In General.--The Secretary shall convene an interagency working 
group consisting of representatives from the Departments of Interior, 
Justice, State, and Homeland Security.
    (b) Goals.--The goals of the working group are to facilitate 
repatriation to Indian Tribes and Native Hawaiian organizations of 
items that have been illegally removed or trafficked in violation of 
Federal law; to protect such items still in Indian Tribes' and Native 
Hawaiian organizations' possession; and to improve Federal agencies' 
implementation of the Native American Graves Protection and 
Repatriation Act (25 U.S.C. 3001 et seq.), the Archaeological Resources 
Protection Act of 1979 (16 U.S.C. 470aa et seq.), and other relevant 
laws.
    (c) Responsibilities.--The interagency working group shall aid in 
implementation of other provisions of this Act, including regarding 
voluntary return of Native American items and halting international 
sales, and shall collaborate with the working groups created pursuant 
to this Act.
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