II 

Calendar No. 124 

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, Mr. KYL, and Mr. DORGAN) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs 

JULY 22, 2009 

Reported by Mr. DORGAN, without amendment 

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’’. 


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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 a Federal law enforcement officer 

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

12 Code). 

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

14 Any Federal law enforcement officer shall have the author15 ity to conduct an investigation relating to an alleged viola16 tion of this Act occurring within the jurisdiction of the 

17 United States. 

18 ‘‘(c) CRIMINAL PROCEEDINGS.— 

19 ‘‘(1) INVESTIGATION.— 

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

21 an alleged violation of section 1159 of title 18, 

22 United States Code, to any Federal law enforce23 ment officer for appropriate investigation. 

24 ‘‘(B) REFERRAL NOT REQUIRED.—A Fed25 eral law enforcement officer may investigate an 

26 alleged violation of section 1159 of that title reVerDate Nov 24 2008 23:44 Jul 22, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S151.RS S151

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1 gardless of whether the Federal law enforce2 ment officer receives a referral under subpara3 graph (A). 

4 ‘‘(2) FINDINGS.—The findings of an investiga5 tion of an alleged violation of section 1159 of title 

6 18, United States Code, by any Federal department 

7 or agency under paragraph (1)(A) shall be sub8 mitted, as appropriate, to— 

9 ‘‘(A) a Federal or State prosecuting au10 thority; or 

11 ‘‘(B) the Board. 

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

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

14 Board may— 

15 ‘‘(A) recommend to the Attorney General 

16 that criminal proceedings be initiated under 

17 section 1159 of title 18, United States Code; 

18 and 

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

20 General relating to the criminal proceedings as 

21 the Attorney General determines to be appro22 priate. 

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

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


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1 may recommend that the Attorney General initiate a civil 

2 action under section 6.’’. 

3 (b) CAUSE OF ACTION FOR MISREPRESENTATION.— 

4 Section 6 of the Act entitled ‘‘An Act to promote the devel5 opment of Indian arts and crafts and to create a board 

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

7 305e) is amended— 

8 (1) by striking subsection (d); 

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

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

11 (3) by inserting before subsection (b) (as redes12 ignated by paragraph (2)) the following: 

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

14 ‘‘(1) INDIAN.—The term ‘Indian’ means an in15 dividual that— 

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

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

18 Indian tribe. 

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

20 product’ has the meaning given the term in any reg21 ulation promulgated by the Secretary. 

22 ‘‘(3) INDIAN TRIBE.— 

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

24 tribe’ has the meaning given the term in section 


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1 4 of the Indian Self-Determination and Edu2 cation Assistance Act (25 U.S.C. 450b). 

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

4 includes, for purposes of this section only, an 

5 Indian group that has been formally recognized 

6 as an Indian tribe by— 

7 ‘‘(i) a State legislature; 

8 ‘‘(ii) a State commission; or 

9 ‘‘(iii) another similar organization 

10 vested with State legislative tribal recogni11 tion authority. 

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

13 the Secretary of the Interior.’’; 

14 (4) in subsection (b) (as redesignated by para15 graph (2)), by striking ‘‘subsection (c)’’ and insert16 ing ‘‘subsection (d)’’; 

17 (5) in subsection (c) (as redesignated by para18 graph (2))— 

19 (A) by striking ‘‘subsection (a)’’ and in20 serting ‘‘subsection (b)’’; and 

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

22 civil action’’; 

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

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


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1 ‘‘(d) PERSONS THAT MAY INITIATE CIVIL AC2 TIONS.— 

3 ‘‘(1) IN GENERAL.—A civil action under sub4 section (b) may be initiated by— 

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

6 of the Secretary acting on behalf of— 

7 ‘‘(i) an Indian tribe; 

8 ‘‘(ii) an Indian; or 

9 ‘‘(iii) an Indian arts and crafts orga10 nization; 

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

12 ‘‘(i) the Indian tribe; 

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

14 ‘‘(iii) an Indian arts and crafts orga15 nization; 

16 ‘‘(C) an Indian; or 

17 ‘‘(D) an Indian arts and crafts organiza18 tion. 

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

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

21 subparagraph (B), an amount recovered in a 

22 civil action under this section shall be paid to 

23 the Indian tribe, the Indian, or the Indian arts 

24 and crafts organization on the behalf of which 

25 the civil action was initiated. 


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1 ‘‘(B) EXCEPTIONS.— 

2 ‘‘(i) ATTORNEY GENERAL.—In the 

3 case of a civil action initiated under para4 graph (1)(A), the Attorney General may 

5 deduct from the amount— 

6 ‘‘(I) the amount of the cost of 

7 the civil action and reasonable attor8 ney’s fees awarded under subsection 

9 (c), to be deposited in the Treasury 

10 and credited to appropriations avail11 able to the Attorney General on the 

12 date on which the amount is recov13 ered; and 

14 ‘‘(II) the amount of the costs of 

15 investigation awarded under sub16 section (c), to reimburse the Board 

17 for the activities of the Board relating 

18 to the civil action. 

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

20 civil action initiated under paragraph 

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

22 the amount— 

23 ‘‘(I) the amount of the cost of 

24 the civil action; and 


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

2 and 

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

4 event that’’ and inserting the following: 

5 ‘‘(e) SAVINGS PROVISION.—If’’. 

6 SEC. 3. MISREPRESENTATION OF INDIAN PRODUCED 

7 GOODS AND PRODUCTS. 

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

9 amended— 

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

11 following: 

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

13 subsection (a) shall— 

14 ‘‘(1) in the case of a first violation by that per15 son— 

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

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

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

19 total price of $1,000 or more— 

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

21 fined not more than $250,000, imprisoned 

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

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

24 than an individual, be fined not more than 

25 $1,000,000; and 


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

2 displayed for sale at a total price of less than 

3 $1,000, or if the applicable goods are sold for 

4 a total price of less than $1,000— 

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

6 fined not more than $25,000, imprisoned 

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

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

9 than an individual, be fined not more than 

10 $100,000; and 

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

12 that person, regardless of the amount for which any 

13 good is offered or displayed for sale or sold— 

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

15 under this title, imprisoned for not more than 

16 15 years, or both; and 

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

18 individual, be fined not more than 

19 $5,000,000.’’; and 

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

21 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, for purposes of this section 

4 only, an Indian group that has been formally 

5 recognized as an Indian tribe 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’’. 


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Calendar No. 124 

111TH CONGRESS 

1ST SESSION S. 151 

A BILL 

To protect Indian arts and crafts through the imand for other purposes. provement of applicable criminal proceedings, 

JULY 22, 2009 

Reported without amendment 


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