To amend the Native American Graves Protection and Repatriation Act to move the enforcement office to the Bureau of Indian Affairs, to increase the civil monetary penalties for failure to follow the processes established by that Act, to protect confidential information, and for other purposes.

I 116TH CONGRESS 2D SESSION H. R. 8298 To amend the Native American Graves Protection and Repatriation Act to move the enforcement office to the Bureau of Indian Affairs, to increase the civil monetary penalties for failure to follow the processes established by that Act, to protect confidential information, and for other purposes. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 17, 2020 Ms. HAALAND (for herself, Mr. COLE, and Ms. MCCOLLUM) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Native American Graves Protection and Repa- triation Act to move the enforcement office to the Bu- reau of Indian Affairs, to increase the civil monetary penalties for failure to follow the processes established by that Act, to protect confidential information, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 04:17 Oct 03, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8298.IH H8298 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 8298 IH SECTION 1. NATIVE AMERICAN GRAVES PROTECTION AND 1 REPATRIATION ACT AMENDMENTS. 2 (a) CIVIL PENALTIES.—Section 9 of the Native 3 American Graves Protection and Repatriation Act (25 4 U.S.C. 3007 et seq.) is amended— 5 (1) in subsection (a), by inserting ‘‘in which the 6 petitioning party and the aggrieved party are each 7 entitled to notice and an opportunity to be heard’’ 8 after ‘‘agency hearing’’; and 9 (2) in subsection (b), by striking ‘‘determined 10 under regulations promulgated pursuant to this Act, 11 taking into account, in addition to other factors’’ 12 and inserting ‘‘5 percent of the museum’s annual 13 budget, or $25,000, whichever is less, for each sub- 14 stantiated failure to comply, and such additional 15 sums as the Secretary may determine under regula- 16 tions promulgated pursuant to this Act, taking into 17 account other factors, including—’’. 18 (b) ENFORCEMENT OFFICE.—Section 15 of the Na- 19 tive American Graves Protection and Repatriation Act (25 20 U.S.C. 3001 et seq.) is amended as follows: 21 (1) By striking ‘‘The United States’’ and in- 22 serting the following: 23 ‘‘(a) COURT OF JURISDICTION.—The United States’’. 24 (2) By adding at the end the following: 25 VerDate Sep 11 2014 04:17 Oct 03, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8298.IH H8298 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 8298 IH ‘‘(b) OFFICE OF ENFORCEMENT.—The Office of the 1 Assistant Secretary, Bureau of Indian Affairs, shall be the 2 office for enforcement and other activities delegated by the 3 Secretary under this Act.’’. 4 (c) CONFIDENTIAL INFORMATION.—The Native 5 American Graves Protection and Repatriation Act (25 6 U.S.C. 3001 et seq.) is amended by inserting after section 7 15 the following: 8 ‘‘SEC. 16. CONFIDENTIAL INFORMATION. 9 ‘‘(a) FULFILLMENT OF OBLIGATIONS.—Notwith- 10 standing any other provision of law, all information re- 11 lated to the fulfillment of obligations imposed by this Act, 12 regardless of form, shall be deemed confidential and not 13 subject to public disclosure by the Secretary, a museum, 14 or a Federal agency, unless such disclosure is required to 15 fulfill an obligation imposed by this Act or regulations pro- 16 mulgated thereto. 17 ‘‘(b) SUBMITTED TO THE REVIEW COMMITTEE.— 18 Notwithstanding any other provision of law, all informa- 19 tion submitted to the Review Committee by an affected 20 party seeking findings or resolution of disputes pursuant 21 to section 8(c)(3) and (4) shall be deemed confidential and 22 not subject to public disclosure by the Review Committee, 23 VerDate Sep 11 2014 04:17 Oct 03, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8298.IH H8298 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 8298 IH if the affected party indicates upon submission that such 1 information shall be kept confidential.’’. 2 Æ VerDate Sep 11 2014 04:17 Oct 03, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H8298.IH H8298 pbinns on DSKJLVW7X2PROD with BILLS