[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1375 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 160
109th CONGRESS
  1st Session
                                S. 1375

 To amend the Indian Arts and Crafts Act of 1990 to modify provisions 
   relating to criminal proceedings and civil actions, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 11, 2005

   Mr. McCain (for himself, Mr. Dorgan, and Mr. Kyl) introduced the 
             following bill; which was read the first time

                             July 12, 2005

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
 To amend the Indian Arts and Crafts Act of 1990 to modify provisions 
   relating to criminal proceedings and civil actions, and for other 
                               purposes.

    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 Amendments 
Act of 2005''.

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:

``SEC. 5. CRIMINAL PROCEEDINGS; CIVIL ACTIONS.

    ``(a) Definition of Federal Law Enforcement Officer.--In this 
section, the term `Federal law enforcement officer' includes--
            ``(1) a Federal law enforcement officer (as defined in 
        section 115(c) of title 18, United States Code); and
            ``(2) with respect to a violation of this Act that occurs 
        outside Indian country (as defined in section 1151 of title 18, 
        United States Code), an officer that has authority under 
        section 3 of the Indian Law Enforcement Reform Act (25 U.S.C. 
        2802), acting in coordination with a Federal law enforcement 
        agency that has jurisdiction over the violation.
    ``(b) Criminal Proceedings.--
            ``(1) Referral.--On receiving a complaint of a violation of 
        section 1159 of title 18, United States Code, the Board may 
        refer the complaint to any Federal law enforcement officer for 
        appropriate investigation.
            ``(2) Findings.--The findings of an investigation under 
        paragraph (1) shall be submitted to--
                    ``(A) the Attorney General; and
                    ``(B) the Board.
            ``(3) Recommendations.--On receiving the findings of an 
        investigation in accordance with paragraph (2), the Board may--
                    ``(A) recommend to the Attorney General that 
                criminal proceedings be initiated under section 1159 of 
                that title; and
                    ``(B) provide such support to the Attorney General 
                relating to the criminal proceedings as the Attorney 
                General determines appropriate.
    ``(c) Civil Actions.--In lieu of, or in addition to, any criminal 
proceeding under subsection (a), the Board may recommend that the 
Attorney General initiate a civil action pursuant to 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 
                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 tribe;
                            ``(ii) a member of that 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''.
    (c) Conforming Amendment.--Section 1159(c) of title 18, United 
States Code, is amended 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 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''.
                                                       Calendar No. 160

109th CONGRESS

  1st Session

                                S. 1375

_______________________________________________________________________

                                 A BILL

 To amend the Indian Arts and Crafts Act of 1990 to modify provisions 
   relating to criminal proceedings and civil actions, and for other 
                               purposes.

_______________________________________________________________________

                             July 12, 2005

            Read the second time and placed on the calendar