[Congressional Record Volume 146, Number 123 (Thursday, October 5, 2000)]
[Senate]
[Page S10009]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             INDIAN ARTS AND CRAFTS ENFORCEMENT ACT OF 2000

  Mr. MACK. Mr. President, I ask unanimous consent that the Senate now 
proceed to the consideration of Calendar No. 898, S. 2872.
  The PRESIDING OFFICER. The clerk will state the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2872) to improve the cause of action for 
     misrepresentation of Indian arts and crafts.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. MACK. Mr. President, I ask unanimous consent that the bill be 
read the third time and passed, the motion to reconsider be laid upon 
the table, and any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 2872) was read the third time and passed, as follows:

                                S. 2872

       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.''.

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