Indian Arts and Crafts Amendments Act of 2009

Bill: 111-s-151
Sponsor: Sen. McCain, John [R-AZ]
Introduced: 2009-01-06 in the Senate
Policy area: Native Americans
Subjects: Civil actions and liability
Consumer affairs
Criminal investigation, prosecution, interrogation
Fraud offenses and financial crimes
Historical and cultural resources

Summary:
action_date: 2009-01-06
text: 
Indian Arts and Crafts Amendments Act of 2009 - Amends the Indian Arts and Crafts Act of 1990 to: (1) authorize any federal law enforcement officer to conduct an investigation of an offense involving the sale of any good that is misrepresented as an Indian produced good or product that occurs within the jurisdiction of the United States; and (2) authorize the Indian Arts and Crafts Board to refer such an alleged offense to any federal law enforcement officer (currently, just to the Federal Bureau of Investigation (FBI)) for appropriate investigation. Permits a federal law enforcement officer to investigate such an alleged offense regardless of whether such officer receives a referral from the Board. 

Requires that the findings of an investigation of such an alleged offense by any federal department or agency be submitted to: (1) a federal or state prosecuting authority; or (2) the Board. 

Provides for the Board, upon receiving the findings of such an investigation, to: (1) recommend to the Attorney General that criminal proceedings be initiated (current law); and (2) provide such support to the Attorney General relating to the criminal proceedings as the Attorney General determines to be appropriate. Allows the Board, in lieu of, or in addition to, any such criminal proceeding, to recommend that the Attorney General initiate a civil action. 

Revises: (1) requirements for the initiation of civil actions for misrepresentation of Indian produced goods; and (2) penalties for the misrepresentation of such goods. 

action_date: 2009-07-22
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
Indian Arts and Crafts Amendments Act of 2009 - Amends the Indian Arts and Crafts Act of 1990 to expand the authority of the Indian Arts and Crafts Board to bring criminal and civil actions for offenses under such Act involving the sale of misrepresented Indian produced goods or products. Authorizes: (1) any federal law enforcement officer to conduct an investigation of an alleged violation of this Act occurring within the jurisdiction of the United States; and (2) the Indian Arts and Crafts Board to refer an alleged violation to any federal law enforcement officer (currently, only to the Federal Bureau of Investigation (FBI)) for investigation. Permits federal law enforcement officers to investigate an alleged violation regardless of whether the Board makes a referral of an alleged violation. 
 
Requires the findings of any investigation of an alleged violation to be submitted to a federal or state prosecuting authority or the Indian Arts and Crafts Board. Authorizes the Board, upon receiving the findings of such an investigation, to: (1) recommend to the Attorney General that criminal proceedings be initiated (current law); (2) provide such support to the Attorney General relating to the criminal proceedings as the Attorney General determines to be appropriate; or (3) recommend, in lieu of, or in addition to, any such criminal proceeding, that the Attorney General initiate a civil action. Allows the Attorney General, an Indian tribe, an Indian, or an Indian arts and crafts organization to initiate a civil action under this Act. 
 
Amends the federal criminal code to revise penalties for the sale of misrepresented Indian produced goods and products.

action_date: 2009-07-24
text: 

(This measure has not been amended since it was introduced. The expanded summary of the Senate reported version is repeated here.)

 
Indian Arts and Crafts Amendments Act of 2009 - Amends the Indian Arts and Crafts Act of 1990 to expand the authority of the Indian Arts and Crafts Board to bring criminal and civil actions for offenses under such Act involving the sale of misrepresented Indian produced goods or products. Authorizes: (1) any federal law enforcement officer to conduct an investigation of an alleged violation of this Act occurring within the jurisdiction of the United States; and (2) the Indian Arts and Crafts Board to refer an alleged violation to any federal law enforcement officer (currently, only to the Federal Bureau of Investigation (FBI)) for investigation. Permits federal law enforcement officers to investigate an alleged violation regardless of whether the Board makes a referral of an alleged violation. 
 
Requires the findings of any investigation of an alleged violation to be submitted to a federal or state prosecuting authority or the Indian Arts and Crafts Board. Authorizes the Board, upon receiving the findings of such an investigation, to: (1) recommend to the Attorney General that criminal proceedings be initiated (current law); (2) provide such support to the Attorney General relating to the criminal proceedings as the Attorney General determines to be appropriate; or (3) recommend, in lieu of, or in addition to, any such criminal proceeding, that the Attorney General initiate a civil action. Allows the Attorney General, an Indian tribe, an Indian, or an Indian arts and crafts organization to initiate a civil action under this Act. 
 
Amends the federal criminal code to revise penalties for the sale of misrepresented Indian produced goods and products.


Legislative actions:
action_date: 2009-08-19
text: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
action_date: 2009-07-24
text: Referred to House Judiciary
action_date: 2009-07-24
text: Referred to the Committee on Natural Resources, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2009-07-24
text: Referred to House Natural Resources
action_date: 2009-07-24
text: Message on Senate action sent to the House.
action_date: 2009-07-24
text: Received in the House.
action_date: 2009-07-24
text: Passed Senate without amendment by Unanimous Consent. (consideration: CR S8100-8101; text as passed Senate: CR S8100-8101)
action_date: 2009-07-24
text: Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(consideration: CR S8100-8101; text as passed Senate: CR S8100-8101)
action_date: 2009-07-22
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 124.
action_date: 2009-07-22
text: Committee on Indian Affairs. Reported by Senator Dorgan without amendment. Without written report.
action_date: 2009-07-22
text: Committee on Indian Affairs. Reported by Senator Dorgan without amendment. Without written report.
action_date: 2009-04-30
text: Committee on Indian Affairs. Ordered to be reported without amendment favorably.
action_date: 2009-01-06
text: Read twice and referred to the Committee on Indian Affairs.
action_date: 2009-01-06
text: Sponsor introductory remarks on measure. (CR S137)
action_date: 2009-01-06
text: Introduced in Senate