All Roll Calls
Yes: 364 • No: 57
117-hr-2930117th CongressWALLET
Safeguard Tribal Objects of Patrimony Act of 2021
Sponsored By: Representative Leger Fernandez, Teresa [D-NM-3]
Became Law
Summary
Protecting Native American and Native Hawaiian tangible cultural heritage by tightening export controls, creating a formal export‑certification system, and raising penalties for illegal export and trafficking. It also sets up a voluntary return program and requires tribal participation in reviews and referrals.
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- Indian Tribes and Native Hawaiian organizations gain formal roles and protections. The law creates a Native Working Group of at least 12 representatives to advise the government, gives tribes a written role in export reviews, and allows FOIA exemptions for sensitive tribal material.
- Collectors, dealers, and exporters face new paperwork and risks. Items defined as requiring export certification need detailed provenance, photos, and an attestation, and false statements or prohibited exports carry civil fines and criminal penalties up to 1 year and 1 day for a first offense and up to 10 years for repeat offenses.
- Federal agencies and enforcement get new tools and duties. The act creates an Interagency Working Group, a secure central database, detention and forfeiture authority, time‑bound review timelines, training requirements, and a one‑year deadline to issue implementing regulations.
*Authorizes $3 million per year for fiscal years 2022 through 2027, with PAYGO accounting, increasing federal outlays by about $18 million over that period.*
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 1 benefits, 2 costs, 1 mixed.
New fees and penalties on cultural exports
The Interior Secretary may charge reasonable fees to process export certification applications. Exporting a covered item without a required certification brings civil penalties set by regulation. Exporting a prohibited item without certification triggers a civil penalty equal to the full cost to store and repatriate the item. Collected fees and penalties are used, when Congress approves, to run the system and to store and return items.
Stronger enforcement and penalties on cultural exports
It is illegal to export or try to export prohibited items; violators face fines and prison up to 1 year and 1 day for a first offense, and up to 10 years for later offenses. The law also raises other related felony maximums from 5 to 10 years and the misdemeanor maximum to 1 year and 1 day. Customs must detain covered items moved in violation and deliver them to the Interior Secretary; forfeited items are returned to the appropriate Tribe or Native Hawaiian organization. If an item is delivered, the Secretary must decide within 60 days if it is prohibited or return it to the exporter; return does not mean it qualifies for certification.
New export certification rules for cultural items
The law requires an export certificate before shipping covered cultural items. The Interior Secretary publishes item characteristics, with a presumption that items made only for sale are not covered unless a Tribe objects. Your application must include photos, descriptions, provenance, and a signed statement the item is not prohibited. Tribes get notice within 1 business day and have 9 business days; the Secretary reviews quickly, may extend once up to 30 business days, and must decide within 60 days on detained items. An item qualifies only if it is not under investigation, does not break other laws, and meets one of these tests: not prohibited, removed under a valid permit with required compliance, or has written approval from the Tribe or Native Hawaiian organization. You may request a hearing if denied, and filing or a Customs hold does not by itself start a federal investigation.
Easier returns and federal support for tribal items
The government helps people return cultural items voluntarily. Interior and State name liaisons, offer trainings, and refer you to the right Tribe; there are no extra penalties, and tax paperwork is provided for deductible gifts when the recipient agrees. A federal interagency group and a Native working group (at least 12 members, not subject to FACA) guide repatriation and stop illegal trade. Sensitive tribal submissions and records about denied export certifications are protected from public release, while Tribes can access their own records. The Interior Secretary must issue rules within 1 year, and Congress authorizes $3 million each year for fiscal years 2022–2027 to carry out the law.
Sponsors & CoSponsors
Sponsor
Leger Fernandez, Teresa [D-NM-3]
NM • D
Cosponsors
Rep. Young, Don [R-AK-At Large]
AK • R
Sponsored 4/30/2021
Rep. Davids, Sharice [D-KS-3]
KS • D
Sponsored 4/30/2021
Rep. Cole, Tom [R-OK-4]
OK • R
Sponsored 4/30/2021
Rep. Pingree, Chellie [D-ME-1]
ME • D
Sponsored 4/30/2021
Rep. Mast, Brian J. [R-FL-21]
FL • R
Sponsored 4/30/2021
Del. Radewagen, Aumua Amata Coleman [R-AS-At Large]
AS • R
Sponsored 4/30/2021
Rep. Bass, Karen [D-CA-37]
CA • D
Sponsored 4/30/2021
Rep. Kilmer, Derek [D-WA-6]
WA • D
Sponsored 5/28/2021
Rep. O'Halleran, Tom [D-AZ-1]
AZ • D
Sponsored 6/1/2021
Rep. Case, Ed [D-HI-1]
HI • D
Sponsored 6/11/2021
Rep. McCollum, Betty [D-MN-4]
MN • D
Sponsored 6/29/2021
Rep. Stansbury, Melanie A. [D-NM-1]
NM • D
Sponsored 9/28/2021
Rep. Joyce, David P. [R-OH-14]
OH • R
Sponsored 9/29/2021
Rep. Takano, Mark [D-CA-39]
CA • D
Sponsored 10/8/2021
Del. Norton, Eleanor Holmes [D-DC-At Large]
DC • D
Sponsored 10/8/2021
Rep. Fitzpatrick, Brian K. [R-PA-1]
PA • R
Sponsored 10/15/2021
Rep. Omar, Ilhan [D-MN-5]
MN • D
Sponsored 10/19/2021
Rep. Manning, Kathy E. [D-NC-6]
NC • D
Sponsored 10/19/2021
Rep. Lofgren, Zoe [D-CA-18]
CA • D
Sponsored 10/19/2021
Rep. Grijalva, Raúl M. [D-AZ-7]
AZ • D
Sponsored 10/19/2021
Rep. Huffman, Jared [D-CA-2]
CA • D
Sponsored 10/22/2021
Rep. Craig, Angie [D-MN-2]
MN • D
Sponsored 10/22/2021
Rep. Meng, Grace [D-NY-6]
NY • D
Sponsored 10/22/2021
Rep. Neguse, Joe [D-CO-2]
CO • D
Sponsored 11/1/2021
Roll Call Votes
house vote • 12/2/2021
On Motion to Suspend the Rules and Pass, as Amended
Yes: 364 • No: 57