S. 1255

Indian Arts and Crafts Amendments Act of 2008

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110th CONGRESS

2d Session

S. 1255

AN ACT

To protect Indian arts and crafts through the improvement of applicable criminal proceedings, and for other purposes.

1.

7

This Act may be cited as the Indian Arts and Crafts Amendments Act of 2008.

2.

Indian arts and crafts

(a)

Criminal proceedings; civil actions; misrepresentations

Section 5 of the Act entitled An Act to promote the development of Indian arts and crafts and to create a board to assist therein, and for other purposes (25 U.S.C. 305d) is amended to read as follows:

5.

Criminal proceedings; civil actions

(a)

Definition of Federal law enforcement officer

In this section, the term Federal law enforcement officer includes a Federal law enforcement officer (as defined in section 115(c) of title 18, United States Code).

(b)

Authority To conduct investigations

Any Federal law enforcement officer shall have the authority to conduct an investigation relating to an alleged violation of this Act occurring within the jurisdiction of the United States.

(c)

Criminal proceedings

(1)

Investigation

(A)

In general

The Board may refer an alleged violation of section 1159 of title 18, United States Code, to any Federal law enforcement officer for appropriate investigation.

(B)

Referral not required

A Federal law enforcement officer may investigate an alleged violation of section 1159 of that title regardless of whether the Federal law enforcement officer receives a referral under subparagraph (A).

(2)

Findings

The findings of an investigation of an alleged violation of section 1159 of title 18, United States Code, by any Federal department or agency under paragraph (1)(A) shall be submitted, as appropriate, to—

(A)

a Federal or State prosecuting authority; or

(B)

the Board.

(3)

Recommendations

On receiving the findings of an investigation under paragraph (2), the Board may—

(A)

recommend to the Attorney General that criminal proceedings be initiated under section 1159 of title 18, United States Code; and

(B)

provide such support to the Attorney General relating to the criminal proceedings as the Attorney General determines to be appropriate.

(d)

Civil actions

In lieu of, or in addition to, any criminal proceeding under subsection (c), the Board may recommend that the Attorney General initiate a civil action under section 6.

.

(b)

Cause of action for misrepresentation

Section 6 of the Act entitled An Act to promote the development of Indian arts and crafts and to create a board to assist therein, and for other purposes (25 U.S.C. 305e) is amended—

(1)

by striking subsection (d);

(2)

by redesignating subsections (a) through (c) as subsections (b) through (d), respectively;

(3)

by inserting before subsection (b) (as redesignated by paragraph (2)) the following:

(a)

Definitions

In this section:

(1)

Indian

The term Indian means an individual that—

(A)

is a member of an Indian tribe; or

(B)

is certified as an Indian artisan by an Indian tribe.

(2)

Indian product

The term Indian product has the meaning given the term in any regulation promulgated by the Secretary.

(3)

Indian tribe

(A)

In general

The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).

(B)

Inclusion

The term Indian tribe includes, for purposes of this section only, an Indian group that has been formally recognized as an Indian tribe by—

(i)

a State legislature;

(ii)

a State commission; or

(iii)

another similar organization vested with State legislative tribal recognition authority.

(4)

Secretary

The term Secretary means the Secretary of the Interior.

;

(4)

in subsection (b) (as redesignated by paragraph (2)), by striking subsection (c) and inserting subsection (d);

(5)

in subsection (c) (as redesignated by paragraph (2))—

(A)

by striking subsection (a) and inserting subsection (b); and

(B)

by striking suit and inserting the civil action;

(6)

by striking subsection (d) (as redesignated by paragraph (2)) and inserting the following:

(d)

Persons that may initiate civil actions

(1)

In general

A civil action under subsection (b) may be initiated by—

(A)

the Attorney General, at the request of the Secretary acting on behalf of—

(i)

an Indian tribe;

(ii)

an Indian; or

(iii)

an Indian arts and crafts organization;

(B)

an Indian tribe, acting on behalf of—

(i)

the Indian tribe;

(ii)

a member of that Indian tribe; or

(iii)

an Indian arts and crafts organization;

(C)

an Indian; or

(D)

an Indian arts and crafts organization.

(2)

Disposition of amounts recovered

(A)

In general

Except as provided in subparagraph (B), an amount recovered in a civil action under this section shall be paid to the Indian tribe, the Indian, or the Indian arts and crafts organization on the behalf of which the civil action was initiated.

(B)

Exceptions

(i)

Attorney General

In the case of a civil action initiated under paragraph (1)(A), the Attorney General may deduct from the amount—

(I)

the amount of the cost of the civil action and reasonable attorney’s fees awarded under subsection (c), to be deposited in the Treasury and credited to appropriations available to the Attorney General on the date on which the amount is recovered; and

(II)

the amount of the costs of investigation awarded under subsection (c), to reimburse the Board for the activities of the Board relating to the civil action.

(ii)

Indian tribe

In the case of a civil action initiated under paragraph (1)(B), the Indian tribe may deduct from the amount—

(I)

the amount of the cost of the civil action; and

(II)

reasonable attorney’s fees.

; and

(7)

in subsection (e), by striking (e) In the event that and inserting the following:

(e)

Savings provision

If

.

3.

Misrepresentation of Indian produced goods and products

Section 1159 of title 18, United States Code, is amended—

(1)

by striking subsection (b) and inserting the following:

(b)

Penalty

Any person that knowingly violates subsection (a) shall—

(1)

in the case of a first violation by that person—

(A)

if the applicable goods are offered or displayed for sale at a total price of $1,000 or more, or if the applicable goods are sold for a total price of $1,000 or more—

(i)

in the case of an individual, be fined not more than $250,000, imprisoned for not more than 5 years, or both; and

(ii)

in the case of a person other than an individual, be fined not more than $1,000,000; and

(B)

if the applicable goods are offered or displayed for sale at a total price of less than $1,000, or if the applicable goods are sold for a total price of less than $1,000—

(i)

in the case of an individual, be fined not more than $25,000, imprisoned for not more than 1 year, or both; and

(ii)

in the case of a person other than an individual, be fined not more than $100,000; and

(2)

in the case of a subsequent violation by that person, regardless of the amount for which any good is offered or displayed for sale or sold—

(A)

in the case of an individual, be fined under this title, imprisoned for not more than 15 years, or both; and

(B)

in the case of a person other than an individual, be fined not more than $5,000,000.

; and

(2)

in subsection (c), by striking paragraph (3) and inserting the following:

(3)

the term Indian tribe—

(A)

has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b); and

(B)

includes, for purposes of this section only, an Indian group that has been formally recognized as an Indian tribe by—

(i)

a State legislature;

(ii)

a State commission; or

(iii)

another similar organization vested with State legislative tribal recognition authority; and

.

Passed the Senate September 23 (legislative day, September 17), 2008.

Secretary