| Home > 106th Congressional Bills > S. 2872 (is) To improve the cause of action for misrepresentation of Indian arts and crafts. [Introduced in Senate] ...
S. 2872 (is) To improve the cause of action for misrepresentation of Indian arts and crafts. [Introduced in Senate] ...
To improve the cause of action for misrepresentation of Indian arts and
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
``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.''.
Passed the Senate October 5 (legislative day, September
To improve the cause of action for misrepresentation of Indian arts and
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