HR 2006 CDS
101st CONGRESS
2d Session
H. R. 2006
IN THE SENATE OF THE UNITED STATES
October 1 (legislative day, SEPTEMBER 10), 1990
Received; read twice and  referred to the Select Committee on Indian Affairs
October 25 (legislative day, OCTOBER 2), 1990
Committee discharged
AN ACT
To expand the powers of the Indian Arts and Crafts Board, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

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This Act may be cited as the `Indian Arts and Crafts Act of 1990'.

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Section 2 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. 305a) is amended--
(1) in the first sentence--
(A) by striking `the Board' and inserting `the Secretary of the Interior
through the Board'; and
(B) by striking `the Indian wards of the Government' and inserting `Indian
individuals';
(2) by amending clause (g) to read as follows: `(g)(1) to create for the
Board, or for an individual Indian or Indian tribe or tribal organization,
trademarks of genuineness and quality for Indian products and the products
of an individual Indian or particular Indian tribe or tribal organization;
(2) to establish standards and regulations for the use of Government-owned
trademarks by corporations, associations, or individuals, and to charge
for such use under such licenses; (3) to register any such trademark
owned by the Government in the United States Patent and Trademark Office
without charge and assign it and the goodwill associated with it to an
individual Indian or Indian tribe or group without charge; and (4) to
pursue or defend in the courts any appeal or proceeding with respect to
any final determination of that office;'; and
(3) by adding at the end the following new sentence: `For the purposes of
this section, the term `tribal organization' means any legally established
arts and crafts marketing organization composed of members of Indian
tribes.'.

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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. 305 et seq.) is amended by adding at the end of the following:
`SEC. 5. (a) The Board may receive complaints of violations of section 1159
of title 18, United States Code, and refer complaints of such violations
to the Federal Bureau of Investigation for appropriate investigation. After
reviewing the investigation report, the Board may recommend to the Attorney
General of the United States that criminal proceedings be instituted under
that section.
`(b) The Board may recommend that the Secretary of the Interior refer the
matter to the Attorney General for civil action under section 6.'.

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AND PRODUCTS.
(a) IN GENERAL- Section 1159 of title 18, United States Code, is amended
to read as follows:
`Sec. 1159. Misrepresentation of Indian produced goods and products
`(a) It is unlawful to offer or display for sale or sell any good, with
or without a Government trademark, in a manner that falsely suggests it is
Indian produced, an Indian product, or the product of a particular Indian
or Indian tribe or tribal organization, resident within the United States.
`(b) Whoever knowingly violates subsection (a) shall--
`(1) in the case of a first violation, if an individual, be fined not
more than $250,000 or imprisoned not more than five years, or both, and,
if a person other than an individual, be fined not more than $1,000,000; and
`(2) in the case of subsequent violations, if an individual, be fined not
more than $1,000,000 or imprisoned not more than fifteen years, or both,
and, if a person other than an individual, be fined not more than $5,000,000.
`(c) As used in this section--
`(1) the term `Indian' means any individual who is a member of an Indian
tribe, or for the purposes of this section is certified as an Indian
artisan by an Indian tribe;
`(2) the terms `Indian product' and `product of a particular Indian tribe
or tribal organization' has the meaning given such term in regulations
which may be promulgated by the Secretary of the Interior;
`(3) the term `Indian tribe' means--
`(A) any Indian tribe, band, nation, Alaska Native village, or other
organized group or community which is recognized as eligible for the special
programs and services provided by the United States to Indians because of
their status as Indians; or
`(B) any Indian group that has been formally recognized as an Indian tribe
by a State legislature or by a State commission or similar organization
legisltively vested with State tribal recognition authority; and
`(4) the term `tribal organization' means any legally established arts
and crafts marketing organization composed of members of Indian tribes.
`(d) In the event that any provision of this section is held invalid, it
is the intent of Congress that the remaining provisions of this section
shall continue in full force and effect.'.
(b) CONFORMING AMENDMENT- The item relating to section 1159 in the table
of sections for chapter 53 of title 18, United States Code, is amended to
read as follows:
`1159. Misrepresentation of Indian produced goods and products.'.

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AND PRODUCTS.
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. 305 et seq.) (as amended by section 3) is further amended by
adding at the end of the following:
`SEC. 6. (a) A person specified in subsection (c) may, in a civil action
in a court of competent jurisdiction, bring an action against a person who
offers or displays for sale or sells a good, with or without a Government
trademark, in a manner that falsely suggests it is Indian produced, an
Indian product, or the product of a particular Indian or Indian tribe or
tribal organization, resident within the United States, to--
`(1) obtain injunctive or other equitable relief; and
`(2) recover the greater of--
`(A) treble damages;
`(B) in the case of each aggrieved purchaser, liquidated damages of not
less than $1,000 for each occurrence of any such offer, display, or sale; or
`(C) in the case of each aggrieved individual Indian, Indian tribe or tribal
organization, or competing producer, supplier, or retailer, not less than
$1,000 for each day on which the offer or display for sale or sale continues.
`(b) In addition to the relief specified in subsection (a), the court may
award punitive damages and the costs of suit and a reasonable attorney's fee.
`(c)(1) A civil action under subsection (a) may be commenced--
`(A) by the Attorney General of the United States upon request of the
Secretary of the Interior on behalf of an Indian who is a member of an
Indian tribe or on behalf of an Indian tribe or tribal organization;
`(B) by an Indian tribe on behalf of itself, an Indian who is a member of
the tribe, or on behalf of a tribal organization; and
`(C) by any person aggrieved by any such offer, display, or sale.
`(2) Any amount recovered pursuant to this section shall be paid to the
individual Indian, Indian tribe or tribal organization, or person concerned,
except that--
`(A) in the case of paragraph (1)(A), the Attorney General may deduct
from the amount recovered the amount for the costs of suit and reasonable
attorney's fees awarded pursuant to subsection (b) and deposit the amount of
such costs and fees as a reimbursement credited to appropriations currently
available to the Attorney General at the time of receipt of the amount
recovered; and
`(B) in the case of paragraph (1)(B), the amount recovered for the costs
of suit and reasonable attorney's fees pursuant to subsection (b) may be
deducted from the total amount awarded under subsection (a)(2).
`(d) As used in this section--
`(1) the term `Indian' means any individual who is a member of an Indian
tribe; or for the purposes of this section is certified as an Indian
artisan by an Indian tribe;
`(2) the terms `Indian product' and `product of a particular Indian tribe
or tribal organization' has the meaning given such term in regulations
which may be promulgated by the Secretary of the Interior;
`(3) the term `Indian tribe' means--
`(A) any Indian tribe, band, nation, Alaska Native village, or other
organized group or community which is recognized as eligible for the special
programs and services provided by the United States to Indians because of
their status as Indians; or
`(B) any Indian group that has been formally recognized as an Indian tribe
by a State legislature or by a State commission or similar organization
legislatively vested with State tribal recognition authority; and
`(4) the term `tribal organization' means any legally established arts
and crafts marketing organization composed of members of Indian tribes.
`(e) In the event that any provision of this section is held invalid, it
is the intent of Congress that the remaining provisions of this section
shall continue in full force and effect.'.

88114978e27c99aa0195b8fd2a637f17df94e109729b91f39cf12a1ca7d8bd20

Section 1158 of title 18, United States Code, is amended by striking `be
fined not more than $500 or imprisoned not more than six months, or both;
and' and inserting `(1) in the case of a first violation, if an individual,
be fined not more than $250,000 or imprisoned not more than five years,
or both, and, if a person other than an individual, be fined not more than
$1,000,000; and (2) in the case of subsequent violations, if an individual,
be fined not more than $1,000,000 or imprisoned not more than fifteen years,
or both, and, if a person other than an individual, be fined not more than
$5,000,000; and (3)'.

d6ce30a47de8fa489d41f10f7f372fd0cf305f5dadae35eb95c24625c392b2e9

For the purposes of section 1159 of title 18, United States Code, and 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. 305 et seq.) an Indian tribe may not impose a fee in certifying an
individual as an Indian artisan. For the purposes of this section, the term
`Indian tribe' has the same meaning given such term in section 1159(c)(3)
of title 18, United States Code.
Passed the House of Representatives September 27, 1990.
Attest:
DONNALD K. ANDERSON,
Clerk.

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Indian Arts and Crafts Act of 1989 — HR. 2006

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