[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3442 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3442

To end the use of conventional steel-jawed leghold traps on animals in 
                           the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2005

Mrs. Lowey (for herself, Mr. Shays, Mr. Van Hollen, Mr. Farr, Mr. Moran 
of Virginia, Mr. Nadler, Mr. Frank of Massachusetts, Mr. McDermott, Mr. 
   Engel, Mr. George Miller of California, Mr. Owens, Mr. Sabo, Mr. 
Crowley, Mr. Udall of Colorado, Mr. Gallegly, Ms. Bordallo, Mr. Kildee, 
  Mr. Sherman, Mr. Holt, Mr. Blumenauer, Ms. DeLauro, Mr. Lantos, Mr. 
Kucinich, Mr. Larson of Connecticut, Mr. Honda, Mr. McNulty, Mr. Evans, 
Ms. Norton, Mr. Costello, Mrs. Maloney, Mrs. Tauscher, Ms. Schakowsky, 
   Mr. Gutierrez, Mr. Ackerman, Ms. Slaughter, Mr. DeFazio, and Mr. 
   Rothman) 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 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 conventional 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. SHORT TITLE.

    This Act may be cited as the ``Inhumane Trapping Prevention Act''.

SEC. 2. 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 conventional 
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. 3. 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. 4. 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. 5. 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 3(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.) (as 
        continued in effect under the International Emergency Economic 
        Powers Act), including penalties, shall be used to enforce the 
        provisions of this Act relating to the export of articles in 
        violation of section 3(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.) (as continued in effect under the 
        International Emergency Economic Powers Act) 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. 6. DEFINITIONS.

    In this Act:
            (1) The term ``article of fur'' means--
                    (A) any furskin (as such term is used under Note 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. 7. RULEMAKING.

    The Secretary may make rules to carry out this Act.

SEC. 8. EFFECTIVE DATE.

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