[Congressional Record Volume 151, Number 105 (Thursday, July 28, 2005)]
[Senate]
[Page S9318]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             INDIAN ARTS AND CRAFTS AMENDMENTS ACT OF 2005

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 160, S. 1375.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (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.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. FRIST. Mr. President, I ask unanimous consent that the bill be 
read a third time and passed, the motion to reconsider be laid upon the 
table, and that any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1375) was read the third time and passed, as follows:

                                S. 1375

       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''.

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