S. 2872 (es) To improve the cause of action for misrepresentation of Indian arts and crafts. [Engrossed in Senate] ...

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        S.2872

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 An Act


 
To improve the cause of action for misrepresentation of Indian arts and 
                                 crafts.

    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 Enforcement 
Act of 2000''.

SEC. 2. AMENDMENTS TO CIVIL ACTION PROVISIONS.

    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) (as added by section 105 of the 
Indian Arts and Crafts Act of 1990 (Public Law 101-644; 104 Stat. 
4664)) is amended--
        (1) in subsection (a)--
            (A) in the matter preceding paragraph (1), by inserting ``, 
        directly or indirectly,'' after ``against a person who''; and
            (B) by inserting the following flush language after 
        paragraph (2)(B):
``For purposes of paragraph (2)(A), damages shall include any and all 
gross profits accrued by the defendant as a result of the activities 
found to violate this subsection.'';
        (2) in subsection (c)--
            (A) in paragraph (1)--
                (i) in subparagraph (A), by striking ``or'' at the end;
                (ii) in subparagraph (B), by striking the period and 
            inserting ``; or''; and
                (iii) by adding at the end the following:
            ``(C) by an Indian arts and crafts organization on behalf 
        of itself, or by an Indian on behalf of himself or herself.''; 
        and
            (B) in paragraph (2)(A)--
                (i) by striking ``the amount recovered the amount'' and 
            inserting ``the amount recovered--
            ``(i) the amount''; and
                (ii) by adding at the end the following:
            ``(ii) the amount for the costs of investigation awarded 
        pursuant to subsection (b) and reimburse the Board the amount 
        of such costs incurred as a direct result of Board activities 
        in the suit; and'';
        (3) in subsection (d)(2), by inserting ``subject to subsection 
    (f),'' after ``(2)''; and
        (4) by adding at the end the following:
    ``(f) Not later than 180 days after the date of enactment of the 
Indian Arts and Crafts Enforcement Act of 2000, the Board shall 
promulgate regulations to include in the definition of the term `Indian 
product' specific examples of such product to provide guidance to 
Indian artisans as well as to purveyors and consumers of Indian arts 
and crafts, as defined under this Act.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

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