[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1404 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1404

  To end the use of steel jaw leghold traps on animals in the United 
                                States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 5, 1995

Mrs. Lowey (for herself, Mr. Shays, Mr. Ackerman, Mr. Hyde, Mr. Nadler, 
 Mrs. Maloney, Mr. Roemer, Ms. Pelosi, Mr. Torricelli, Mr. Meehan, Mr. 
   McCollum, Mr. Traficant, Mr. Lipinski, Mr. Clay, Mr. Jacobs, Mrs. 
  Schroeder, Mr. Beilenson, Mr. Torres, Mr. Miller of California, Mr. 
Lantos, Mr. Moran, Mr. Vento, Mr. McDermott, Mr. Goss, Mr. Filner, Mr. 
Manton, Mr. Brown of California, Mr. Dellums, Mr. Martinez, Mr. Stark, 
 Mr. Frank of Massachusetts, Mr. Johnston of Florida, Ms. Woolsey, Mr. 
 Waxman, Mr. Porter, Ms.  Slaughter, Ms. Eshoo, Mr. Mineta, Mr. Owens, 
Mr. Deutsch, Mr. Yates, Ms. Roybal-Allard, Mr. Gejdenson, Mr. Smith of 
 New Jersey, Mr. Markey, Mr. Farr, Mr. Gutierrez, Mr. Abercrombie, Mr. 
Schumer, Mr. Andrews, Mr. Payne of Virginia, Mr. Studds, Mr. Foglietta, 
    Ms. Norton, Mrs. Mink of Hawaii, Mrs. Kennelly, and Mr. Bonior) 
 introduced the following bill; which was referred to the Committee on 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
  To end the use of steel jaw leghold traps on animals in the United 
                                States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DECLARATION OF POLICY.

    It is the policy of the United States to end the needless maiming 
and suffering inflicted upon animals through the use of steel jaw 
leghold traps by prohibiting the shipment in interstate or foreign 
commerce of such traps and of articles of fur from animals that were 
trapped in such traps.

SEC. 2. DEFINITIONS.

    As used in this Act--
            (1) The term ``article of fur'' means--
                    (A) any furskin bearing hair, raw or not dressed, 
                or dressed; or
                    (B) any article, however produced, that consists in 
                whole or part of any furskin.
        For purposes of subparagraph (A), the terms ``furskin'', ``raw 
        or not dressed'', and ``dressed'' have the same respective 
        meanings that are given them in headnote 2 of subpart B of part 
        5 of schedule 1 of the Tariff Schedules of the United States 
        (19 U.S.C. 1202).
            (2) The term ``interstate or foreign commerce'' shall have 
        the same meaning as that given to such term in section 10 of 
        title 18, United States Code.
            (3) The term ``import'' means to land on, bring into, or 
        introduce into, any place subject to the jurisdiction of the 
        United States, whether or not such landing, bringing, or 
        introduction constitutes an importation within the meaning of 
        the customs laws of the United States.
            (4) The term ``person'' includes any individual, 
        partnership, association, corporation, trust, or any officer, 
        employee, agent, department, or instrumentality of the Federal 
        Government or of any State or political subdivision thereof, or 
        any other entity subject to the jurisdiction of the United 
        States.
            (5) The term ``Secretary'' means the Secretary of the 
        Interior.
            (6) The term ``steel jaw leghold trap'' means any spring-
        powered pan- or sear-activated device with two opposing steel 
        jaws which is designed to capture an animal by snapping closed 
        upon the animal's limb or part thereof.

SEC. 3. PROHIBITED ACTS AND PENALTIES.

    (a) No article of fur shall be imported, exported, or shipped in 
interstate or foreign commerce if any part or portion of such article 
is derived from an animal that was trapped in a steel jaw leghold trap.
    (b) It is unlawful for any person knowingly--
            (1) to import, export, ship or receive any article of fur 
        in contravention of subsection (a);
            (2) to deliver, carry, transport, or ship by any means 
        whatever, in interstate or foreign commerce, any steel jaw 
        leghold trap;
            (3) to sell, receive, acquire, or purchase any steel jaw 
        leghold trap that was delivered, carried, transported, or 
        shipped in contravention of paragraph (2); or
            (4) to violate any regulation prescribed by the Secretary 
        under this section.
    (c) Any person who knowingly commits an act which violates 
subsection (a) or (b), or any regulation issued under this section, 
shall, upon conviction for the first such violation, be fined not more 
than $1,000; and, upon conviction for the second and each subsequent 
violation, be fined not more than $5,000 and imprisoned for not more 
than two years.

SEC. 4. REWARDS.

    The Secretary shall pay an amount equal to half of the fine paid to 
any person who furnishes information which leads to a conviction of a 
criminal violation of any provision of this Act or any regulation 
issued thereunder. Any officer or employee of the United States or of 
any State or local government who furnishes information or renders 
service in the performance of his official duties is not eligible for 
payment under this section.

SEC. 5. ENFORCEMENT.

    (a) The provisions of this Act and any regulations issued pursuant 
thereto shall be enforced by the Secretary, who may utilize by 
agreement, with or without reimbursement, the personnel, services, and 
facilities of any other Federal agency or any State agency for purposes 
of enforcing this Act.
    (b) The judges of the district courts of the United States and the 
United States magistrates may, within their respective jurisdictions, 
upon proper oath or affirmation showing probable cause, issue such 
warrants or other process as may be required for enforcement of this 
Act and any regulation issued thereunder.
    (c) To the maximum extent now or hereafter permitted by Federal 
law, any individual having authority to enforce this Act may--
            (1) detain for inspection, search, and seize any package, 
        crate, or other container, including its contents, and all 
        accompanying documents;
            (2) make arrests without a warrant for any violation of 
        this Act; and
            (3) execute and serve any arrest warrant, search warrant, 
        or other warrant or criminal process issued by any judge or 
        magistrate of any court of competent jurisdiction for 
        enforcement of this Act.
Any item seized under this Act shall be held by any person authorized 
by the Secretary, pending the disposition of criminal proceedings or 
the institution of an action in rem for forfeiture of the item under 
paragraph (4); the Secretary may, in lieu of holding the item, permit 
the owner or consignee to post a bond or other surety satisfactory to 
the Secretary. Upon forfeiture of any such item to the United States, 
or the abandonment or waiver of any claim to any such item, it shall be 
disposed of (other than by sale to the general public) by the Secretary 
in such manner, consistent with the purposes of this Act, as the 
Secretary shall prescribe by regulation.
    (d) Any article of fur or steel jaw leghold trap taken, possessed, 
sold, purchased, offered for sale or purchase, transported, delivered, 
received, carried, shipped, exported, or imported contrary to the 
provisions of this Act or to any regulation made pursuant thereto, 
shall be subject to forfeiture to the United States.
    (e) The Attorney General of the United States may seek to enjoin 
any person who is alleged to be in violation of any provision of this 
Act or regulation issued under authority thereof.

SEC. 6. REGULATIONS.

    The Secretary shall prescribe such regulations as are necessary to 
enforce the provisions of this Act.

SEC. 7. EFFECTIVE DATE.

    This Act shall take effect one year after the date of its 
enactment.
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