[Congressional Record Volume 154, Number 151 (Tuesday, September 23, 2008)]
[Senate]
[Pages S9336-S9338]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             INDIAN ARTS AND CRAFTS AMENDMENTS ACT OF 2007

  Mr. MENENDEZ. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 961, S. 1255.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1255) to protect Indian arts and crafts through 
     the improvement of applicable criminal proceedings, and for 
     other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Indian Affairs with 
amendments, as follows:
  [The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italics.]

                                S. 1255

       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 200[7] 8''.

     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) Conduct of Investigations.--Any Federal law 
     enforcement officer may conduct an investigation relating to 
     a violation of this Act that occurs on land under the 
     jurisdiction of the Federal Government.]
       ``(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--[mitted to--
       ``(A) the Attorney General; or]

[[Page S9337]]

       ``(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''.
  Mr. MENENDEZ. I ask unanimous consent that the committee-reported 
amendments be agreed to; the bill, as amended, 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 committee amendments were agreed to.
  The bill (S. 1255), as amended, was ordered to be engrossed for a 
third reading, was read the third time and passed, as follows:

                                S. 1255

       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 2008''.

     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

[[Page S9338]]

     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''.

                          ____________________