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S. 2165 — what changed

Safeguard Tribal Objects of Patrimony Act of 2020

From Reported in Senate to Engrossed in Senate. 9 sections amended and 2 added between Reported in Senate and Engrossed in Senate.

Section 1 Short title

changed This Act may be cited as the “Safeguard Tribal Objects of Patrimony Act of 2019”.2020”.

Sec. 2 Purposes

changed It is the purpose The purposes of this Act—Act are—

(1)
changed to carry out the United States trust responsibility of the United States to Indian Tribes;
(2)
changed 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 the Native American Graves Protection and Repatriation that Act), in order to strengthen deterrence;
(3)
changed to make internationally applicable 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 the Native American Graves Protection that Act) and Repatriation Act), archaeological resources prohibited from being trafficked by the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), and the Antiquities Act under section 1866(b) of title 18, United States Code, to facilitate the international repatriation of Native American cultural items, Native American archaeological resources, and Native American objects of antiquity;seq.) by—
(A)
added explicitly prohibiting the export;
(B)
added creating an export certification system; and
(C)
added 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)
changed to access other countries’ domestic laws and law enforcement mechanisms establish a Federal framework in order to facilitate international repatriation by explicitly prohibiting support the exportation voluntary return by individuals and organizations of Native American cultural items obtained in violation 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 the Native American Graves Protection that Act) and Repatriation Act), Native American archaeological resources obtained in violation of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), and Native American objects of antiquity obtained in violation of the Antiquities Act under section 1866(b) of title 18, United States Code, and by creating an export certification system;seq.);
(5)
changed to confirm the authority of the President establish an interagency working group to request from foreign nations agreements or provisional measures under the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property (823 U.N.T.S. 231 (1972)), ensure communication between Federal agencies to facilitate the return of Native American cultural items obtained in violation of 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 the Native American Graves Protection and Repatriation that Act), Native American archaeological resources obtained in violation of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), and Native American objects of antiquity obtained in violation of the Antiquities Act under section 1866(b) of title 18, United States Code;other relevant Federal laws;
(6)
changed to establish a Federal framework in order to support individuals’ and organizations’ voluntary return of items Native working group of tangible cultural heritage, which need not be obtained Indian Tribes and Native Hawaiian organizations to assist in violation 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 the Native American Graves Protection and Repatriation that Act), the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), or the Antiquities Act under section 1866(b) of title 18, United States Code;and other relevant Federal laws;
(7)
changed to establish an interagency working group to ensure communication between all Federal agencies to successfully implement the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) (including exempt from disclosure under section 1170 552 of title 18, 5, United States Code, Code (commonly known as added by the Native American Graves Protection and Repatriation Act), the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), and the Antiquities Act under section 1866(b) “Freedom of title 18, United States Code;Information Act”)—
(A)
added information submitted by Indian Tribes or Native Hawaiian organizations pursuant to this Act; and
(B)
added information relating to an Item Requiring Export Certification for which an export certification was denied pursuant to this Act; and
(8)
changed to establish a Tribal working group encourage buyers to provide recommendations regarding implementation 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 purchase legal contemporary art made by the Native American Graves Protection and Repatriation Act), the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), and the Antiquities Act under section 1866(b) of title 18, United States Code; andartists for commercial purposes.
(9)
removed to create a Freedom of Information Act exemption for information submitted by Indian Tribes pursuant to this Act.

Sec. 3 Definitions

changed In this Act, the following definitions apply:Act:

(1)
changed Cultural affiliation—Archaeological resource— The term cultural affiliation has the meaning given the term archaeological resource means an archaeological resource (as defined in section 2 3 of the Native American Graves Archaeological Resources Protection and Repatriation Act (25 of 1979 (16 U.S.C. 3001).470bb)) that is Native American.
(2)
changed Indian Tribe—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—Tribe or Native Hawaiian organization and an identifiable earlier group.
(A)
removed 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); and
(B)
removed includes “Native Hawaiian organization” as that term is defined in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001).
(3)
changed Item Requiring Export Certification—Cultural item— The term Item Requiring Export Certification means—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)).
(A)
removed a Native American “cultural item” as defined in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001);
(B)
removed a Native American “archaeological resource” as defined in section 3 of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb); or
(C)
removed a Native American “object of antiquity” within the meaning of section 1866(b) of title 18, United States Code.
(4)
changed Item Prohibited from Exportation—Indian Tribe— The term Item Prohibited from Exportation means—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).
(A)
removed a Native American “cultural item” as defined in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001) and obtained 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 the Native American Graves Protection and Repatriation Act);
(B)
removed a Native American “archaeological resource” as defined in section 3 of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb) and obtained in violation of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.);
(C)
removed a Native American “object of antiquity” within the meaning of and obtained in violation of the Antiquities Act under section 1866(b) of title 18, United States Code; or
(D)
removed a Native American “cultural item” as defined in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001), Native American “archaeological resource” as defined in section 3 of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb), or Native American “object of antiquity” within the meaning of the Antiquities Act under section 1866(b) of title 18, United States Code, that is under active Federal investigation.
(5)
changed Native American—Item prohibited from exportation— The term Native American—Item Prohibited from Exportation means—
(A)
changed has the meaning given the term in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001); anda cultural item prohibited from being trafficked, including through sale, purchase, use for profit, or transport for sale or profit, by—
(i)
added 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)
added any other Federal law or treaty; and
(B)
changed includes “Native Hawaiian” as that term is defined an archaeological resource prohibited from being trafficked, including through sale, purchase, exchange, transport, receipt, or offer to sell, purchase, or exchange, including in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001).interstate or foreign commerce, by—
(i)
added subsections (b) and (c) of section 6 of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470ee); or
(ii)
added any other Federal law or treaty.
(6)
added Item requiring export certification—
(A)
added In general— The term Item Requiring Export Certification means—
(i)
added a cultural item; and
(ii)
added an archaeological resource.
(B)
added 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)
added Native American— The term Native American means—
(A)
added Native American (as defined in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001)); and
(B)
added Native Hawaiian (as so defined).
(8)
added 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)
renumbered was (8) Secretary— The term Secretary means the Secretary of the Interior.
(10)
renumbered was (9) Tangible cultural heritage— The term tangible cultural heritage means—
(A)
renumbered was (9)(3) Native American human remains; or
(B)
renumbered was (9)(4) culturally, historically, or archaeologically significant objects, resources, patrimony, or other items that are affiliated with a Native American culture.

Sec. 4 Enhanced NAGPRA penalties

changed Section 1170 of title 18, United States Code, is amended by striking “5 years” each place it appears and inserting “10 years”.amended—

(1)
added by striking “5 years” each place it appears and inserting “10 years”; and
(2)
added 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)
changed In general— It shall be unlawful for any person to export or otherwise transport from the United States any Item Prohibited from Exportation.person—
(A)
added to export, attempt to export, or otherwise transport from the United States any Item Prohibited from Exportation;
(B)
added to conspire with any person to engage in an activity described in subparagraph (A); or
(C)
added to conceal an activity described in subparagraph (A).
(2)
changed 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, and shall be imprisoned for not more than 1 year and 1 day for a first violation violation, and not more than 10 years for a second or subsequent violation.violation, or both.
(3)
added Detention, forfeiture, and repatriation—
(A)
added Detention and delivery— The Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall—
(i)
added 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)
added deliver the Item Prohibited from Exportation to the Secretary.
(B)
added 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)
added 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)
added 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)
added 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)
changed Publication— The Secretary shall, Secretary, in consultation with Indian Tribes, Tribes and Native Hawaiian organizations, shall publish in the Federal Register a notice that includes—
(i)
changed a description of characteristics typical of Items Requiring Export Certification, which shall be sufficiently specific and precise to ensure an export certification is required only of such Items Requiring Export Certification and that fair notice is given to exporters and other persons as to which items require an export certification under this paragraph; andshall—
(I)
added include the definitions of the terms—
(aa)
added “cultural items” in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001); and
(bb)
added “archaeological resource” in section 3 of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb);
(II)
added describe the provenance requirements associated with the trafficking prohibition applicable to—
(aa)
added cultural items under section 1170(b) of title 18, United States Code; and
(bb)
added archaeological resources under subsections (b) and (c) of section 6 of Archaeological Resources Protection Act of 1979 (16 U.S.C. 470ee);
(III)
added
(aa)
added 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)
added describe how those terms apply to archaeological resources under this Act; and
(IV)
added be sufficiently specific and precise to ensure that—
(aa)
added an export certification is required only for Items Requiring Export Certification; and
(bb)
added fair notice is given to exporters and other persons regarding which items require an export certification under this subsection; and
(ii)
changed 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 paragraph, subsection, which shall—shall clarify that—
(I)
changed clarify that objects an item made solely for commercial purposes generally do is presumed to not qualify as an Item Requiring Export Certification; Certification, unless an Indian Tribe or Native Hawaiian organization challenges that presumption; and
(II)
changed clarify that in some circumstances 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)
changed Eligibility for export certification— An Item Requiring Export Certification is not an Item Prohibited from Exportation and is therefore eligible for an export certification if it is not under ongoing Federal investigation and it—this subsection if—
(A)
changed was not obtained within the time and location provenance parameters 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 the Native American Graves Protection and Repatriation Act), the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), or the Antiquities Act under section 1866(b) of title 18, United States Code, and the export of the Item Requiring Export Certification would is not otherwise violate any other provision of law;under ongoing Federal investigation;
(B)
changed was excavated or removed pursuant to a permit issued under section 4 of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470cc) or section 320302 of title 54, United States Code, or in compliance with section 3(c) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3002(c)), if the permit for excavation or removal authorizes export, and the export of the Item Requiring Export Certification would not otherwise violate any other provision of law; orand
(C)
changed is accompanied by written confirmation from an Indian Tribe that 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), or that the Indian Tribe has relinquished title or control, as provided for in section 3 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3002), of the Item Requiring Export Certification, and the export of the Item Requiring Export Certification would not otherwise violate any other provision of law.Certification—
(i)
added is not an Item Prohibited from Exportation;
(ii)
added 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)
added is accompanied by written confirmation from the Indian Tribe or Native Hawaiian organization with authority to alienate the Item Requiring Export Certification that—
(I)
added 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)
added 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)
changed Applying Applications for export certification—
(i)
added 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)
added Consequences of false statement— Any willful or knowing false statement made on an export certification application form under clause (i) shall—
(i)
removed Attestation—
(I)
removed In general— With respect to each Item Requiring Export Certification to be exported from the United States, the exporter shall make an attestation (on an attestation form described in subclause (III)) that, to the best of the exporter's knowledge and belief, the exporter is not exporting an Item Prohibited from Exportation.
(II)
removed Consequences of false statement— Any willful or knowing false statement made on an attestation form under subclause (I) shall—
(I)
renumbered was (3)(4)(2)(2)(3)(3) subject the exporter to criminal penalties pursuant to section 1001 of title 18, United States Code; and
(II)
added 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)
added 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)
added describe, and provide pictures of, each Item Requiring Export Certification that the applicant seeks to export;
(II)
added include all available information regarding the provenance of each such Item Requiring Export Certification; and
(III)
added include the attestation described in subparagraph (B)(i).
(B)
added Evidence—
(i)
added 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)
added 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)
added Additional requirements—
(I)
added 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)
added 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)
added delayed pursuant to the examination by the Secretary of the eligibility of the Item Requiring Export Certification for an export certification; or
(bb)
added 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)
added 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)
added Database applications—
(i)
added 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)
added 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)
added Availability— Immediately on receipt of an export certification application, the Secretary shall make the export certification application available on the database.
(iv)
added 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)
added 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.
(bb)
removed prohibit the exporter from receiving an export certification for any Item Requiring Export Certification through attestation alone in the future.
(III)
removed Attestation form— An attestation form shall describe and provide pictures of each Item Requiring Export Certification. The Secretary shall consult with Indian Tribes in designing the attestation form.
(ii)
removed Additional evidence— If attestation alone is no longer permitted or an export certification is delayed or denied, notice shall be given to the exporter, who may provide the Secretary with evidence to establish that the Item Requiring Export Certification is not an Item Prohibited from Exportation.
(B)
removed Availability of applications— The Secretary shall make each export certification application available to Indian Tribes via a secure website immediately after each export certification application has been submitted.
(C)
removed Issuance of export certification— The Secretary, in consultation with Indian Tribes, may issue an export certification for an Item Requiring Export Certification that is not an Item Prohibited from Exportation and is therefore eligible for export.
(D)
changed Revocation Issuance of export certification— If credible evidence is provided that indicates an item that received On receipt of an export certification qualifies as application for an Item Prohibited from Exportation, Requiring Export Certification that meets the Secretary may immediately revoke requirements of subparagraphs (A) and (B), if the export certification. In making a determination about whether revocation is warranted, Secretary, in consultation with Indian Tribes shall be consulted.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)
added Revocation of export certification—
(i)
added 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)
added 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)
changed Seizure, Detention, forfeiture, repatriation, and return—
(A)
changed Seizure—Detention and delivery— Any Item Requiring Export Certification that an exporter attempts to export without an export certification shall be subject to seizure by The Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection.Protection, shall—
(i)
added detain any Item Requiring Export Certification that an exporter attempts to export or otherwise transport without an export certification; and
(ii)
added deliver the Item Requiring Export Certification to the Secretary, for seizure by the Secretary.
(B)
changed Forfeiture— An item found to qualify as an Any Item Prohibited from Exportation Requiring Export Certification that is detained under subparagraph (A)(i) shall be forfeited, consistent subject to forfeiture to the United States in accordance with chapter 46 of title 18, United States Code, to the Federal Government and repatriated to the Indian Tribe pursuant to the process provided for under the law under which it is found to be obtained in violation.Code (including section 983(c) of that chapter).
(C)
added Repatriation or return to exporter—
(i)
added 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)
added 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)
added 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)
added the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.).
(iii)
added Return to exporter—
(I)
added 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)
added 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)
added Penalties—
(A)
added Items requiring export certification—
(i)
added 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)
added Penalties— Except as provided in subparagraph (D), any person who violates clause (i) shall be—
(I)
added assessed a civil penalty in accordance with such regulations as the Secretary promulgates pursuant to section 10; and
(II)
added subject to any other applicable penalties under this Act.
(B)
added 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)
added Use of fines collected— Any amounts collected by the Secretary as a civil penalty under subparagraph (A)(ii)(I) or (B)—
(i)
added may be used by the Secretary—
(I)
added for fines collected under subparagraph (A)(ii)(I), to process export certification applications under this subsection; and
(II)
added for fines collected under subparagraph (B), to store and repatriate the Item Prohibited from Exportation;
(ii)
added shall supplement (and not supplant) any appropriations to the Secretary to carry out this subsection; and
(iii)
added shall not be covered into the Treasury as miscellaneous receipts.
(D)
added Voluntary return—
(i)
added 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)
added 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)
added The submission by the exporter of an export certification application for the Item Requiring Export Certification under paragraph (3)(A)(i).
(II)
added 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)
added 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)
added The seizure by the Secretary of the Item Requiring Export Certification under paragraph (4)(A)(ii).
(6)
added Fees—
(A)
added In general— The Secretary may collect reasonable fees to process export certification applications under this subsection.
(B)
added Availability of amounts collected— Any amounts collected by the Secretary under subparagraph (A)—
(i)
added shall supplement (and not supplant) any appropriations to the Secretary for the activities described in subparagraph (A); and
(ii)
added shall not be covered into the Treasury as miscellaneous receipts.
(C)
removed Return to exporter— An Item Requiring Export Certification that is seized under subparagraph (A) for which credible evidence does not establish within 60 days that it is an Item Prohibited from Exportation shall be returned to the exporter but shall not receive an export certification at that time.
(5)
removed Administrative appeal— If the Secretary denies an export certification or seizes an Item Requiring Export Certification under this subsection, the exporter shall upon request be given a hearing on the record under such rules and regulations as the Secretary may promulgate.
(6)
removed Fees— Reasonable fees may be collected for the processing of export certification applications under this subsection.
(7)
changed Training—Administrative appeal— The Secretary of Homeland Security, acting through If 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 to identify Items Secretary denies an export certification or an Item Requiring Export Certification for purposes of is detained under this Act and subsection, the amendment made by this Act. Indian Tribes exporter, on request, shall be consulted given a hearing on the record in developing and delivering accordance with such trainings.rules and regulations as the Secretary promulgates pursuant to section 10.
(8)
added Training—
(A)
added 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)
added 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)
added 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.
(8)
removed Voluntary return— Whoever seeks to export an Item Requiring Export Certification without a required export certification but voluntarily returns it to the Indian Tribe with a likely cultural affiliation prior to active Federal investigation shall not be prosecuted for such violation with respect to the Item Requiring Export Certification. The exporter’s application to obtain an export certification does not qualify as triggering an active Federal investigation.
(c)
changed Agreements To to request return from foreign countries— The President is authorized to may request from a State Party foreign nations agreements or provisional that specify concrete measures pursuant to the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property (823 U.N.T.S. 231 (1972)), subject to the limitations of Articles 6 and 9, under which the President may request the return from that the State Party of Items Prohibited from Exportation.foreign nation will carry out—
(1)
added to discourage commerce in, and collection of, Items Prohibited from Exportation;
(2)
added to encourage the voluntary return of tangible cultural heritage; and
(3)
added 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”).
(d)
removed Rules and regulations— All rules and regulations necessary and appropriate to carry out the provisions of this section shall be prescribed by the Secretary and shall be made in consultation with Indian Tribes.

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)
changed Trainings and workshops— The individuals listed in liaisons designated under subsection (a) shall hold trainings and workshops for 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)
changed In general— The Secretary shall refer individuals and organizations to one 1 or more Indian Tribes and Native Hawaiian organizations with a likely cultural affiliation to tangible cultural heritage for the purpose of facilitating the voluntary return of tangible cultural heritage.
(2)
changed 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)
changed Consultation— The Secretary shall consult with Indian Tribes Tribes, Native Hawaiian organizations, and the Native working group convened under section 8(a) before making a referral under paragraph (1).
(4)
changed Third-party experts— The Secretary may utilize use third parties with relevant expertise, including universities, institutions of higher education, museums, dealers, and collector organizations, and others, in making determinations regarding determining to which Indian Tribe or Native Hawaiian organization an individual or organization should be referred under paragraph (1).
(d)
changed Legal liability— This Nothing in this section shall not impose imposes on any individual or entity any additional penalties or legal liability.
(e)
changed Tax documentation— The Secretary’s In facilitating the voluntary return facilitation of tangible cultural heritage under this section, the Secretary shall include provision of tax documentation for a deductible gift to an Indian Tribe.Tribe or Native Hawaiian organization, if the recipient Indian Tribe or Native Hawaiian organization consents to the provision of tax documentation.
(f)
changed Repatriation under Native American Graves Protection native american graves protection and Repatriation Act—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 such the item of tangible cultural heritage.

Sec. 7 Interagency working group

(a)
changed 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)
changed Goals— The goals of the interagency working group convened under subsection (a) are—
(1)
changed 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)
changed to protect such items tangible cultural heritage, cultural items, and archaeological resources still in the possession of Indian Tribes’ possession; Tribes and Native Hawaiian organizations; and
(3)
changed to improve Federal agencies’ implementation 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 implementation by the Native American Graves Protection and Repatriation Act), the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), the Antiquities Act under section 1866(b) of title 18, United States Code, and other relevant laws.applicable Federal agencies of—
(A)
added 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)
added the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.); and
(C)
added other relevant Federal laws.
(c)
changed Responsibilities— The interagency working group shall aid in implementation of other provisions of this Act or the amendments made by this Act, including regarding voluntary return and halting international sales, and shall collaborate with the Tribal working group created pursuant to this Act.convened under subsection (a) shall—
(1)
added aid in implementation of this Act and the amendments made by this Act, including by aiding in—
(A)
added the voluntary return of tangible cultural heritage under section 6; and
(B)
added halting international sales of items that are prohibited from being trafficked under Federal law; and
(2)
added collaborate with—
(A)
added the Native working group convened under section 8(a);
(B)
added the review committee established under section 8(a) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3006(a));
(C)
added 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)
added any other relevant committees and working groups.

Sec. 8 Native working group

(a)
changed In general— The Secretary shall convene a Tribal 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.Government in accordance with this section.
(b)
changed Recommendations— The Tribal 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)
changed the elimination of illegal commerce of cultural items and archaeological resources in the United States and foreign markets.
(c)
changed Requests— The Tribal Native working group convened under subsection (a) may make formal requests to initiate certain agency actions, including—including requests that—
(1)
changed requesting the Department of Justice initiate judicial proceedings domestically or abroad to aid in repatriation; the repatriation cultural items and archaeological resources; and
(2)
changed requesting the Department of State initiate dialogue through diplomatic channels to aid in that repatriation.
(d)
Agency and committee assistance—
(1)
changed In general— The 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 Tribal working group convened under subsection (a) upon request by the Tribal Native working group.
(2)
changed Agencies Description of agencies and committees— The agencies and committees described referred to in this 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)
changed The Native American Graves Protection and Repatriation Review Committee review committee established under section 8 8(a) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3006).3006(a)).
(F)
changed Any other relevant Federal agency.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)
added Any other relevant Federal agency, committee, or working group.
(e)
added 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)
changed In general— Except as provided in subsection (b), (c), the following information that a representative of an Indian Tribe submits to any Federal agency pursuant to this Act, or any amendment made by this Act, shall qualify for exemption be exempt from disclosure under the Freedom of Information Act pursuant to section 552(b)(3) 552 of title 5, United States Code.Code:
(1)
added Information that a representative of an Indian Tribe or Native Hawaiian organization—
(A)
added submits to a Federal agency pursuant to this Act or an amendment made by this Act; and
(B)
added designates as sensitive or private according to Native American custom, law, culture, or religion.
(2)
added 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)
changed Exception—Applicability— An Indian Tribe may request and For purposes of subsection (a), this Act shall receive its own information, as be considered a statute described in subsection (a), from the Federal agency to which it submitted its information.section 552(b)(3)(B) of title 5, United States Code.
(c)
added 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

added
(a)
added 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)
added 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

added

added There is authorized to be appropriated to carry out this Act $3,000,000 for each of fiscal years 2021 through 2026.