§ 305d. Criminal proceedings; civil actions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1935

   Indian Arts and Crafts Act of 1990

   Pub. L. 101–644 title I § 103 · 104 Stat. 4662

   Enacted · 25 U.S.C. § 305d

   Aug. 27, 1935, ch. 748, § 5, as added Pub. L. 101–644, title I, § 103, Nov. 29, 1990, 104 Stat. 4662

   Source evidence

   Code source credit
   Aug. 27, 1935, ch. 748, § 5, as added Pub. L. 101–644, title I, § 103, Nov. 29, 1990, 104 Stat. 4662

   Enacted provision · exact public law section
   SEC. 103. REFERRAL FOR CRIMINAL AND CIVIL VIOLATIONS. 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.”.

2. 2010

   Pub. L. 111–211 title I § 102(a) · 124 Stat. 2258

   Amended · 25 U.S.C. § 305d

   Pub. L. 111–211 amended section generally. Prior to amendment, text read as follows:

   Source evidence

   Code amendment note
   Pub. L. 111–211 amended section generally. Prior to amendment, text read as follows:

   “(a) The Board may receive complaints of violations of section 1159 of title 18 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 305e of this title.”

   Enacted provision · exact public law section
   (a) Criminal Proceedings; Civil Actions; Misrepresentations.— Section 5 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. 305d) is amended to read as follows: “SEC. 5. CRIMINAL PROCEEDINGS; CIVIL ACTIONS. “(a) Definition of Federal Law Enforcement Officer.— In this section, the term ‘Federal law enforcement officer’ includes a Federal law enforcement officer (as defined in section 115(c) of title 18, United States Code). “(b) Authority To Conduct Investigations.— Any Federal law enforcement officer shall have the authority to conduct an investigation relating to an alleged violation of this Act occurring within the jurisdiction of the United States. “(c) Criminal Proceedings.— “(1) Investigation.— “(A) In general.— The Board may refer an alleged violation of section 1159 of title 18, United States Code, to any Federal law enforcement officer for appropriate investigation. “(B) Referral not required.— A Federal law enforcement officer may investigate an alleged violation of section 1159 of that title regardless of whether the Federal law enforcement officer receives a referral under subparagraph (A). “(2) Findings.— The findings of an investigation of an alleged violation of section 1159 of title 18, United States Code, by any Federal department or agency under paragraph (1)(A) shall be submitted, as appropriate, to— “(A) a Federal or State prosecuting authority; or “(B) the Board. “(3) Recommendations.— On receiving the findings of an investigation under paragraph (2), the Board may— “(A) recommend to the Attorney General that criminal proceedings be initiated under section 1159 of title 18, United States Code; and “(B) provide such support to the Attorney General relating to the criminal proceedings as the Attorney General determines to be appropriate. “(d) Civil Actions.— In lieu of, or in addition to, any criminal proceeding under subsection (c), the Board may recommend that the Attorney General initiate a civil action under section 6.” .

2 of 2 references resolved to an enrolled provision