[Congressional Record Volume 155, Number 1 (Tuesday, January 6, 2009)]
[Senate]
[Page S137]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN (for himself and Mr. Kyl):
  S. 151. A bill to protect Indian arts and crafts through the 
improvement of applicable criminal proceedings, and for other purposes; 
to the Committee on Indian Affairs.
  Mr. McCAIN. Mr. President, I am pleased to be joined by my colleagues 
Senator Thomas, Senator Kyl, and Senator Domenici in introducing a bill 
to amend the Indian Arts and Crafts Act. This legislation would improve 
Federal laws that protect the integrity and originality of Native 
American arts and crafts.
  The Indian Arts and Crafts Act prohibits the misrepresentation in 
marketing of Indian arts and crafts products, and makes it illegal to 
display or sell works in a manner that falsely suggests it's the 
product of an individual Indian or Indian Tribe. Unfortunately, the law 
is written so that only the Federal Bureau of Investigation, FBI, 
acting on behalf of the Attorney General, can investigate and make 
arrests in cases of suspected Indian art counterfeiters. The bill we 
are introducing would amend the law to expand existing Federal 
investigative authority by authorizing other Federal investigative 
bodies, such as the BIA Office of Law Enforcement, in addition to the 
FBI, to investigate cases of misrepresentation of Indian arts and 
crafts. This bill is similar to provisions included in S. 1255, which 
passed the Senate last Congress but wasn't acted on by the House, and 
the Native American Omnibus Technical Corrections Act of 2007, S. 2087.
  A major source of tribal and individual Indian income is derived from 
the sale of handmade Indian arts and crafts. Yet, millions of dollars 
are diverted each year from these original artists and Indian tribes by 
those who reproduce and sell counterfeit Indian goods. Few, if any, 
criminal prosecutions have been brought in Federal court for such 
violations. It is understandable that enforcing the criminal law under 
the Indian Arts and Crafts Act is often stalled by the other 
responsibilities of the FBI including investigating terrorism activity 
and violent crimes in Indian country. Therefore, expanding the 
investigative authority to include other Federal agencies is intended 
to promote the active investigation of alleged misconduct. It is my 
hope that this much needed change will deter those who choose to 
violate the law.
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