‘‘(A) the Attorney General, at the request 
of the Secretary acting on behalf of— 
‘‘(i) an Indian tribe; 
‘‘(ii) an Indian; or 
‘‘(iii) an Indian arts and crafts orga-
nization; 
‘‘(B) an Indian tribe, acting on behalf of— 
‘‘(i) the Indian tribe; 
‘‘(ii) a member of that Indian tribe; or 
‘‘(iii) an Indian arts and crafts orga-
nization; 
‘‘(C) an Indian; or 
‘‘(D) an Indian arts and crafts organiza-
tion. 
‘‘(2) DISPOSITION OF AMOUNTS RECOVERED.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), an amount recovered in a 
civil action under this section shall be paid to 
the Indian tribe, the Indian, or the Indian arts 
and crafts organization on the behalf of which 
the civil action was initiated. 
‘‘(B) EXCEPTIONS.— 
‘‘(i) ATTORNEY
GENERAL.—In the 
case of a civil action initiated under para-
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graph (1)(A), the Attorney General may 
deduct from the amount— 
‘‘(I) the amount of the cost of 
the civil action and reasonable attor-
ney’s fees awarded under subsection 
(c), to be deposited in the Treasury 
and credited to appropriations avail-
able to the Attorney General on the 
date on which the amount is recov-
ered; and 
‘‘(II) the amount of the costs of 
investigation 
awarded 
under 
sub-
section (c), to reimburse the Board 
for the activities of the Board relating 
to the civil action. 
‘‘(ii) INDIAN TRIBE.—In the case of a 
civil action initiated under paragraph 
(1)(B), the Indian tribe may deduct from 
the amount— 
‘‘(I) the amount of the cost of 
the civil action; and 
‘‘(II) reasonable attorney’s fees.’’; 
and 
(7) in subsection (e), by striking ‘‘(e) In the 
event that’’ and inserting the following: 
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‘‘(e) SAVINGS PROVISION.—If’’. 
SEC. 
3. 
MISREPRESENTATION 
OF 
INDIAN 
PRODUCED 
GOODS AND PRODUCTS. 
Section 1159 of title 18, United States Code, is 
amended— 
(1) by striking subsection (b) and inserting the 
following: 
‘‘(b) PENALTY.—Any person that knowingly violates 
subsection (a) shall— 
‘‘(1) in the case of a first violation by that per-
son— 
‘‘(A) if the applicable goods are offered or 
displayed for sale at a total price of $1,000 or 
more, or if the applicable goods are sold for a 
total price of $1,000 or more— 
‘‘(i) in the case of an individual, be 
fined not more than $250,000, imprisoned 
for not more than 5 years, or both; and 
‘‘(ii) in the case of a person other 
than an individual, be fined not more than 
$1,000,000; and 
‘‘(B) if the applicable goods are offered or 
displayed for sale at a total price of less than 
$1,000, or if the applicable goods are sold for 
a total price of less than $1,000— 
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‘‘(i) in the case of an individual, be 
fined not more than $25,000, imprisoned 
for not more than 1 year, or both; and 
‘‘(ii) in the case of a person other 
than an individual, be fined not more than 
$100,000; and 
‘‘(2) in the case of a subsequent violation by 
that person, regardless of the amount for which any 
good is offered or displayed for sale or sold— 
‘‘(A) in the case of an individual, be fined 
under this title, imprisoned for not more than 
15 years, or both; and 
‘‘(B) in the case of a person other than an 
individual, 
be 
fined 
not 
more 
than 
$5,000,000.’’; and 
(2) in subsection (c), by striking paragraph (3) 
and inserting the following: 
‘‘(3) the term ‘Indian tribe’— 
‘‘(A) has the meaning given the term in 
section 4 of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450b); 
and 
‘‘(B) includes, for purposes of this section 
only, an Indian group that has been formally 
recognized as an Indian tribe by— 
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‘‘(i) a State legislature; 
‘‘(ii) a State commission; or 
‘‘(iii) another similar organization 
vested with State legislative tribal recogni-
tion authority; and’’. 
Æ 
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