[Congressional Record Volume 146, Number 133 (Monday, October 23, 2000)]
[House]
[Page H10512]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             INDIAN ARTS AND CRAFTS ENFORCEMENT ACT OF 2000

  Mr. YOUNG of Alaska. Mr. Speaker, I move to suspend the rules and 
pass the Senate bill (S. 2872) to improve the cause of action for 
misrepresentation of Indian arts and crafts.
  The Clerk read 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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Alaska (Mr. Young) and the gentleman from California (Mr. George 
Miller) each will control 20 minutes.
  The Chair recognizes the gentleman from Alaska (Mr.  Young).
  Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may 
consume, and I rise in support of S. 2872, the Indian Arts and Crafts 
Enforcement Act of 2000. This bill will facilitate the initiation of 
suits by Indian tribes pursuant to the Indian Arts and Crafts Act of 
1990.
  Mr. Speaker, I urge my colleagues to support this, and why we did not 
roll all these bills into one, I will never know, but that is not my 
pay grade. I urge the passage of this legislation.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such 
time as I may consume.
  Mr. Speaker, S. 2872 is a needed tool for the enforcement of the 
Indian Arts and Crafts Act of 1990 and will permit Native American arts 
and crafts organizations and Indian artisans access to Federal courts 
to protect their wares and their intellectual properties.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Alaska (Mr. Young) that the House suspend the rules and 
pass the Senate bill, S. 2872.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

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