[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.

                          ____________________