Version	Word Count	Changes From Previous Version	Percent Change
Introduced in Senate	1,514	n/a	n/a
Reported in Senate	1,589	7	6%
Engrossed in Senate	1,514	8	8%
Referred in House	1,528	5 Show Changes Hide Changes	6%

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S 151 ESRFHCommentsClose CommentsPermalink

111th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 151CommentsClose CommentsPermalink

AN ACTCommentsClose CommentsPermalink

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Indian Arts and Crafts Amendments Act of 2009’.CommentsClose CommentsPermalink

SEC. 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:CommentsClose CommentsPermalink

‘SEC. 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).CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(c) Criminal Proceedings-CommentsClose CommentsPermalink





‘(1) INVESTIGATION-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) a Federal or State prosecuting authority; orCommentsClose CommentsPermalink





‘(B) the Board.CommentsClose CommentsPermalink





‘(3) RECOMMENDATIONS- On receiving the findings of an investigation under paragraph (2), the Board may--CommentsClose CommentsPermalink





‘(A) recommend to the Attorney General that criminal proceedings be initiated under section 1159 of title 18, United States Code; andCommentsClose CommentsPermalink





‘(B) provide such support to the Attorney General relating to the criminal proceedings as the Attorney General determines to be appropriate.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) by striking subsection (d);CommentsClose CommentsPermalink





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





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





‘(a) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) INDIAN- The term ‘Indian’ means an individual that--CommentsClose CommentsPermalink





‘(A) is a member of an Indian tribe; orCommentsClose CommentsPermalink





‘(B) is certified as an Indian artisan by an Indian tribe.CommentsClose CommentsPermalink





‘(2) INDIAN PRODUCT- The term ‘Indian product’ has the meaning given the term in any regulation promulgated by the Secretary.CommentsClose CommentsPermalink





‘(3) INDIAN TRIBE-CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) a State legislature;CommentsClose CommentsPermalink





‘(ii) a State commission; orCommentsClose CommentsPermalink





‘(iii) another similar organization vested with State legislative tribal recognition authority.CommentsClose CommentsPermalink





‘(4) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.’;CommentsClose CommentsPermalink





(4) in subsection (b) (as redesignated by paragraph (2)), by striking ‘subsection (c)’ and inserting ‘subsection (d)’;CommentsClose CommentsPermalink





(5) in subsection (c) (as redesignated by paragraph (2))--CommentsClose CommentsPermalink





(A) by striking ‘subsection (a)’ and inserting ‘subsection (b)’; andCommentsClose CommentsPermalink





(B) by striking ‘suit’ and inserting ‘the civil action’;CommentsClose CommentsPermalink





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





‘(d) Persons That May Initiate Civil Actions-CommentsClose CommentsPermalink





‘(1) IN GENERAL- A civil action under subsection (b) may be initiated by--CommentsClose CommentsPermalink





‘(A) the Attorney General, at the request of the Secretary acting on behalf of--CommentsClose CommentsPermalink





‘(i) an Indian tribe;CommentsClose CommentsPermalink





‘(ii) an Indian; orCommentsClose CommentsPermalink





‘(iii) an Indian arts and crafts organization;CommentsClose CommentsPermalink





‘(B) an Indian tribe, acting on behalf of--CommentsClose CommentsPermalink





‘(i) the Indian tribe;CommentsClose CommentsPermalink





‘(ii) a member of that Indian tribe; orCommentsClose CommentsPermalink





‘(iii) an Indian arts and crafts organization;CommentsClose CommentsPermalink





‘(C) an Indian; orCommentsClose CommentsPermalink





‘(D) an Indian arts and crafts organization.CommentsClose CommentsPermalink





‘(2) DISPOSITION OF AMOUNTS RECOVERED-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(B) EXCEPTIONS-CommentsClose CommentsPermalink





‘(i) ATTORNEY GENERAL- In the case of a civil action initiated under paragraph (1)(A), the Attorney General may deduct from the amount--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(ii) INDIAN TRIBE- In the case of a civil action initiated under paragraph (1)(B), the Indian tribe may deduct from the amount--CommentsClose CommentsPermalink





‘(I) the amount of the cost of the civil action; andCommentsClose CommentsPermalink





‘(II) reasonable attorney’s fees.’; andCommentsClose CommentsPermalink





(7) in subsection (e), by striking ‘(e) In the event that’ and inserting the following:CommentsClose CommentsPermalink





‘(e) Savings Provision- If’.CommentsClose CommentsPermalink

SEC. 3. MISREPRESENTATION OF INDIAN PRODUCED GOODS AND PRODUCTS.

Section 1159 of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking subsection (b) and inserting the following:CommentsClose CommentsPermalink





‘(b) Penalty- Any person that knowingly violates subsection (a) shall--CommentsClose CommentsPermalink





‘(1) in the case of a first violation by that person--CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) in the case of an individual, be fined not more than $250,000, imprisoned for not more than 5 years, or both; andCommentsClose CommentsPermalink





‘(ii) in the case of a person other than an individual, be fined not more than $1,000,000; andCommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) in the case of an individual, be fined not more than $25,000, imprisoned for not more than 1 year, or both; andCommentsClose CommentsPermalink





‘(ii) in the case of a person other than an individual, be fined not more than $100,000; andCommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) in the case of an individual, be fined under this title, imprisoned for not more than 15 years, or both; andCommentsClose CommentsPermalink





‘(B) in the case of a person other than an individual, be fined not more than $5,000,000.’; andCommentsClose CommentsPermalink





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





‘(3) the term ‘Indian tribe’--CommentsClose CommentsPermalink





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





‘(B) includes, for purposes of this section only, an Indian group that has been formally recognized as an Indian tribe by--CommentsClose CommentsPermalink





‘(i) a State legislature;CommentsClose CommentsPermalink





‘(ii) a State commission; orCommentsClose CommentsPermalink





‘(iii) another similar organization vested with State legislative tribal recognition authority; and’.CommentsClose CommentsPermalink

Passed the Senate July 24, 2009.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Secretary.

111th CONGRESS

1st Session

S. 151

AN ACT

To protect Indian arts and crafts through the improvement of applicable criminal proceedings, and for other purposes NANCY ERICKSON, CommentsClose CommentsPermalink

Secretary.CommentsClose CommentsPermalink