[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1471 Reported in Senate (RS)]
<DOC>
Calendar No. 109
117th CONGRESS
1st Session
S. 1471
[Report No. 117-33]
To enhance protections of Native American tangible cultural heritage,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 29, 2021
Mr. Heinrich (for himself, Ms. Murkowski, Ms. Cortez Masto, Mr. Crapo,
Mr. Lujan, Mr. Daines, Ms. Sinema, Mr. Rounds, Ms. Rosen, Mr. Lankford,
Ms. Baldwin, and Mr. Sullivan) introduced the following bill; which was
read twice and referred to the Committee on Indian Affairs
July 28, 2021
Reported by Mr. Schatz, without amendment
_______________________________________________________________________
A BILL
To enhance protections of Native American tangible 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 ``Safeguard Tribal Objects of
Patrimony Act of 2021''.
SEC. 2. 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),
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. 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.--
(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. 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.--
(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) 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
(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.--
(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, in consultation
with Indian Tribes and Native Hawaiian
organizations, and at the discretion of the
Secretary, in consultation with third parties
with relevant expertise, including institutions
of higher education, museums, dealers, and
collector organizations, shall develop an
export certification application form, which
shall require that an applicant--
(I) describe, and provide pictures
of, each Item Requiring Export
Certification that the applicant seeks
to export;
(II) include all available
information regarding the provenance of
each such Item Requiring Export
Certification; and
(III) include the attestation
described in subparagraph (B)(i).
(B) Evidence.--
(i) In general.--In completing an export
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) Additional requirements.--
(I) 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.
(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.--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, 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.
(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) 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 with chapter 46 of title 18,
United States Code (including section 983(c) of that
chapter).
(C) Repatriation or return to exporter.--
(i) 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) 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.
(C) Use of fines collected.--Any amounts collected
by the Secretary as a civil penalty under subparagraph
(A)(ii)(I) or (B)--
(i) may be used by the Secretary--
(I) for fines collected under
subparagraph (A)(ii)(I), to process
export certification applications under
this subsection; and
(II) for fines collected under
subparagraph (B), to store and
repatriate the Item Prohibited from
Exportation;
(ii) shall supplement (and not supplant)
any appropriations to the Secretary to carry
out this subsection; and
(iii) shall not be covered into the
Treasury as miscellaneous receipts.
(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 collect
reasonable fees to process export certification
applications under this subsection.
(B) Availability of amounts collected.--Any amounts
collected by the Secretary under subparagraph (A)--
(i) shall supplement (and not supplant) any
appropriations to the Secretary for the
activities described in subparagraph (A); and
(ii) shall not be covered into the Treasury
as miscellaneous receipts.
(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 such
rules and regulations as the Secretary promulgates pursuant to
section 10.
(8) 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) 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. 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) 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, 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. INTERAGENCY WORKING GROUP.
(a) In General.--The Secretary shall designate a coordinating
office to convene an interagency working group consisting of
representatives from the Departments of the Interior, Justice, State,
and Homeland Security.
(b) Goals.--The goals of the interagency working group convened
under subsection (a) are--
(1) to facilitate the repatriation to Indian Tribes and
Native Hawaiian organizations of items that have been illegally
removed or trafficked in 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--
(A) the Native working group convened under section
8(a);
(B) the review committee established under section
8(a) of the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3006(a));
(C) the Cultural Heritage Coordinating Committee
established pursuant to section 2 of the Protect and
Preserve International Cultural Property Act (Public
Law 114-151; 19 U.S.C. 2601 note); and
(D) any other relevant committees and working
groups.
SEC. 8. NATIVE WORKING GROUP.
(a) In General.--The Secretary shall convene a 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.
(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. 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. REGULATIONS.
(a) In General.--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.
(b) Inclusion.--The regulations promulgated by the Secretary
pursuant to subsection (a) shall include a reasonable deadline by which
the Secretary shall approve or deny an export certification application
under section 5(b).
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$3,000,000 for each of fiscal years 2021 through 2026.
Calendar No. 109
117th CONGRESS
1st Session
S. 1471
[Report No. 117-33]
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A BILL
To enhance protections of Native American tangible cultural heritage,
and for other purposes.
_______________________________________________________________________
July 28, 2021
Reported without amendment