Home > 106th Congressional Bills > S. 2844 (pcs) To amend the Foreign Assistance Act of 1961 to authorize the provision of assistance to increase the availability of credit to microenterprises lacking full access to credit, to establish a Microfinance Loan Facility, and for other purposes....

S. 2844 (pcs) To amend the Foreign Assistance Act of 1961 to authorize the provision of assistance to increase the availability of credit to microenterprises lacking full access to credit, to establish a Microfinance Loan Facility, and for other purposes....


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108th CONGRESS
  2d Session
                                S. 2843

To make technical corrections to laws relating to Native Americans, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 23, 2004

 Mr. Campbell introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
To make technical corrections to laws relating to Native Americans, 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 ``Native American Technical 
Corrections Act of 2004''.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of the 
Interior.

SEC. 3. INDIAN ARTS AND CRAFTS ACT AMENDMENTS.

    (a) Powers of the Indian Arts and Crafts Board.--Section 2 of the 
Act of August 27, 1935 (25 U.S.C. 305a), is amended by inserting before 
the period at the end the following: ``; (j) to investigate violations 
of this Act; (k) to enforce this Act through the imposition of 
penalties for violations under section 6; (l) to request the Secretary 
of the Interior, with advice of the Solicitor, to enforce this Act 
through injunctive relief; (m) notwithstanding any other provision of 
law, to enter into reimbursable support agreements with Federal, State, 
tribal, regional, and local investigative or law enforcement entities 
in furtherance of the purposes and provisions of this Act''.
    (b) Appropriations.--Section 4 of the Act of August 27, 1935 (25 
U.S.C. 305c), is amended to read as follows:

``SEC. 4. APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated such 
sums as are necessary to pay the expenses of the Board and carry out 
this Act.
    ``(b) Fund.--All income received by the Board from any source shall 
be deposited in a special fund, which shall be available to be expended 
by the Board, without further appropriation, to carry out this Act.
    ``(c) Use of Amounts.--Amounts received by the Board resulting from 
any civil action or enforcement action brought under this Act may be 
used by the Board consistent with this Act, as necessary for the 
accomplishment for the purposes of this Act.''.
    (c) Referral for Criminal and Civil Violations; Complaints; 
Recommendations.--Section 5 of the Act of August 27, 1935 (25 U.S.C. 
305d), is amended to read as follows:

``SEC. 5. REFERRAL FOR CRIMINAL AND CIVIL PROCEEDINGS.

    ``(a) Criminal Proceedings.--
            ``(1) Investigation.--The Board shall investigate 
        violations of section 1159 of title 18, United States Code.
            ``(2) Action by the board.--After an investigation is 
        complete, or at any time during an investigation, the Board 
        may--
                    ``(A) refer the matter to the Attorney General for 
                additional investigation; and
                    ``(B) recommend to the Attorney General that 
                criminal proceedings be brought under section 1159 of 
                title 18, United States Code.
    ``(b) Civil Proceedings.--
            ``(1) Investigations.--The Board shall investigate 
        violations of section 6.
            ``(2) Action by the board.--After an investigation is 
        complete, or at any time during an investigation, the Board 
        may--
                    ``(A) levy penalties in accordance with section 6; 
                or
                    ``(B) refer the matter to the Attorney General for 
                civil action under section 6.
    ``(c) Mandatory Investigations.--The Board shall receive and 
investigate all complaints of violations of section 1159 of title 18, 
United States Code, and section 6.''.
    (d) Cause of Action for Misrepresentation of Indian-Produced 
Goods.--Section 6 of the Act of August 27, 1935 (25 U.S.C. 305e), is 
amended to read as follows:

``SEC. 6. CAUSE OF ACTION FOR MISREPRESENTATION OF INDIAN-PRODUCED 
              GOODS.

    ``(a) Definitions.--In this section:
            ``(1) Indian.--The term `Indian' means--
                    ``(A) an individual who is a member of an Indian 
                tribe; and
                    ``(B) an individual who, for the purposes of this 
                section, is certified as an Indian artisan by an Indian 
                tribe.
            ``(2) Indian product.--Subject to subsection (g), the term 
        `Indian product' has the meaning given the term in regulations 
        that may be promulgated by the Secretary.
            ``(3) Indian tribe.--The term `Indian tribe' means--
                    ``(A) an Indian tribe, band, nation, Alaska native 
                village, or other organized group or community that is 
                recognized as eligible for the special programs and 
                services provided by the United States to Indians 
                because of their status as Indians; and
                    ``(B) an 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.
            ``(4) Product of a particular indian tribe or indian arts 
        and crafts organization.--Subject to subsection (g), the term 
        `product of a particular Indian tribe or Indian arts and crafts 
        organization' has the meaning given the term in regulations 
        that may be promulgated by the Secretary.
            ``(5) Secretary.--The term `Secretary' means the Secretary 
        of the Interior.
    ``(b) Imposition of Penalties by the Board.--
            ``(1) In general.--The Board may impose a civil penalty 
        against a person that, directly or indirectly, offers or 
        displays for sale or sells a good, with or without a Government 
        trademark, in a manner that falsely suggests that the good is 
        Indian-produced, an Indian product, or the product of a 
        particular Indian or Indian tribe or Indian arts and crafts 
        organization resident within the United States.
            ``(2) Amount.--A civil penalty under paragraph (1) shall 
        not exceed 100 percent of the price of the goods offered or 
        displayed for sale in violation of the Act, not to exceed 
        $500,000 per person, per violation.
            ``(3) Factors affecting penalty amount.--In determining the 
        amount of a civil penalty to be imposed, the Board shall 
        consider--
                    ``(A) the severity of the violation;
                    ``(B) any history of prior violations; and
                    ``(C) whether the amount of the civil penalty will 
                be likely to deter future violations.
            ``(4) Injunctive relief.--If the Board determines that 
        enforcement of this Act under this section will be insufficient 
        to avoid irreparable harm, the Board, with the concurrence of 
        the Solicitor of the Department of the Interior, may request 
        the Secretary to seek injunctive relief in accordance with 
        section 2 in a court of competent jurisdiction.
            ``(5) Notice and appeal of board determination.--
                    ``(A) Notice.--
                            ``(i) In general.--If, as a result of an 
                        investigation conducted by the Board, it is 
                        determined that a violation of this Act has 
                        occurred, the Board may, at any time during the 
                        investigation, notify the person under 
                        investigation regarding the nature of the 
                        alleged violation.
                            ``(ii) Content.--A notice under clause (i) 
                        shall include, at a minimum--
                                    ``(I) a detailed description of the 
                                violation;
                                    ``(II) possible remedies, if 
                                appropriate;
                                    ``(III) opportunity to cure, if 
                                appropriate; and
                                    ``(IV) any other information that 
                                the Board considers necessary.
                    ``(B) Appeal.--Any person determined to be in 
                violation of this Act under this subsection may appeal 
                the Board's findings and imposition of civil penalties 
                to the Office of Hearings and Appeals of the Department 
                of the Interior in accordance with part 4 of title 43, 
                Code of Federal Regulations (or any successor 
                regulation).
    ``(c) Injunctive or Equitable Relief; Damages.--
            ``(1) In general.--A person specified in subsection (e) 
        may, in a civil action in a court of competent jurisdiction, 
        bring an action against a person that, directly or indirectly, 
        offers or displays for sale or sells a good, with or without a 
        government trademark, in a manner that falsely suggests that 
        the good is Indian-produced, an Indian product, or the product 
        of a particular Indian or Indian tribe or Indian arts and 
        crafts organization resident within the United States, to--
                    ``(A) obtain injunctive or other equitable relief; 
                and
                    ``(B) recover the greater of--
                            ``(i) treble damages; or
                            ``(ii) in the case of each aggrieved 
                        individual Indian, Indian tribe, or Indian arts 
and crafts organization, not less than $1,000 for each day on which the 
offer or display for sale or sale continues.
            ``(2) Damages.--For purposes of paragraph (1)(B)(i), 
        damages include all gross profits realized by the defendant as 
        a result of the activities found in violation of this 
        subsection.
    ``(d) Punitive Damages; Attorney's Fee.--In addition to the relief 
specified in subsection (c), the court may award punitive damages, and 
costs of the civil action, and a reasonable attorney's fee.
    ``(e) Persons Who May Initiate Civil Actions.--
            ``(1) In general.--A civil action under subsection (b) may 
        be brought--
                    ``(A) by the Attorney General, on request of the 
                Secretary on behalf of--
                            ``(i) an Indian tribe;
                            ``(ii) an Indian; or
                            ``(iii) an Indian arts and crafts 
                        organization;
                    ``(B) by an Indian tribe on behalf of itself, an 
                Indian, or an Indian arts and crafts organization;
                    ``(C) by an Indian; or
                    ``(D) by an Indian arts and crafts organization.
            ``(2) Disposition of amounts recovered.--Any amount 
        recovered under this section shall be paid to the Indian tribe, 
        Indian, or Indian arts and crafts organization, except that--
                    ``(A) in the case of a civil action under paragraph 
                (1)(A), the Attorney General may deduct from the amount 
                recovered--
                            ``(i) the amount for the costs of the civil 
                        action and reasonable attorney's fee awarded 
                        pursuant to subsection (d), to be deposited in 
                        the Treasury of the United States and credited 
                        to appropriations currently available to the 
                        Attorney General at the time of receipt of the 
                        amount; and
                            ``(ii) the amount for the costs of 
                        investigation awarded pursuant to subsection 
                        (d), to be used to reimburse the Board the 
                        amount of such costs incurred as a direct 
                        result of Board activities in the civil action;
                    ``(B) in the case of a civil action under paragraph 
                (1)(B), the amount recovered for the costs of the civil 
                action and reasonable attorney's fee pursuant to 
                subsection (d) may be deducted.
    ``(f) Severability.--If 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.
    ``(g) Regulations.--Not later than 180 days after the date of 
enactment of this subsection, the Board shall promulgate regulations to 
include in the definition of the term `Indian product' specific 
examples of each such product to provide guidance to Indian artisans 
and to purveyors and consumers of Indian arts and crafts.''.

SEC. 4. INDIAN FINANCING ACT AMENDMENTS.

    (a) Sale or Assignment of Loans and Underlying Security.--Section 
205 of the Indian Financing Act of 1974 (25 U.S.C. 1485) is amended--
            (1) by striking ``Sec. 205.'' and all that follows through 
        subsection (b) and inserting the following:

``SEC. 205. SALE OR ASSIGNMENT OF LOANS AND UNDERLYING SECURITY.

    ``(a) In General.--All or any portion of a loan guaranteed or 
insured under this title, including the security given for the loan--
            ``(1) may be transferred by the lender by sale or 
        assignment to any person; and
            ``(2) may be retransferred by the transferee.
    ``(b) Transfers of Loans.--With respect to a transfer described in 
subsection (a)--
            ``(1) the transfer shall be consistent with such 
        regulations as the Secretary shall promulgate under subsection 
        (h); and
            ``(2) the transferee shall give notice of the transfer to 
        the Secretary.'';
            (2) by striking subsection (c);
            (3) by redesignating subsections (d), (e), (f), (g), (h), 
        and (i) as subsections (c), (d), (e), (f), (g), and (h), 
        respectively;
            (4) in subsection (c) (as redesignated by paragraph (3))--
                    (A) by striking ``Validity.--'' and all that 
                follows through ``subparagraph (B),'' and inserting 
                ``Validity.--Except as provided by regulations in 
                effect on the date on which a loan is made,''; and
                    (B) by striking ``incontestable'' and all that 
                follows and inserting ``incontestable.'';
            (5) in subsection (e) (as redesignated by paragraph (3))--
                    (A) by striking ``The Secretary'' and inserting the 
                following:
    ``(1) In general.--The Secretary''; and
                    (B) by adding at the end the following:
            ``(2) Compensation of fiscal transfer agent.--A fiscal 
        transfer agent designated under subsection (f) may be 
        compensated through any of the fees assessed under this section 
        and any interest earned on any funds or fees collected by the 
        fiscal transfer agent while the funds or fees are in the 

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