II 

Calendar No. 160 

109TH CONGRESS 

1ST SESSION 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. 

IN THE SENATE OF THE UNITED STATES 

JULY 11, 2005 

Mr. MCCAIN (for himself, Mr. DORGAN, and Mr. KYL) introduced the 

following bill; which was read the first time 

JULY 12, 2005 

Read the second time and placed on the calendar 

A BILL

To amend the Indian Arts and Crafts Act of 1990 to modify 

provisions relating to criminal proceedings and civil actions, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Indian Arts and Crafts 

5 Amendments Act of 2005’’. 
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1 SEC. 2. INDIAN ARTS AND CRAFTS. 

2 (a) CRIMINAL PROCEEDINGS; CIVIL ACTIONS; MIS3 REPRESENTATIONS.—Section 5 of the Act entitled ‘‘An 

4 Act to promote the development of Indian arts and crafts 

5 and to create a board to assist therein, and for other pur6 poses’’ (25 U.S.C. 305d) is amended to read as follows: 

7 ‘‘SEC. 5. CRIMINAL PROCEEDINGS; CIVIL ACTIONS. 

8 ‘‘(a) DEFINITION OF FEDERAL LAW ENFORCEMENT

9 OFFICER.—In this section, the term ‘Federal law enforce10 ment officer’ includes— 

11 ‘‘(1) a Federal law enforcement officer (as de12 fined in section 115(c) of title 18, United States 

13 Code); and 

14 ‘‘(2) with respect to a violation of this Act that 

15 occurs outside Indian country (as defined in section 

16 1151 of title 18, United States Code), an officer 

17 that has authority under section 3 of the Indian 

18 Law Enforcement Reform Act (25 U.S.C. 2802), 

19 acting in coordination with a Federal law enforce20 ment agency that has jurisdiction over the violation. 

21 ‘‘(b) CRIMINAL PROCEEDINGS.— 

22 ‘‘(1) REFERRAL.—On receiving a complaint of 

23 a violation of section 1159 of title 18, United States 

24 Code, the Board may refer the complaint to any 

25 Federal law enforcement officer for appropriate in26 vestigation. 
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1 ‘‘(2) FINDINGS.—The findings of an investiga2 tion under paragraph (1) shall be submitted to— 

3 ‘‘(A) the Attorney General; and 

4 ‘‘(B) the Board. 

5 ‘‘(3) RECOMMENDATIONS.—On receiving the 

6 findings of an investigation in accordance with para7 graph (2), the Board may— 

8 ‘‘(A) recommend to the Attorney General 

9 that criminal proceedings be initiated under 

10 section 1159 of that title; and 

11 ‘‘(B) provide such support to the Attorney 

12 General relating to the criminal proceedings as 

13 the Attorney General determines appropriate. 

14 ‘‘(c) CIVIL ACTIONS.—In lieu of, or in addition to, 

15 any criminal proceeding under subsection (a), the Board 

16 may recommend that the Attorney General initiate a civil 

17 action pursuant to section 6.’’. 

18 (b) CAUSE OF ACTION FOR MISREPRESENTATION.—

19 Section 6 of the Act entitled ‘‘An Act to promote the devel20 opment of Indian arts and crafts and to create a board 

21 to assist therein, and for other purposes’’ (25 U.S.C. 

22 305e) is amended— 

23 (1) by striking subsection (d); 

24 (2) by redesignating subsections (a) through (c) 

25 as subsections (b) through (d), respectively; 
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1 (3) by inserting before subsection (b) (as redes2 ignated by paragraph (2)) the following: 

3 ‘‘(a) DEFINITIONS.—In this section: 

4 ‘‘(1) INDIAN.—The term ‘Indian’ means an in5 dividual that— 

6 ‘‘(A) is a member of an Indian tribe; or 

7 ‘‘(B) is certified as an Indian artisan by an 

8 Indian tribe. 

9 ‘‘(2) INDIAN PRODUCT.—The term ‘Indian 

10 product’ has the meaning given the term in any reg11 ulation promulgated by the Secretary. 

12 ‘‘(3) INDIAN TRIBE.— 

13 ‘‘(A) IN GENERAL.—The term ‘Indian 

14 tribe’ has the meaning given the term in section 

15 4 of the Indian Self-Determination and Edu16 cation Assistance Act (25 U.S.C. 450b). 

17 ‘‘(B) INCLUSION.—The term ‘Indian tribe’ 

18 includes an Indian group that has been formally 

19 recognized as an Indian tribe by— 

20 ‘‘(i) a State legislature; 

21 ‘‘(ii) a State commission; or 

22 ‘‘(iii) another similar organization 

23 vested with State legislative tribal recogni24 tion authority. 
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1 ‘‘(4) SECRETARY.—The term ‘Secretary’ means 

2 the Secretary of the Interior.’’; 

3 (4) in subsection (b) (as redesignated by para4 graph (2)), by striking ‘‘subsection (c)’’ and insert5 ing ‘‘subsection (d)’’; 

6 (5) in subsection (c) (as redesignated by para7 graph (2))— 

8 (A) by striking ‘‘subsection (a)’’ and in9 serting ‘‘subsection (b)’’; and 

10 (B) by striking ‘‘suit’’ and inserting ‘‘the 

11 civil action’’; 

12 (6) by striking subsection (d) (as redesignated 

13 by paragraph (2)) and inserting the following: 

14 ‘‘(d) PERSONS THAT MAY INITIATE CIVIL AC15 TIONS.— 

16 ‘‘(1) IN GENERAL.—A civil action under sub17 section (b) may be initiated by— 

18 ‘‘(A) the Attorney General, at the request 

19 of the Secretary acting on behalf of— 

20 ‘‘(i) an Indian tribe; 

21 ‘‘(ii) an Indian; or 

22 ‘‘(iii) an Indian arts and crafts orga23 nization; 

24 ‘‘(B) an Indian tribe, acting on behalf of— 

25 ‘‘(i) the tribe; 
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1 ‘‘(ii) a member of that tribe; or 

2 ‘‘(iii) an Indian arts and crafts orga3 nization; 

4 ‘‘(C) an Indian; or 

5 ‘‘(D) an Indian arts and crafts organiza6 tion. 

7 ‘‘(2) DISPOSITION OF AMOUNTS RECOVERED.— 

8 ‘‘(A) IN GENERAL.—Except as provided in 

9 subparagraph (B), an amount recovered in a 

10 civil action under this section shall be paid to 

11 the Indian tribe, the Indian, or the Indian arts 

12 and crafts organization on the behalf of which 

13 the civil action was initiated. 

14 ‘‘(B) EXCEPTIONS.— 

15 ‘‘(i) ATTORNEY GENERAL.—In the 

16 case of a civil action initiated under para17 graph (1)(A), the Attorney General may 

18 deduct from the amount— 

19 ‘‘(I) the amount of the cost of 

20 the civil action and reasonable attor21 ney’s fees awarded under subsection 

22 (c), to be deposited in the Treasury 

23 and credited to appropriations avail24 able to the Attorney General on the 
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1 date on which the amount is recov2 ered; and 

3 ‘‘(II) the amount of the costs of 

4 investigation awarded under sub5 section (c), to reimburse the Board 

6 for the activities of the Board relating 

7 to the civil action. 

8 ‘‘(ii) INDIAN TRIBE.—In the case of a 

9 civil action initiated under paragraph 

10 (1)(B), the Indian tribe may deduct from 

11 the amount— 

12 ‘‘(I) the amount of the cost of 

13 the civil action; and 

14 ‘‘(II) reasonable attorney’s fees.’’; 

15 and 

16 (7) in subsection (e), by striking ‘‘(e) In the 

17 event that’’ and inserting the following: 

18 ‘‘(e) SAVINGS PROVISION.—If’’. 

19 (c) CONFORMING AMENDMENT.—Section 1159(c) of 

20 title 18, United States Code, is amended by striking para21 graph (3) and inserting the following: 

22 ‘‘(3) the term ‘Indian tribe’— 

23 ‘‘(A) has the meaning given the term in 

24 section 4 of the Indian Self-Determination and 
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1 Education Assistance Act (25 U.S.C. 450b); 

2 and 

3 ‘‘(B) includes an Indian group that has 

4 been formally recognized as an Indian tribe 

5 by— 

6 ‘‘(i) a State legislature; 

7 ‘‘(ii) a State commission; or 

8 ‘‘(iii) another similar organization 

9 vested with State legislative tribal recogni10 tion authority; and’’. 

Calendar No. 160 

109TH CONGRESS 

1ST SESSION S. 1375 

A BILL

To amend the Indian Arts and Crafts Act of 1990 

poses. ceedings and civil actions, and for other purto modify provisions relating to criminal proJULY 12, 2005 

Read the second time and placed on the calendar