MISREPRESENTATION OF INDIAN PRODUCED GOODS AND PRODUCTS.

SEC. 103. MISREPRESENTATION OF INDIAN PRODUCED GOODS AND PRODUCTS. Section 1159 of title 18, United States Code, is amended— (1) by striking subsection (b) and inserting the following: “(b) Penalty.—Any person that knowingly violates subsection (a) shall— “(1) in the case of a first violation by that person— “(A) if the applicable goods are offered or displayed for sale at a total price of $1,000 or more, or if the applicable goods are sold for a total price of $1,000 or more— “(i) in the case of an individual, be fined not more than $250,000, imprisoned for not more than 5 years, or both; and “(ii) in the case of a person other than an individual, be fined not more than $1,000,000; and “(B) if the applicable goods are offered or displayed for sale at a total price of less than $1,000, or if the applicable goods are sold for a total price of less than $1,000— “(i) in the case of an individual, be fined not more than $25,000, imprisoned for not more than 1 year, or both; and “(ii) in the case of a person other than an individual, be fined not more than $100,000; and “(2) in the case of a subsequent violation by that person, regardless of the amount for which any good is offered or displayed for sale or sold— “(A) in the case of an individual, be fined under this title, imprisoned for not more than 15 years, or both; and “(B) in the case of a person other than an individual, be fined not more than $5,000,000.” ; and (2) in subsection (c), by striking paragraph (3) and inserting the following: “(3) the term ‘Indian tribe’— “(A) has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b); and “(B) includes, for purposes of this section only, an Indian group that has been formally recognized as an Indian tribe by— “(i) a State legislature; “(ii) a State commission; or “(iii) another similar organization vested with State legislative tribal recognition authority; and” .