[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 151 Introduced in Senate (IS)]







111th CONGRESS
  1st Session
                                 S. 151

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 6, 2009

  Mr. McCain (for himself and Mr. Kyl) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 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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