[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1176 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1176

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 20, 1997

Mrs. Lowey (for herself, Mr. Shays, Mr. Hyde, Mrs. Maloney of New York, 
Ms. Pelosi, Mr. Meehan, Mr. Traficant, Mr. Clay, Mr. Torres, Mr. Moran 
   of Virginia, Mr. Goss, Mr. Filner, Mr. Manton, Mr. Martinez, Ms. 
Woolsey, Mr. Porter, Ms. Slaughter, Mr. Deutsch, Mr. Yates, Ms. Roybal-
    Allard, Mr. Gejdenson, Mr. Markey, Mr. Farr of California, Mr. 
   Abercrombie, Mr. Andrews, Mr. Foglietta, Ms. Norton, Mrs. Mink of 
   Hawaii, Mrs. Kennelly of Connecticut, Mr. Lewis of Georgia, Mrs. 
 Morella, Mr. Gallegly, Mr. Matsui, Mr. Gilman, Mr. Berman, Mr. Olver, 
   Mr. Levin, Mr. DeFazio, Mr. Skaggs, Mr. Schiff, Mr. Smith of New 
   Jersey, and Mr. Lantos) introduced the following bill; which was 
     referred to the Committee on Commerce, and in addition to the 
    Committees on Ways and Means, International Relations, and the 
 Judiciary, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 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 import or export of, and the shipment 
in interstate 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, whether raw or tanned 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'', and ``tanned or dressed'' have the same respective 
        meanings as those terms have under headnote 1 of chapter 43 of 
        the Harmonized Tariff Schedule of the United States.
            (2) The term ``interstate 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 entry into the customs territory 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) Prohibition.--No article of fur shall be imported, exported, or 
shipped in interstate commerce if any part or portion of such article 
is derived from an animal that was trapped in a steel jaw leghold trap.
    (b) Offenses.--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 import, export, deliver, carry, transport, or ship 
        by any means whatever, in interstate 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) Penalties.--Any person who knowingly commits an act which 
violates subsection (a) or (b), or any regulation issued under this 
section, shall, in addition to any other penalty that may be imposed--
            (1) for the first such violation, be guilty of an 
        infraction under title 18, United States Code; and
            (2) for each subsequent violation, be imprisoned for not 
        more than two years, or fined in the amount set forth in title 
        18, United States Code, or both.

SEC. 4. REWARDS.

    The Secretary shall pay, to any person who furnishes information 
which leads to a conviction of a violation of any provision of this Act 
or any regulation issued thereunder, an amount equal to one half of the 
fine paid pursuant to the conviction. 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 or her 
official duties is not eligible for payment under this section.

SEC. 5. ENFORCEMENT.

    (a) In General.--Except with respect to violations of this Act to 
which subsection (b) applies, 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 and such regulations.
    (b) Export and Import Violations.--
            (1) Import violations.--The importation of articles in 
        contravention of section 3 shall be treated as a violation of 
        the customs laws of the United States, and those provisions of 
        law relating to violations of the customs laws shall apply 
        thereto.
            (2) Export violations.--The authorities under the Export 
        Administration Act of 1979 (including penalties) shall be used 
        to enforce the provisions of this Act relating to the export of 
        articles in contravention of section 3.
    (c) Judicial Process.--The district courts of the United States 
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.
    (d) Enforcement Authorities.--Any individual having authority to 
enforce this Act (except with respect to violations to which subsection 
(b) applies), may, in exercising such authority--
            (1) detain for inspection, search, and seize any package, 
        crate, or other container, including its contents, and all 
        accompanying documents, if such individual has reasonable cause 
        to suspect that in such package, crate, or other container are 
        articles with respect to which a violation of this Act (except 
        with respect to a violations to which subsection (b) applies) 
        has occurred, is occurring, or is about to occur;
            (2) make arrests without a warrant for any violation of 
        this Act (except with respect to a violation to which 
        subsection (b) applies) committed in his or her presence or 
        view or if the individual has probable cause to believe that 
        the person to be arrested has committed or is committing such a 
        violation; 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 (except with respect to violations to 
        which subsection (b) applies).
    (e) Forfeiture.--Except with respect to exports to which the 
provisions of the Export Administration Act of 1979 apply, and imports 
to which the customs laws of the United States apply, pursuant to 
subsection (b), any article of fur or steel jaw leghold trap taken, 
possessed, sold, purchased, offered for sale or purchase, imported, 
exported, transported, delivered, received, carried, or shipped in 
violation of this Act or any regulation issued pursuant thereto, shall 
be subject to forfeiture to the United States. Those provisions of law 
relating to--
            (1) the seizure, summary and judicial forfeiture, and 
        condemnation of property for violations of the customs laws,
            (2) the disposition of such property or the proceeds from 
        the sale thereof,
            (3) the remission or mitigation of such forfeitures, and
            (4) the compromise of claims,
shall apply to seizures and forfeitures incurred, or alleged to have 
been incurred, under the provisions of this subsection, insofar as 
applicable and not inconsistent with this title; except that such 
duties as are imposed upon the customs officer or any other person with 
respect to the seizure and forfeiture of property under the customs 
laws may be performed with respect to seizures and forfeitures of 
property under this subsection by the Secretary or such officers and 
employees as may be authorized or designated for that purpose by the 
Secretary, or, upon the request of the Secretary, by any other agency 
that has authority to manage and dispose of seized property.
    (f) Injunctions.--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.
    (g) Cooperation.--The Secretary of Commerce, the Secretary of the 
Treasury, and the head of any other department or agency with 
enforcement responsibilities under this Act shall cooperate with the 
Secretary in ensuring that this Act, and regulations issued thereunder, 
are enforced in the most effective and efficient manner.

SEC. 6. REGULATIONS.

    (a) In General.--The Secretary shall prescribe such regulations as 
are necessary to carry out this Act.

SEC. 7. EFFECTIVE DATE.

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