II 

110TH CONGRESS 

1ST SESSION S. 1255 

To protect Indian arts and crafts through the improvement of applicable 

criminal proceedings, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 1, 2007 

Mr. MCCAIN (for himself, Mr. KYL, Mr. THOMAS, and Mr. DOMENICI) 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 2007’’. 

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 


bajohnson on PRODPC74 with BILLS
2 

•S 1255 IS

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) CONDUCT OF INVESTIGATIONS.—Any Federal 

10 law enforcement officer may conduct an investigation re11 lating to a violation of this Act that occurs on land under 

12 the jurisdiction of the Federal Government. 

13 ‘‘(c) CRIMINAL PROCEEDINGS.— 

14 ‘‘(1) INVESTIGATION.— 

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

16 an alleged violation of section 1159 of title 18, 

17 United States Code, to any Federal law enforce18 ment officer for appropriate investigation. 

19 ‘‘(B) REFERRAL NOT REQUIRED.—A Fed20 eral law enforcement officer may investigate an 

21 alleged violation of section 1159 of that title re22 gardless of whether the Federal law enforce23 ment officer receives a referral under subpara24 graph (A). 


bajohnson on PRODPC74 with BILLS
3 

•S 1255 IS

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 to— 

6 ‘‘(A) the Attorney General; or 

7 ‘‘(B) the Board. 

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

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

10 Board may— 

11 ‘‘(A) recommend to the Attorney General 

12 that criminal proceedings be initiated under 

13 section 1159 of title 18, United States Code; 

14 and 

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

16 General relating to the criminal proceedings as 

17 the Attorney General determines to be appro18 priate. 

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

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

21 may recommend that the Attorney General initiate a civil 

22 action under section 6.’’. 

23 (b) CAUSE OF ACTION FOR MISREPRESENTATION.— 

24 Section 6 of the Act entitled ‘‘An Act to promote the devel25 opment of Indian arts and crafts and to create a board 


bajohnson on PRODPC74 with BILLS
4 

•S 1255 IS

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

2 305e) is amended— 

3 (1) by striking subsection (d); 

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

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

6 (3) by inserting before subsection (b) (as redes7 ignated by paragraph (2)) the following: 

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

9 ‘‘(1) INDIAN.—The term ‘Indian’ means an in10 dividual that— 

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

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

13 Indian tribe. 

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

15 product’ has the meaning given the term in any reg16 ulation promulgated by the Secretary. 

17 ‘‘(3) INDIAN TRIBE.— 

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

19 tribe’ has the meaning given the term in section 

20 4 of the Indian Self-Determination and Edu21 cation Assistance Act (25 U.S.C. 450b). 

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

23 includes, for purposes of this section only, an 

24 Indian group that has been formally recognized 

25 as an Indian tribe by— 


bajohnson on PRODPC74 with BILLS
5 

•S 1255 IS

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. 

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

7 the Secretary of the Interior.’’; 

8 (4) in subsection (b) (as redesignated by para9 graph (2)), by striking ‘‘subsection (c)’’ and insert10 ing ‘‘subsection (d)’’; 

11 (5) in subsection (c) (as redesignated by para12 graph (2))— 

13 (A) by striking ‘‘subsection (a)’’ and in14 serting ‘‘subsection (b)’’; and 

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

16 civil action’’; 

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

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

19 ‘‘(d) PERSONS THAT MAY INITIATE CIVIL AC20 TIONS.— 

21 ‘‘(1) IN GENERAL.—A civil action under sub22 section (b) may be initiated by— 

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

24 of the Secretary acting on behalf of— 

25 ‘‘(i) an Indian tribe; 


bajohnson on PRODPC74 with BILLS
6 

•S 1255 IS

1 ‘‘(ii) an Indian; or 

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

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

5 ‘‘(i) the Indian tribe; 

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

7 ‘‘(iii) an Indian arts and crafts orga8 nization; 

9 ‘‘(C) an Indian; or 

10 ‘‘(D) an Indian arts and crafts organiza11 tion. 

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

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

14 subparagraph (B), an amount recovered in a 

15 civil action under this section shall be paid to 

16 the Indian tribe, the Indian, or the Indian arts 

17 and crafts organization on the behalf of which 

18 the civil action was initiated. 

19 ‘‘(B) EXCEPTIONS.— 

20 ‘‘(i) ATTORNEY GENERAL.—In the 

21 case of a civil action initiated under para22 graph (1)(A), the Attorney General may 

23 deduct from the amount— 

24 ‘‘(I) the amount of the cost of 

25 the civil action and reasonable attorVerDate Aug 31 2005 00:41 May 02, 2007 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1255.IS S1255

bajohnson on PRODPC74 with BILLS
7 

•S 1255 IS

1 ney’s fees awarded under subsection 

2 (c), to be deposited in the Treasury 

3 and credited to appropriations avail4 able to the Attorney General on the 

5 date on which the amount is recov6 ered; and 

7 ‘‘(II) the amount of the costs of 

8 investigation awarded under sub9 section (c), to reimburse the Board 

10 for the activities of the Board relating 

11 to the civil action. 

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

13 civil action initiated under paragraph 

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

15 the amount— 

16 ‘‘(I) the amount of the cost of 

17 the civil action; and 

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

19 and 

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

21 event that’’ and inserting the following: 

22 ‘‘(e) SAVINGS PROVISION.—If’’. 


bajohnson on PRODPC74 with BILLS
8 

•S 1255 IS

1 SEC. 3. MISREPRESENTATION OF INDIAN PRODUCED 

2 GOODS AND PRODUCTS. 

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

4 amended— 

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

6 following: 

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

8 subsection (a) shall— 

9 ‘‘(1) in the case of a first violation by that per10 son— 

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

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

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

14 total price of $1,000 or more— 

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

16 fined not more than $250,000, imprisoned 

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

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

19 than an individual, be fined not more than 

20 $1,000,000; and 

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

22 displayed for sale at a total price of less than 

23 $1,000, or if the applicable goods are sold for 

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


bajohnson on PRODPC74 with BILLS
9 

•S 1255 IS

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— 


bajohnson on PRODPC74 with BILLS
10 

•S 1255 IS

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 


bajohnson on PRODPC74 with BILLS