109th CONGRESS
1st Session
S. 1375
IN THE HOUSE OF REPRESENTATIVES
July 29, 2005
Referred to the Committee on 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
AN ACT
To amend the Indian Arts and Crafts Act of 1990 to modify provisions
relating to criminal proceedings and civil actions, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Indian Arts and Crafts Amendments Act of 2005'.
SEC. 2. INDIAN ARTS AND CRAFTS.
(a) Criminal Proceedings; Civil Actions; Misrepresentations- Section 5 of
the Act entitled `An Act to promote the development of Indian arts and crafts
and to create a board to assist therein, and for other purposes' (25 U.S.C.
305d) is amended to read as follows:
`SEC. 5. CRIMINAL PROCEEDINGS; CIVIL ACTIONS.
`(a) Definition of Federal Law Enforcement Officer- In this section, the
term `Federal law enforcement officer' includes--
`(1) a Federal law enforcement officer (as defined in section 115(c) of
title 18, United States Code); and
`(2) with respect to a violation of this Act that occurs outside Indian
country (as defined in section 1151 of title 18, United States Code),
an officer that has authority under section 3 of the Indian Law Enforcement
Reform Act (25 U.S.C. 2802), acting in coordination with a Federal law
enforcement agency that has jurisdiction over the violation.
`(b) Criminal Proceedings-
`(1) REFERRAL- On receiving a complaint of a violation of section 1159
of title 18, United States Code, the Board may refer the complaint to
any Federal law enforcement officer for appropriate investigation.
`(2) FINDINGS- The findings of an investigation under paragraph (1) shall
be submitted to--
`(A) the Attorney General; and
`(3) RECOMMENDATIONS- On receiving the findings of an investigation in
accordance with paragraph (2), the Board may--
`(A) recommend to the Attorney General that criminal proceedings be
initiated under section 1159 of that title; and
`(B) provide such support to the Attorney General relating to the criminal
proceedings as the Attorney General determines appropriate.
`(c) Civil Actions- In lieu of, or in addition to, any criminal proceeding
under subsection (a), the Board may recommend that the Attorney General
initiate a civil action pursuant to section 6.'.
(b) Cause of Action for Misrepresentation- Section 6 of the Act entitled
`An Act to promote the development of Indian arts and crafts and to create
a board to assist therein, and for other purposes' (25 U.S.C. 305e) is amended--
(1) by striking subsection (d);
(2) by redesignating subsections (a) through (c) as subsections (b) through
(d), respectively;
(3) by inserting before subsection (b) (as redesignated by paragraph (2))
the following:
`(a) Definitions- In this section:
`(1) INDIAN- The term `Indian' means an individual that--
`(A) is a member of an Indian tribe; or
`(B) is certified as an Indian artisan by an Indian tribe.
`(2) INDIAN PRODUCT- The term `Indian product' has the meaning given the
term in any regulation promulgated by the Secretary.
`(A) IN GENERAL- The term `Indian tribe' has the meaning given the term
in section 4 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b).
`(B) INCLUSION- The term `Indian tribe' includes an Indian group that
has been formally recognized as an Indian tribe by--
`(i) a State legislature;
`(ii) a State commission; or
`(iii) another similar organization vested with State legislative
tribal recognition authority.
`(4) SECRETARY- The term `Secretary' means the Secretary of the Interior.';
(4) in subsection (b) (as redesignated by paragraph (2)), by striking
`subsection (c)' and inserting `subsection (d)';
(5) in subsection (c) (as redesignated by paragraph (2))--
(A) by striking `subsection (a)' and inserting `subsection (b)'; and
(B) by striking `suit' and inserting `the civil action';
(6) by striking subsection (d) (as redesignated by paragraph (2)) and
inserting the following:
`(d) Persons That May Initiate Civil Actions-
`(1) IN GENERAL- A civil action under subsection (b) may be initiated
by--
`(A) the Attorney General, at the request of the Secretary acting on
behalf of--
`(iii) an Indian arts and crafts organization;
`(B) an Indian tribe, acting on behalf of--
`(ii) a member of that tribe; or
`(iii) an Indian arts and crafts organization;
`(D) an Indian arts and crafts organization.
`(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.
`(i) ATTORNEY GENERAL- In the case of a civil action initiated under
paragraph (1)(A), the Attorney General may deduct from the amount--
`(I) the amount of the cost of the civil action and reasonable attorney's
fees awarded under subsection (c), to be deposited in the Treasury
and credited to appropriations available to the Attorney General
on the date on which the amount is recovered; and
`(II) the amount of the costs of investigation awarded under subsection
(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:
`(e) Savings Provision- If'.
(c) Conforming Amendment- Section 1159(c) of title 18, United States Code,
is amended 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 an Indian group that has been formally recognized as an
Indian tribe by--
`(i) a State legislature;
`(ii) a State commission; or
`(iii) another similar organization vested with State legislative
tribal recognition authority; and'.
Passed the Senate July 28, 2005.
Attest:
EMILY J. REYNOLDS,
Secretary.
END
