H. R IN THE HOUSE OF REPRESENTATIVES

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1 I 112TH CONGRESS 2D SESSION H. R. 11 To amend the Lacey Act Amendments of 11 to repeal certain provisions relating to criminal penalties and violations of foreign laws, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH, 12 Mr. BROUN of Georgia (for himself, Mr. WALBERG, Mrs. BACHMANN, Mr. KINGSTON, Mr. GINGREY of Georgia, Mr. HARRIS, and Mr. PETERSON) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Lacey Act Amendments of 11 to repeal certain provisions relating to criminal penalties and violations of foreign laws, and for other purposes. 1 2 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 Freedom from Over- Criminalization and Unjust Seizures Act of 12. srobinson on DSKSPTVN1PROD with BILLS VerDate Mar 1 :1 Mar 0, 12 Jkt 010 PO Frm Fmt 2 Sfmt 1 E:\BILLS\H11.IH H11

2 srobinson on DSKSPTVN1PROD with BILLS HR 11 IH VerDate Mar 1 :1 Mar 0, 12 Jkt 010 PO Frm Fmt 2 Sfmt 1 E:\BILLS\H11.IH H11 2 SEC. 2. CRIMINAL PENALTIES. (a) PROHIBITED ACTS. Section (a) of the Lacey Act Amendments of 11 (1 U.S.C. 2(a)) is amended (1) in paragraph (2) (A) in subparagraph (A), by striking or in violation of any foreign law ; and (B) in subparagraph (B) (i) in clause (i), by striking, or any foreign law, ; (ii) in clause (ii), by striking or any foreign law ; and (iii) in clause (iii), by striking, or under any foreign law, ; and (2) in paragraph () (A) in subparagraph (A), by striking foreign law or ; and (B) in subparagraph (B) (i) in clause (i), by striking, or any foreign law, ; (ii) in clause (ii), by striking or any foreign law ; and (iii) in clause (iii), by striking, or under any foreign law,. (b) PENALTIES. Section of the Lacey Act Amendments of 11 (1 U.S.C. ) is amended

3 srobinson on DSKSPTVN1PROD with BILLS 1 (1) in subsection (a), by striking paragraph (1) 2 and inserting the following: (1) ASSESSMENT. (A) IN GENERAL. Any person who engages in conduct prohibited by any provision of this Act (other than subsections (b), (d), and (f) of section ) and in the exercise of due care should know that the fish, wildlife, or plants were taken, possessed, transported, or sold in violation of, or in a manner unlawful under, any underlying law, treaty, or regulation, and any person who knowingly violates subsection (d) or (f) of section, may be assessed a civil penalty by the Secretary for each violation in accordance with subparagraph (B) or (C), as applicable. (B) MARKET VALUE OF LESS THAN $0. If a violation under subparagraph (A) involves fish or wildlife or plants with a market value of less than $0 and involves only the transportation, acquisition, or receipt of fish, wildlife, or plants taken or possessed in violation of any law, treaty, or regulation of the United States, tribal law, or any law or regulation of a State, the penalty assessed under sub- HR 11 IH VerDate Mar 1 :1 Mar 0, 12 Jkt 010 PO Frm 0000 Fmt 2 Sfmt 1 E:\BILLS\H11.IH H11

4 srobinson on DSKSPTVN1PROD with BILLS 1 paragraph (A) for the violation shall not exceed 2 the lesser of (i) the maximum amount of the pen- alty provided for violation of the law or regulation; or (ii) $,000. (C) OTHER VIOLATIONS. For any viola- tion under subparagraph (A) that is not de- scribed in subparagraph (B), the penalty as- sessed under that subparagraph shall not ex- 11 ceed $0,000. ; and 12 (2) by striking subsections (d) and (e). 1 (c) FORFEITURE. Section of the Lacey Act 1 Amendments of 11 (1 U.S.C. ) is amended 1 (1) by striking subsections (a) and (b) and in- 1 serting the following: 1 (a) IN GENERAL. All fish, wildlife, or plants im- 1 ported, exported, transported, sold, received, acquired, or 1 purchased in violation of section (other than subsection (b) of that section), or any regulation issued under that section, shall be subject to forfeiture to the United States notwithstanding any culpability requirements for civil pen- 2 alty assessment under section. ; 2 (2) by redesignating subsections (c) and (d) as 2 subsections (b) and (c), respectively; and HR 11 IH VerDate Mar 1 :1 Mar 0, 12 Jkt 010 PO Frm 0000 Fmt 2 Sfmt 1 E:\BILLS\H11.IH H11

5 srobinson on DSKSPTVN1PROD with BILLS 1 () in subsection (b) (as redesignated), by strik- 2 ing convicted of an offense, or assessed a civil pen- alty, and inserting assessed a civil penalty (d) ENFORCEMENT. (1) IN GENERAL. Section of the Lacey Act Amendments of 11 (1 U.S.C. ) is amended (A) by striking subsection (b); (B) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; (C) in subsection (b) (as redesignated), by striking the third sentence; and (D) in the first sentence of subsection (c) (as redesignated) (i) by striking an arrest, a criminal conviction, civil penalty assessment, or forfeiture of property and inserting a civil penalty assessment or forfeiture of property ; and (ii) by striking or criminal. (2) CONFORMING AMENDMENTS. (A) Section (c)() of the Fish and Wildlife Improvement Act of 1 (1 U.S.C. 2l(c)()) is amended by striking section (d) of the Lacey Act Amendments of 11 (1 HR 11 IH VerDate Mar 1 :1 Mar 0, 12 Jkt 010 PO Frm 0000 Fmt 2 Sfmt 1 E:\BILLS\H11.IH H11

6 srobinson on DSKSPTVN1PROD with BILLS 1 U.S.C. (d)) and inserting section (c) of 2 the Lacey Act Amendments of 11 (1 U.S.C. (c)). (B) Section 0(b) of the Marine Mammal Protection Act of 12 (1 U.S.C. 12b(b)) is amended (i) by striking the subsection designa- tion and heading and all that follows through The Secretary may utilize in paragraph (1) and inserting the following: 11 (b) UTILIZATION OF OTHER GOVERNMENT RE- 12 SOURCES AND AUTHORITIES. The Secretary may uti- 1 lize ; and 1 (ii) by striking paragraph (2). 1 (C) Section 11(d) of the Endangered Spe- 1 cies Act of 1 (1 U.S.C. (d)) is amend- 1 ed in the fourth sentence by striking section 1 (d) of the Lacey Act Amendments of 11 (1 1 U.S.C. (d)) and inserting section (c) of the Lacey Act Amendments of 11 (1 U.S.C. (c)). (D) Section (f) of the Rhinoceros and 2 Tiger Conservation Act (1 U.S.C. 0a(f)) is 2 amended by striking section (d) of the Lacey 2 Act Amendments of 11 (1 U.S.C. (d)) HR 11 IH VerDate Mar 1 :1 Mar 0, 12 Jkt 010 PO Frm 0000 Fmt 2 Sfmt 1 E:\BILLS\H11.IH H11

7 srobinson on DSKSPTVN1PROD with BILLS 1 and inserting section (c) of the Lacey Act 2 Amendments of 11 (1 U.S.C. (c)). (E) Section 2(c)()(A) of title 2, United States Code, is amended by striking section (d) of the Lacey Act Amendments of 11 (1 U.S.C. (d)) and inserting sec- tion (c) of the Lacey Act Amendments of 11 (1 U.S.C. (c)). (F) Section 2(b)(1)(A)(ii) of the Vic- tims of Crime Act of 1 (2 U.S.C (b)(1)(A)(ii)) is amended by striking 12 section (d) of the Lacey Act Amendments of 1 11 (1 U.S.C. (d)) and inserting sec- 1 tion (c) of the Lacey Act Amendments of 11 1 (1 U.S.C. (c)). 1 (e) EXCEPTIONS. Section of the Lacey Act 1 Amendments of 11 (1 U.S.C. ) is amended by 1 striking subsection (b) and inserting the following: (b) ACTIVITIES REGULATED BY TUNA CONVENTION ACTS. Paragraphs (1), (2)(A), and ()(A) of section (a) shall not apply to any activity regulated by the Tuna Conventions Act of (1 U.S.C. 1 et seq.) or the Atlantic Tunas Convention Act of 1 (1 U.S.C. 1 et seq.).. Æ HR 11 IH VerDate Mar 1 :1 Mar 0, 12 Jkt 010 PO Frm 0000 Fmt 2 Sfmt 01 E:\BILLS\H11.IH H11