Title: To amend the Native American Graves Protection and Repatriation Act to move the enforcement office to the Bureau of Indian Affairs, to increase the civil monetary penalties for failure to follow the processes established by that Act, to protect confidential information, and for other purposes.
Policy area: Native Americans

Summary:
This bill revises certain provisions related to the repatriation and disposition of Native American human remains, funerary objects, cultural patrimony, and sacred objects.
Specifically, the bill (1) increases fines on museums that violate repatriation and disposition requirements, (2) makes the Bureau of Indian Affairs the enforcement office for such violations, and (3) deems information that is related to the fulfillment of repatriation and disposition obligations or submitted to the review committee as confidential.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8298 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8298

To amend the Native American Graves Protection and Repatriation Act to 
    move the enforcement office to the Bureau of Indian Affairs, to 
    increase the civil monetary penalties for failure to follow the 
processes established by that Act, to protect confidential information, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 17, 2020

 Ms. Haaland (for herself, Mr. Cole, and Ms. McCollum) introduced the 
    following bill; which was referred to the Committee on Natural 
                               Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Native American Graves Protection and Repatriation Act to 
    move the enforcement office to the Bureau of Indian Affairs, to 
    increase the civil monetary penalties for failure to follow the 
processes established by that Act, to protect confidential information, 
                        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. NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT 
              AMENDMENTS.

    (a) Civil Penalties.--Section 9 of the Native American Graves 
Protection and Repatriation Act (25 U.S.C. 3007 et seq.) is amended--
            (1) in subsection (a), by inserting ``in which the 
        petitioning party and the aggrieved party are each entitled to 
        notice and an opportunity to be heard'' after ``agency 
        hearing''; and
            (2) in subsection (b), by striking ``determined under 
        regulations promulgated pursuant to this Act, taking into 
        account, in addition to other factors'' and inserting ``5 
        percent of the museum's annual budget, or $25,000, whichever is 
        less, for each substantiated failure to comply, and such 
        additional sums as the Secretary may determine under 
        regulations promulgated pursuant to this Act, taking into 
        account other factors, including--''.
    (b) Enforcement Office.--Section 15 of the Native American Graves 
Protection and Repatriation Act (25 U.S.C. 3001 et seq.) is amended as 
follows:
            (1) By striking ``The United States'' and inserting the 
        following:
    ``(a) Court of Jurisdiction.--The United States''.
            (2) By adding at the end the following:
    ``(b) Office of Enforcement.--The Office of the Assistant 
Secretary, Bureau of Indian Affairs, shall be the office for 
enforcement and other activities delegated by the Secretary under this 
Act.''.
    (c) Confidential Information.--The Native American Graves 
Protection and Repatriation Act (25 U.S.C. 3001 et seq.) is amended by 
inserting after section 15 the following:

``SEC. 16. CONFIDENTIAL INFORMATION.

    ``(a) Fulfillment of Obligations.--Notwithstanding any other 
provision of law, all information related to the fulfillment of 
obligations imposed by this Act, regardless of form, shall be deemed 
confidential and not subject to public disclosure by the Secretary, a 
museum, or a Federal agency, unless such disclosure is required to 
fulfill an obligation imposed by this Act or regulations promulgated 
thereto.
    ``(b) Submitted to the Review Committee.--Notwithstanding any other 
provision of law, all information submitted to the Review Committee by 
an affected party seeking findings or resolution of disputes pursuant 
to section 8(c)(3) and (4) shall be deemed confidential and not subject 
to public disclosure by the Review Committee, if the affected party 
indicates upon submission that such information shall be kept 
confidential.''.
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