[Congressional Record Volume 156, Number 5 (Tuesday, January 19, 2010)]
[House]
[Pages H152-H154]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INDIAN ARTS AND CRAFTS AMENDMENTS ACT OF 2010
Ms. BORDALLO. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 725) to protect Indian arts and crafts through the
improvement of applicable criminal proceedings, and for other purposes,
as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 725
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 2010''.
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
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;
[[Page H153]]
``(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''.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Guam (Ms. Bordallo) and the gentleman from Utah (Mr. Bishop) each will
control 20 minutes.
The Chair recognizes the gentlewoman from Guam.
General Leave
Ms. BORDALLO. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Guam?
There was no objection.
Ms. BORDALLO. Mr. Speaker, on behalf of the Natural Resources
Committee chairman, Mr. Nick Rahall, and myself, I would like to
commend the gentleman from Arizona, Representative Ed Pastor, for
sponsoring the pending measure and for working with the committee to
bring it before the full House.
The sale of misrepresented and counterfeit American Indian jewelry,
pottery, baskets, rugs, and other items cheats the consumer, degrades
the entire native market, and robs talented, hardworking native
artisans of their living. This has been a growing problem that Mr.
Pastor's legislation will effectively address.
H.R. 725 would amend the Indian Arts and Crafts Act of 1990 to
authorize any Federal law enforcement officer to conduct an
investigation of an offense involving the sale of any good that is
represented as an Indian-produced good. The legislation also requires
that the findings of an investigation of an alleged offense be
submitted to a Federal or State prosecuting authority or to the Indian
Arts and Crafts Board.
Again, I want to commend my colleague Mr. Pastor of Arizona for his
hard work and dedication to this piece of legislation. He is addressing
a longstanding problem with this bill, and I ask my colleagues to
support its passage.
I reserve the balance of my time.
Mr. BISHOP of Utah. I rise to slowly yield myself such time as I may
consume.
Mr. Speaker, Republicans have no objections to H.R. 725, and indeed,
we support appropriate law enforcement efforts to stop illegal
counterfeiting of Indian arts and crafts. However, I would like to note
a concern for the record, because this bill could have been written in
a way to increase its effectiveness.
At the committee hearing on H.R. 725, it became clear that the Bureau
of Indian Affairs' Office of Law Enforcement is contemplated to be the
primary agency to investigate and enforce any violations of this new
Indian Arts and Crafts Act. As written, this bill, H.R. 725, authorizes
any Federal law enforcement officer to enforce the act. That is the
issue. It authorizes any Federal law enforcement officer to authorize
the act. This would include law enforcement officers who may or may not
have expertise in dealing with tribes, with artists, counterfeit art or
crafts.
So I certainly hope that the President takes appropriate steps to
delegate this overly broad law enforcement authority only to the agency
or the agencies that have the funding, manpower, time, and expertise to
enforce this important but somewhat complex area of law. It would be
nice if Congress were to actually take that responsibility to
ourselves. Indeed, the very goal of stopping this illegally
counterfeited Indian art should not be turned over to law enforcement
agencies who are strained with other duties, other kinds of
investigation of crime, acts of terrorism, fraud, or any other kind of
scheme that takes place.
Finally, in addition to the fact that this has not been specified
where it should be, I do want to note that there is a largely identical
bill, sponsored by the Senator from Arizona, that is in the House. If
we had taken up that bill today, it could probably be signed into law
this particular week. I have no idea why we did not take up the Senate
bill rather than pushing this bill forward, and for whatever reason it
is. If, indeed, it is simply because it's a Senator's bill, that may be
good enough for me. But if there are other concepts that may be there,
there are still questions as to why we are not passing Senate Bill 151
rather than this one. However, by passing H.R. 725 today, we are simply
delaying the enactment of this particular bill.
So once again, I think we missed the opportunity of trying to narrow
in our particular focus on the enforcement powers, and there are still
some questions on why this bill is taking precedence over others that
may speed up the actual date of enactment of this, but with the
substance of the bill, I am in support.
I reserve the balance of my time.
Ms. BORDALLO. Mr. Speaker, I yield myself such time as I may consume.
In 1935, Congress enacted legislation to establish the Indian Arts
and Crafts Board. The Indian Arts and Crafts Board, an agency within
the U.S. Department of the Interior, is responsible for promoting the
development of American Indian and Alaska Native arts and crafts,
improving the economic status of the members of the Indian tribes, and
helping to develop and expand marketing opportunities for arts and
crafts produced by the American Indians and Alaska Natives.
The 1935 legislation adopted criminal penalties for selling goods
with the
[[Page H154]]
misrepresentation that they were Indian produced. This provision,
currently located in section 1159 of title 18, U.S. Code, set fines not
to exceed $500 or imprisonment not to exceed 6 months or both. Although
this law was in effect for many years, it provided no meaningful
deterrent to those who misrepresented imitation arts and crafts as
Indian produced. In addition, willful intent was required to be proved.
Therefore, very little enforcement took place.
So H.R. 725 seeks to address this continuing problem by strengthening
the penalties associated with misrepresentation of Indian-produced
goods and by empowering Federal, tribal, and local authorities to
undertake investigations and enforcement. A Senate companion bill, S.
151, passed the Senate on July 24, 2009.
Mr. Speaker, I reserve the balance of my time.
Mr. BISHOP of Utah. Mr. Speaker, I appreciate the very complete and
thorough analysis that the gentlelady from Guam did on this particular
bill. It was well done.
I will ask at this time if the gentlelady from Guam has any more
speakers for this particular bill.
Ms. BORDALLO. Mr. Speaker, we do not have any additional speakers.
Mr. BISHOP of Utah. Sadly, neither do I. So at this time, I will
simply go forward and say that we still support it. We still think this
bill could have been done better. We are still very curious on why the
Senate bill was not being pushed forward, but we support the purpose
and the goals of this particular piece of legislation, and we will be
very happy to support it here on the floor as well.
I yield back the balance of my time.
Ms. BORDALLO. Mr. Speaker, I again urge Members to support the bill,
and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules
and pass the bill, H.R. 725, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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