[Congressional Record Volume 166, Number 214 (Thursday, December 17, 2020)]
[Senate]
[Pages S7583-S7586]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SAFEGUARD TRIBAL OBJECTS OF PATRIMONY ACT OF 2019
Mr. HEINRICH. Mr. President, as if in legislative session, I ask
unanimous consent that the Senate proceed to the immediate
consideration of Calendar No. 608, S. 2165.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 2165) to enhance protections of Native American
tangible cultural heritage, and for other purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Indian Affairs, with an
amendment to strike all after the enacting clause and insert in lieu
thereof the following
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safeguard Tribal Objects of
Patrimony Act of 2020''.
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'';
(2) in subsection (a), by striking ``12 months'' and
inserting ``1 year and 1 day''; and
(3) in subsection (b), by striking ``one year'' 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
[[Page S7584]]
(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
[[Page S7585]]
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.
[[Page S7586]]
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.
Mr. HEINRICH. I further ask unanimous consent that the Heinrich
amendment to the committed-reported substitute amendment at the desk be
considered and agreed to and that the committee-reported substitute
amendment, as amended, be agreed to.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 2712) was agreed to as follows
(Purpose: To modify certain penalties)
On page 28, strike lines 15 through 23 and insert the
following:
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''.
The committee-reported amendment in the nature of a substitute, as
amended, was agreed to.
The bill was ordered to be engrossed for a third reading and was read
the third time.
Mr. HEINRICH. I know of no further debate on the bill, as amended.
The PRESIDING OFFICER. Is there further debate?
If not, the bill having been read the third time, the question is,
Shall the bill pass, as amended?
The bill (S. 2165), as amended, was passed.
(The bill (S. 2165), as amended, is printed in the Record of January
22, 2021.)
Mr. HEINRICH. I ask unanimous consent that the motion to reconsider
be considered made and laid upon the table with no intervening action
or debate.
=========================== NOTE ===========================
On page S7586, December 17, 2020, second column, the following
appears: The bill (S. 2165), as amended, was passed. Mr. HEINRICH.
I ask unanimous consent that the motion to reconsider be --
The online Record has been corrected to read: The bill (S.
2165), as amended, was passed. (The bill (S. 2165), as amended, is
printed in the Record of January 22, 2021.) Mr. HEINRICH. I ask
unanimous consent that the motion to reconsider be --
========================= END NOTE =========================
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________