II 

Calendar No. 961 

110TH CONGRESS 

2D SESSION S. 1255 

[Report No. 110–460] 

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 

SEPTEMBER 15, 2008 

Reported by Mr. DORGAN, with amendments 

[Omit the part struck through and insert the part printed in italic] 

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. 7. 

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

5 Amendments Act of 20078’’. 


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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) CONDUCT OF INVESTIGATIONS.—Any Federal 

14 law enforcement officer may conduct an investigation re15 lating to a violation of this Act that occurs on land under 

16 the jurisdiction of the Federal Government. 

17 ‘‘(b) AUTHORITY TO CONDUCT INVESTIGATIONS.—Any 

18 Federal law enforcement officer shall have the authority to 

19 conduct an investigation relating to an alleged violation of 

20 this Act occurring within the jurisdiction of the United 

21 States. 

22 ‘‘(c) CRIMINAL PROCEEDINGS.— 

23 ‘‘(1) INVESTIGATION.— 

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

25 an alleged violation of section 1159 of title 18, 


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1 United States Code, to any Federal law enforce2 ment officer for appropriate investigation. 

3 ‘‘(B) REFERRAL NOT REQUIRED.—A Fed4 eral law enforcement officer may investigate an 

5 alleged violation of section 1159 of that title re6 gardless of whether the Federal law enforce7 ment officer receives a referral under subpara8 graph (A). 

9 ‘‘(2) FINDINGS.—The findings of an investiga10 tion of an alleged violation of section 1159 of title 

11 18, United States Code, by any Federal department 

12 or agency under paragraph (1)(A) shall be 

13 submitted, as appropriate, to—mitted to— 

14 ‘‘(A) the Attorney General; or 

15 ‘‘(A) a Federal or State prosecuting author16 ity; or 

17 ‘‘(B) the Board. 

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

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

20 Board may— 

21 ‘‘(A) recommend to the Attorney General 

22 that criminal proceedings be initiated under 

23 section 1159 of title 18, United States Code; 

24 and 


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

2 General relating to the criminal proceedings as 

3 the Attorney General determines to be appro4 priate. 

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

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

7 may recommend that the Attorney General initiate a civil 

8 action under section 6.’’. 

9 (b) CAUSE OF ACTION FOR MISREPRESENTATION.— 

10 Section 6 of the Act entitled ‘‘An Act to promote the devel11 opment of Indian arts and crafts and to create a board 

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

13 305e) is amended— 

14 (1) by striking subsection (d); 

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

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

17 (3) by inserting before subsection (b) (as redes18 ignated by paragraph (2)) the following: 

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

20 ‘‘(1) INDIAN.—The term ‘Indian’ means an in21 dividual that— 

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

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

24 Indian tribe. 


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

2 product’ has the meaning given the term in any reg3 ulation promulgated by the Secretary. 

4 ‘‘(3) INDIAN TRIBE.— 

5 ‘‘(A) IN GENERAL.—The term ‘Indian 

6 tribe’ has the meaning given the term in section 

7 4 of the Indian Self-Determination and Edu8 cation Assistance Act (25 U.S.C. 450b). 

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

10 includes, for purposes of this section only, an 

11 Indian group that has been formally recognized 

12 as an Indian tribe by— 

13 ‘‘(i) a State legislature; 

14 ‘‘(ii) a State commission; or 

15 ‘‘(iii) another similar organization 

16 vested with State legislative tribal recogni17 tion authority. 

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

19 the Secretary of the Interior.’’; 

20 (4) in subsection (b) (as redesignated by para21 graph (2)), by striking ‘‘subsection (c)’’ and insert22 ing ‘‘subsection (d)’’; 

23 (5) in subsection (c) (as redesignated by para24 graph (2))— 


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1 (A) by striking ‘‘subsection (a)’’ and in2 serting ‘‘subsection (b)’’; and 

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

4 civil action’’; 

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

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

7 ‘‘(d) PERSONS THAT MAY INITIATE CIVIL AC8 TIONS.— 

9 ‘‘(1) IN GENERAL.—A civil action under sub10 section (b) may be initiated by— 

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

12 of the Secretary acting on behalf of— 

13 ‘‘(i) an Indian tribe; 

14 ‘‘(ii) an Indian; or 

15 ‘‘(iii) an Indian arts and crafts orga16 nization; 

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

18 ‘‘(i) the Indian tribe; 

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

20 ‘‘(iii) an Indian arts and crafts orga21 nization; 

22 ‘‘(C) an Indian; or 

23 ‘‘(D) an Indian arts and crafts organiza24 tion. 

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


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

2 subparagraph (B), an amount recovered in a 

3 civil action under this section shall be paid to 

4 the Indian tribe, the Indian, or the Indian arts 

5 and crafts organization on the behalf of which 

6 the civil action was initiated. 

7 ‘‘(B) EXCEPTIONS.— 

8 ‘‘(i) ATTORNEY GENERAL.—In the 

9 case of a civil action initiated under para10 graph (1)(A), the Attorney General may 

11 deduct from the amount— 

12 ‘‘(I) the amount of the cost of 

13 the civil action and reasonable attor14 ney’s fees awarded under subsection 

15 (c), to be deposited in the Treasury 

16 and credited to appropriations avail17 able to the Attorney General on the 

18 date on which the amount is recov19 ered; and 

20 ‘‘(II) the amount of the costs of 

21 investigation awarded under sub22 section (c), to reimburse the Board 

23 for the activities of the Board relating 

24 to the civil action. 


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

2 civil action initiated under paragraph 

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

4 the amount— 

5 ‘‘(I) the amount of the cost of 

6 the civil action; and 

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

8 and 

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

10 event that’’ and inserting the following: 

11 ‘‘(e) SAVINGS PROVISION.—If’’. 

12 SEC. 3. MISREPRESENTATION OF INDIAN PRODUCED 

13 GOODS AND PRODUCTS. 

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

15 amended— 

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

17 following: 

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

19 subsection (a) shall— 

20 ‘‘(1) in the case of a first violation by that per21 son— 

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

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

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

25 total price of $1,000 or more— 


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

2 fined not more than $250,000, imprisoned 

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

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

5 than an individual, be fined not more than 

6 $1,000,000; and 

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

8 displayed for sale at a total price of less than 

9 $1,000, or if the applicable goods are sold for 

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

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

12 fined not more than $25,000, imprisoned 

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

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

15 than an individual, be fined not more than 

16 $100,000; and 

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

18 that person, regardless of the amount for which any 

19 good is offered or displayed for sale or sold— 

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

21 under this title, imprisoned for not more than 

22 15 years, or both; and 

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

24 individual, be fined not more than 

25 $5,000,000.’’; and 


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

2 and inserting the following: 

3 ‘‘(3) the term ‘Indian tribe’— 

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

5 section 4 of the Indian Self-Determination and 

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

7 and 

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

9 only, an Indian group that has been formally 

10 recognized as an Indian tribe by— 

11 ‘‘(i) a State legislature; 

12 ‘‘(ii) a State commission; or 

13 ‘‘(iii) another similar organization 

14 vested with State legislative tribal recogni15 tion authority; and’’. 


smartinez on PROD1PC64 with BILLS

smartinez on PROD1PC64 with BILLS
Calendar No. 961 

110TH CONGRESS 

2D SESSION S. 1255 

[Report No. 110–460] 

A BILL 

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

SEPTEMBER 15, 2008 

Reported with amendments 


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