[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2872 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                S. 2872

_______________________________________________________________________

                                 AN ACT


 
To improve the cause of action for misrepresentation of Indian arts and 
                                crafts.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Indian Arts and Crafts Enforcement 
Act of 2000''.

SEC. 2. AMENDMENTS TO CIVIL ACTION PROVISIONS.

    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) (as added by section 105 of the 
Indian Arts and Crafts Act of 1990 (Public Law 101-644; 104 Stat. 
4664)) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``, directly or indirectly,'' after ``against 
                a person who''; and
                    (B) by inserting the following flush language after 
                paragraph (2)(B):
``For purposes of paragraph (2)(A), damages shall include any and all 
gross profits accrued by the defendant as a result of the activities 
found to violate this subsection.'';
            (2) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking ``or'' 
                        at the end;
                            (ii) in subparagraph (B), by striking the 
                        period and inserting ``; or''; and
                            (iii) by adding at the end the following:
                    ``(C) by an Indian arts and crafts organization on 
                behalf of itself, or by an Indian on behalf of himself 
                or herself.''; and
                    (B) in paragraph (2)(A)--
                            (i) by striking ``the amount recovered the 
                        amount'' and inserting ``the amount recovered--
                    ``(i) the amount''; and
                            (ii) by adding at the end the following:
                    ``(ii) the amount for the costs of investigation 
                awarded pursuant to subsection (b) and reimburse the 
                Board the amount of such costs incurred as a direct 
                result of Board activities in the suit; and'';
            (3) in subsection (d)(2), by inserting ``subject to 
        subsection (f),'' after ``(2)''; and
            (4) by adding at the end the following:
    ``(f) Not later than 180 days after the date of enactment of the 
Indian Arts and Crafts Enforcement Act of 2000, the Board shall 
promulgate regulations to include in the definition of the term `Indian 
product' specific examples of such product to provide guidance to 
Indian artisans as well as to purveyors and consumers of Indian arts 
and crafts, as defined under this Act.''.

            Passed the Senate October 5 (legislative day, September 
      22), 2000.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                                S. 2872

_______________________________________________________________________

                                 AN ACT

To improve the cause of action for misrepresentation of Indian arts and 
                                crafts.