Indian Arts and Crafts Enforcement Act of 2000

Indian Arts and Crafts Enforcement Act of 2000 - Amends the Indian Arts and Crafts Act of 1990 to provide that in a civil action brought against a person who offers or displays for sale or sells a good in a manner that falsely suggests it 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, damages shall include any and all gross profits accrued by the defendant as a result of such activities. Allows such an action to be commenced by an Indian arts and crafts organization on behalf of itself, or by an Indian on behalf of himself or herself. Authorizes the Attorney General, in the case of such a civil action commenced by the Attorney General upon the 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 Indian arts and crafts organization, to deduct from the amount recovered the amount for the costs of investigation awarded and to reimburse the Indian Arts and Crafts Board the amount of such costs incurred as a direct result of Board activities in the suit. Requires the Board to promulgate regulations to include specific examples in the definition of the term "Indian product."

[106th Congress Public Law 497]
[From the U.S. Government Publishing Office]


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[DOCID: f:publ497.106]


[[Page 114 STAT. 2219]]

Public Law 106-497
106th Congress

                                 An Act


 
To improve the cause of action for misrepresentation of Indian arts and 
              crafts. <<NOTE: Nov. 9, 2000 -  [S. 2872]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Indian Arts and Crafts 
Enforcement Act of 2000.>>  assembled,

SECTION 1. <<NOTE: 25 USC 305 note.>>  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

[[Page 114 STAT. 2220]]

            (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.''.

    Approved November 9, 2000.

LEGISLATIVE HISTORY--S. 2872:
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SENATE REPORTS: No. 106-452 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 146 (2000):
            Oct. 5, considered and passed Senate.
            Oct. 23, considered and passed House.

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