[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1187 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1187
To end the use of steel-jawed leghold traps on animals in the United
States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 22, 2001
Mrs. Lowey (for herself, Mr. Shays, Mr. Lantos, Mr. Hyde, Ms. McKinney,
Mr. Capuano, Mr. Berman, Ms. Baldwin, Mr. Doyle, Mr. Gallegly, Mr.
Pallone, Mr. Thompson of Mississippi, Mr. Frank, Mr. Olver, Ms.
Schakowsky, Mr. Levin, Mr. George Miller of California, Mrs. Kelly,
Mrs. McCarthy of New York, Mr. Abercrombie, Mrs. Meek of Florida, Mr.
Bonior, Mr. Costello, Mr. Blumenauer, Ms. Berkley, Mr. Filner, Mr.
Stark, Mr. DeFazio, Mr. Luther, Ms. McCarthy of Missouri, Mr. Moran of
Virginia, Ms. Rivers, Mr. Engel, Mr. Holt, Mr. Maloney of Connecticut,
Mr. Gutierrez, Mr. Kildee, Mr. Meehan, Mr. Smith of Washington, Mrs.
Maloney of New York, Mr. Neal of Massachusetts, Mr. Hastings of
Florida, Mr. Smith of New Jersey, Mr. Towns, Mr. Nadler, Mr. Sanders,
Mrs. Roukema, Mrs. Mink of Hawaii, Mr. Horn, Mr. Lewis of Georgia, Mr.
Tierney, Mr. Kucinich, Ms. Roybal-Allard, Mr. Bentsen, Mr. Clay, Ms.
DeLauro, Mr. Ackerman, Mr. Frelinghuysen, Mrs. Tauscher, Mr. Conyers,
Ms. Woolsey, Mr. Udall of Colorado, Mr. Davis of Illinois, Mr. Rothman,
and Ms. Slaughter) introduced the following bill; which was referred to
the Committee on Energy and 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-jawed 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-jawed
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. PROHIBITED ACTS AND PENALTIES.
(a) Prohibited Acts.--It shall be unlawful for any person--
(1) to import, export, or transport in interstate commerce
an article of fur, if any part or portion of such article is
derived from an animal that was trapped in a conventional
steel-jawed leghold trap;
(2) to import, export, deliver, carry, or transport by any
means whatever, in interstate commerce, any conventional steel-
jawed leghold trap;
(3) to sell, receive, acquire, or purchase any conventional
steel-jawed leghold trap that was delivered, carried, or
transported in violation of paragraph (2); or
(4) to violate any rule made by the Secretary under this
Act.
(b) Penalties.--Whoever knowingly violates subsection (a) shall, in
addition to any other penalty that may be imposed--
(1) for the first such violation, be imprisoned for not
more than 5 days or fined under title 18, United States Code,
or both; and
(2) for each subsequent violation, be imprisoned for not
more than two years or fined under title 18, United States
Code, or both.
SEC. 3. REWARDS.
(a) General Rule.--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 rule made under this Act, an amount equal
to one-half of the fine paid pursuant to the conviction.
(b) Exception.--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. 4. ENFORCEMENT.
(a) In General.--Except with respect to violations of this Act to
which subsection (b) applies, this Act and any rules made under this
Act 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 rules.
(b) Import and Export Violations.--
(1) Import violations.--The importation of articles in
violation of section 2(a) 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 of the United
States shall apply thereto.
(2) Export violations.--The authorities under the Export
Administration Act of 1979 (50 U.S.C. App. 2401 et seq.)
(including penalties) shall be used to enforce the provisions
of this Act relating to the export of articles in violation of
section 2(a).
(c) Enforcement Authorities.--Any person 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 violation 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).
(d) Forfeiture.--
(1) General rule.--Except with respect to exports to which
the provisions of the Export Administration Act of 1979 (50
U.S.C. App. 2401 et seq.) apply, and imports to which the
customs laws of the United States apply, pursuant to subsection
(b), any article of fur or conventional steel-jawed 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 rule made
under this Act, shall be subject to forfeiture to the United
States. Those provisions of law relating to--
(A) the seizure, summary and judicial forfeiture,
and condemnation of property for violations of the
customs laws of the United States,
(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 incurred, or alleged to
have been incurred, under the provisions of this subsection,
insofar as applicable and not inconsistent with this Act.
(2) Enforcement.--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 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 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.
(e) Injunctions.--The Attorney General of the United States may
seek to enjoin any person who is alleged to be in violation of this Act
or any rule made under this Act.
(f) 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 rules made under this Act, are
enforced in the most effective and efficient manner.
SEC. 5. DEFINITIONS.
In this Act:
(1) The term ``article of fur'' means--
(A) any furskin (as such term is used under
headnote 1 of chapter 43 of the Harmonized Tariff
Schedule of the United States), including any raw
furskin classified under heading 4301 of such Schedule;
or
(B) any article, however produced, that consists in
whole or part of any such furskin.
(2) The term ``conventional steel-jawed leghold trap''
means any spring-powered pan- or sear-activated device with two
opposing steel jaws, whether the jaws are smooth, toothed,
padded, or offset, which is designed to capture an animal by
snapping closed upon the animal's limb or part thereof.
(3) The term ``customs laws of the United States'' means
any other law or regulation enforced or administered by the
United States Customs Service.
(4) 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) The term ``interstate commerce'' has the meaning given
such term in section 10 of title 18, United States Code.
(6) The term ``Secretary'' means the Secretary of the
Interior.
SEC. 6. RULEMAKING.
The Secretary may make rules 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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