[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1557 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1557

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 13, 1997

Mr. Torricelli (for himself, Mr. Akaka, Mr. Kerry, and Mrs. Feinstein) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 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) Article of fur.--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) Customs laws of the united states.--The term ``customs 
        laws of the United States'' means any law enforced or 
        administered by the Customs Service.
            (3) Interstate commerce.--The term ``interstate commerce'' 
        has the same meaning as given such term in section 10 of title 
        18, United States Code.
            (4) Import.--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.
            (5) Person.--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.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) Steel jaw leghold trap.--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) Offenses.--It is unlawful for any person knowingly--
            (1) to import, export, ship, or receive in interstate 
        commerce an article of fur if any part of the article of fur is 
        derived from an animal that was trapped in a steel jaw leghold 
        trap;
            (2) to import, export, deliver, carry, transport, or ship 
        by any means whatever, in interstate commerce, any steel jaw 
        leghold trap; or
            (3) to sell, receive, acquire, or purchase any steel jaw 
        leghold trap that was delivered, carried, transported, or 
        shipped in contravention of paragraph (2).
    (b) Penalties.--A person who violates subsection (a), in addition 
to any other penalty that may be imposed--
            (1) for the first such violation, shall be guilty of an 
        infraction punishable under title 18, United States Code; and
            (2) for each subsequent violation, shall be imprisoned not 
        more than 2 years, fined under 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 use by agreement, with or without reimbursement, the personnel, 
services, and facilities of any other Federal agency or of any State 
agency for purposes of enforcing this Act.
    (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 the provisions of 
        law relating to violations of the customs laws shall apply 
        thereto.
            (2) Export violations.--The provisions of the Export 
        Administration Act of 1979 (including the penalty provisions) 
        (50 U.S.C. App. 2401 et seq.) shall apply for purposes of 
        enforcing the prohibition relating to the export of articles 
        described in 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 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 violations 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.--
            (1) In general.--Except as provided in paragraph (3), any 
        article of fur or steel jaw leghold trap taken, possessed, 
        sold, purchased, offered for sale or purchase, transported, 
        delivered, received, carried, or shipped in violation of this 
        Act shall be subject to forfeiture to the United States.
            (2) Applicable law.--The provisions of law relating to--
                    (A) the seizure, summary and judicial forfeiture, 
                and condemnation of property for violations of the 
                customs laws,
                    (B) the disposition of such property or the 
                proceeds from the sale thereof,
                    (C) the remission or mitigation of such 
                forfeitures, and
                    (D) the compromise of claims,
        shall apply to seizures and forfeitures under this subsection, 
        except that the duties performed by a customs officer or any 
        other person with respect to the seizure and forfeiture of 
        property under the customs laws of the United States may be 
        performed with respect to seizures and forfeitures of property 
        under this subsection by the Secretary or such officers and 
        employees as the Secretary may designate.
            (3) Exception.--The provisions of the Export Administration 
        Act of 1979 shall apply with respect to the seizure and 
        forfeiture of any article of fur or steel jaw leghold trap 
        exported in violation of this Act and the customs laws of the 
        United States shall apply with respect to the seizure and 
        forfeiture of any such article or trap imported in violation of 
        this Act.
    (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.
    (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 is enforced in the most effective 
and efficient manner.

SEC. 6. REGULATIONS.

    The Secretary shall prescribe such regulations as are necessary to 
carry out this Act.

SEC. 7. EFFECTIVE DATE.

    This Act shall take effect on the date that is 1 year after the 
date of enactment.
                                 <all>