II 

111TH CONGRESS 

1ST SESSION S. 151 

To protect Indian arts and crafts through the improvement of applicable 

criminal proceedings, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 6, 2009 

Mr. MCCAIN (for himself and Mr. KYL) introduced the following bill; which 

was read twice and referred to the Committee on Indian Affairs 

A BILL 

To protect Indian arts and crafts through the improvement 

of applicable criminal proceedings, 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 2009’’. 

6 SEC. 2. INDIAN ARTS AND CRAFTS. 

7 (a) CRIMINAL PROCEEDINGS; CIVIL ACTIONS; MIS8 REPRESENTATIONS.—Section 5 of the Act entitled ‘‘An 

9 Act to promote the development of Indian arts and crafts 


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1 and to create a board to assist therein, and for other pur2 poses’’ (25 U.S.C. 305d) is amended to read as follows: 

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

4 ‘‘(a) DEFINITION OF FEDERAL LAW ENFORCEMENT

5 OFFICER.—In this section, the term ‘Federal law enforce6 ment officer’ includes a Federal law enforcement officer 

7 (as defined in section 115(c) of title 18, United States 

8 Code). 

9 ‘‘(b) AUTHORITY TO CONDUCT INVESTIGATIONS.— 

10 Any Federal law enforcement officer shall have the author11 ity to conduct an investigation relating to an alleged viola12 tion of this Act occurring within the jurisdiction of the 

13 United States. 

14 ‘‘(c) CRIMINAL PROCEEDINGS.— 

15 ‘‘(1) INVESTIGATION.— 

16 ‘‘(A) IN GENERAL.—The Board may refer 

17 an alleged violation of section 1159 of title 18, 

18 United States Code, to any Federal law enforce19 ment officer for appropriate investigation. 

20 ‘‘(B) REFERRAL NOT REQUIRED.—A Fed21 eral law enforcement officer may investigate an 

22 alleged violation of section 1159 of that title re23 gardless of whether the Federal law enforce24 ment officer receives a referral under subpara25 graph (A). 


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1 ‘‘(2) FINDINGS.—The findings of an investiga2 tion of an alleged violation of section 1159 of title 

3 18, United States Code, by any Federal department 

4 or agency under paragraph (1)(A) shall be sub5 mitted, as appropriate, to— 

6 ‘‘(A) a Federal or State prosecuting au7 thority; or 

8 ‘‘(B) the Board. 

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

10 findings of an investigation under paragraph (2), the 

11 Board may— 

12 ‘‘(A) recommend to the Attorney General 

13 that criminal proceedings be initiated under 

14 section 1159 of title 18, United States Code; 

15 and 

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

17 General relating to the criminal proceedings as 

18 the Attorney General determines to be appro19 priate. 

20 ‘‘(d) CIVIL ACTIONS.—In lieu of, or in addition to, 

21 any criminal proceeding under subsection (c), the Board 

22 may recommend that the Attorney General initiate a civil 

23 action under section 6.’’. 

24 (b) CAUSE OF ACTION FOR MISREPRESENTATION.— 

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1 opment of Indian arts and crafts and to create a board 

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

3 305e) is amended— 

4 (1) by striking subsection (d); 

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

6 as subsections (b) through (d), respectively; 

7 (3) by inserting before subsection (b) (as redes8 ignated by paragraph (2)) the following: 

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

10 ‘‘(1) INDIAN.—The term ‘Indian’ means an in11 dividual that— 

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

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

14 Indian tribe. 

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

16 product’ has the meaning given the term in any reg17 ulation promulgated by the Secretary. 

18 ‘‘(3) INDIAN TRIBE.— 

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

20 tribe’ has the meaning given the term in section 

21 4 of the Indian Self-Determination and Edu22 cation Assistance Act (25 U.S.C. 450b). 

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

24 includes, for purposes of this section only, an 


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1 Indian group that has been formally recognized 

2 as an Indian tribe by— 

3 ‘‘(i) a State legislature; 

4 ‘‘(ii) a State commission; or 

5 ‘‘(iii) another similar organization 

6 vested with State legislative tribal recogni7 tion authority. 

8 ‘‘(4) SECRETARY.—The term ‘Secretary’ means 

9 the Secretary of the Interior.’’; 

10 (4) in subsection (b) (as redesignated by para11 graph (2)), by striking ‘‘subsection (c)’’ and insert12 ing ‘‘subsection (d)’’; 

13 (5) in subsection (c) (as redesignated by para14 graph (2))— 

15 (A) by striking ‘‘subsection (a)’’ and in16 serting ‘‘subsection (b)’’; and 

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

18 civil action’’; 

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

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

21 ‘‘(d) PERSONS THAT MAY INITIATE CIVIL AC22 TIONS.— 

23 ‘‘(1) IN GENERAL.—A civil action under sub24 section (b) may be initiated by— 


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

2 of the Secretary acting on behalf of— 

3 ‘‘(i) an Indian tribe; 

4 ‘‘(ii) an Indian; or 

5 ‘‘(iii) an Indian arts and crafts orga6 nization; 

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

8 ‘‘(i) the Indian tribe; 

9 ‘‘(ii) a member of that Indian tribe; or 

10 ‘‘(iii) an Indian arts and crafts orga11 nization; 

12 ‘‘(C) an Indian; or 

13 ‘‘(D) an Indian arts and crafts organiza14 tion. 

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

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

17 subparagraph (B), an amount recovered in a 

18 civil action under this section shall be paid to 

19 the Indian tribe, the Indian, or the Indian arts 

20 and crafts organization on the behalf of which 

21 the civil action was initiated. 

22 ‘‘(B) EXCEPTIONS.— 

23 ‘‘(i) ATTORNEY GENERAL.—In the 

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1 graph (1)(A), the Attorney General may 

2 deduct from the amount— 

3 ‘‘(I) the amount of the cost of 

4 the civil action and reasonable attor5 ney’s fees awarded under subsection 

6 (c), to be deposited in the Treasury 

7 and credited to appropriations avail8 able to the Attorney General on the 

9 date on which the amount is recov10 ered; and 

11 ‘‘(II) the amount of the costs of 

12 investigation awarded under sub13 section (c), to reimburse the Board 

14 for the activities of the Board relating 

15 to the civil action. 

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

17 civil action initiated under paragraph 

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

19 the amount— 

20 ‘‘(I) the amount of the cost of 

21 the civil action; and 

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

23 and 

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

25 event that’’ and inserting the following: 


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1 ‘‘(e) SAVINGS PROVISION.—If’’. 

2 SEC. 3. MISREPRESENTATION OF INDIAN PRODUCED 

3 GOODS AND PRODUCTS. 

4 Section 1159 of title 18, United States Code, is 

5 amended— 

6 (1) by striking subsection (b) and inserting the 

7 following: 

8 ‘‘(b) PENALTY.—Any person that knowingly violates 

9 subsection (a) shall— 

10 ‘‘(1) in the case of a first violation by that per11 son— 

12 ‘‘(A) if the applicable goods are offered or 

13 displayed for sale at a total price of $1,000 or 

14 more, or if the applicable goods are sold for a 

15 total price of $1,000 or more— 

16 ‘‘(i) in the case of an individual, be 

17 fined not more than $250,000, imprisoned 

18 for not more than 5 years, or both; and 

19 ‘‘(ii) in the case of a person other 

20 than an individual, be fined not more than 

21 $1,000,000; and 

22 ‘‘(B) if the applicable goods are offered or 

23 displayed for sale at a total price of less than 

24 $1,000, or if the applicable goods are sold for 

25 a total price of less than $1,000— 


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1 ‘‘(i) in the case of an individual, be 

2 fined not more than $25,000, imprisoned 

3 for not more than 1 year, or both; and 

4 ‘‘(ii) in the case of a person other 

5 than an individual, be fined not more than 

6 $100,000; and 

7 ‘‘(2) in the case of a subsequent violation by 

8 that person, regardless of the amount for which any 

9 good is offered or displayed for sale or sold— 

10 ‘‘(A) in the case of an individual, be fined 

11 under this title, imprisoned for not more than 

12 15 years, or both; and 

13 ‘‘(B) in the case of a person other than an 

14 individual, be fined not more than 

15 $5,000,000.’’; and 

16 (2) in subsection (c), by striking paragraph (3) 

17 and inserting the following: 

18 ‘‘(3) the term ‘Indian tribe’— 

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

20 section 4 of the Indian Self-Determination and 

21 Education Assistance Act (25 U.S.C. 450b); 

22 and 

23 ‘‘(B) includes, for purposes of this section 

24 only, an Indian group that has been formally 

25 recognized as an Indian tribe by— 


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1 ‘‘(i) a State legislature; 

2 ‘‘(ii) a State commission; or 

3 ‘‘(iii) another similar organization 

4 vested with State legislative tribal recogni5 tion authority; and’’. 

Æ 


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