[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 725 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 725
To protect Indian arts and crafts through the improvement of applicable
criminal proceedings, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 27, 2009
Mr. Pastor of Arizona introduced the following bill; which was referred
to the Committee on Natural Resources, and in addition to the Committee
on the Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To protect Indian arts and crafts through the improvement of applicable
criminal proceedings, 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 2009''.
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 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''.
SEC. 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''.
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