I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Inhumane Trapping 

3 Prevention Act’’. 

4 SEC. 2. DECLARATION OF POLICY. 

5 It is the policy of the United States to end the need6 less maiming and suffering inflicted upon animals through 

7 the use of conventional steel-jawed leghold traps by pro8 hibiting the import or export of, and the shipment in inter9 state commerce of, such traps and of articles of fur from 

10 animals that were trapped in such traps. 

11 SEC. 3. PROHIBITED ACTS AND PENALTIES. 

12 (a) PROHIBITED ACTS.—It shall be unlawful for any 

13 person— 

14 (1) to import, export, or transport in interstate 

15 commerce an article of fur, if any part or portion of 

16 such article is derived from an animal that was 

17 trapped in a conventional steel-jawed leghold trap; 

18 (2) to import, export, deliver, carry, or trans19 port by any means whatever, in interstate commerce, 

20 any conventional steel-jawed leghold trap; 

21 (3) to sell, receive, acquire, or purchase any 

22 conventional steel-jawed leghold trap that was deliv23 ered, carried, or transported in violation of para24 graph (2); or 

25 (4) to violate any rule made by the Secretary 

26 under this Act. 
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1 (b) PENALTIES.—Whoever knowingly violates sub2 section (a) shall, in addition to any other penalty that may 

3 be imposed— 

4 (1) for the first such violation, be imprisoned 

5 for not more than 5 days or fined under title 18, 

6 United States Code, or both; and 

7 (2) for each subsequent violation, be imprisoned 

8 for not more than two years or fined under title 18, 

9 United States Code, or both. 

10 SEC. 4. REWARDS. 

11 (a) GENERAL RULE.—The Secretary shall pay, to 

12 any person who furnishes information which leads to a 

13 conviction of a violation of any provision of this Act or 

14 any rule made under this Act, an amount equal to one15 half of the fine paid pursuant to the conviction. 

16 (b) EXCEPTION.—Any officer or employee of the 

17 United States or of any State or local government who 

18 furnishes information or renders service in the perform19 ance of his or her official duties is not eligible for payment 

20 under this section. 

21 SEC. 5. ENFORCEMENT. 

22 (a) IN GENERAL.—Except with respect to violations 

23 of this Act to which subsection (b) applies, this Act and 

24 any rules made under this Act shall be enforced by the 

25 Secretary, who may utilize by agreement, with or without 
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1 reimbursement, the personnel, services, and facilities of 

2 any other Federal agency or any State agency for pur3 poses of enforcing this Act and such rules. 

4 (b) IMPORT AND EXPORT VIOLATIONS.— 

5 (1) IMPORT VIOLATIONS.—The importation of 

6 articles in violation of section 3(a) shall be treated 

7 as a violation of the customs laws of the United 

8 States, and those provisions of law relating to viola9 tions of the customs laws of the United States shall 

10 apply thereto. 

11 (2) EXPORT VIOLATIONS.—The authorities 

12 under the Export Administration Act of 1979 (50 

13 U.S.C. App. 2401 et seq.) (as continued in effect 

14 under the International Emergency Economic Pow15 ers Act), including penalties, shall be used to enforce 

16 the provisions of this Act relating to the export of 

17 articles in violation of section 3(a). 

18 (c) ENFORCEMENT AUTHORITIES.—Any person hav19 ing authority to enforce this Act (except with respect to 

20 violations to which subsection (b) applies), may, in exer21 cising such authority— 

22 (1) detain for inspection, search, and seize any 

23 package, crate, or other container, including its con24 tents, and all accompanying documents, if such indi25 vidual has reasonable cause to suspect that in such 
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1 package, crate, or other container are articles with 

2 respect to which a violation of this Act (except with 

3 respect to a violation to which subsection (b) ap4 plies) has occurred, is occurring, or is about to 

5 occur; 

6 (2) make arrests without a warrant for any vio7 lation of this Act (except with respect to a violation 

8 to which subsection (b) applies) committed in his or 

9 her presence or view, or if the individual has prob10 able cause to believe that the person to be arrested 

11 has committed or is committing such a violation; 

12 and 

13 (3) execute and serve any arrest warrant, 

14 search warrant, or other warrant or criminal process 

15 issued by any judge or magistrate of any court of 

16 competent jurisdiction for enforcement of this Act 

17 (except with respect to violations to which subsection 

18 (b) applies). 

19 (d) FORFEITURE.— 

20 (1) GENERAL RULE.—Except with respect to 

21 exports to which the provisions of the Export Ad22 ministration Act of 1979 (50 U.S.C. App. 2401 et 

23 seq.) (as continued in effect under the International 

24 Emergency Economic Powers Act) apply, and im25 ports to which the customs laws of the United States 
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1 apply, pursuant to subsection (b), any article of fur 

2 or conventional steel-jawed leghold trap taken, pos3 sessed, sold, purchased, offered for sale or purchase, 

4 imported, exported, transported, delivered, received, 

5 carried, or shipped in violation of this Act or any 

6 rule made under this Act, shall be subject to for7 feiture to the United States. Those provisions of law 

8 relating to— 

9 (A) the seizure, summary and judicial for10 feiture, and condemnation of property for viola11 tions of the customs laws of the United States, 

12 (B) the disposition of such property or the 

13 proceeds from the sale thereof, 

14 (C) the remission or mitigation of such for15 feitures, and 

16 (D) the compromise of claims, 

17 shall apply to seizures and forfeitures incurred, or 

18 alleged to have been incurred, under the provisions 

19 of this subsection, insofar as applicable and not in20 consistent with this Act. 

21 (2) ENFORCEMENT.—Such duties as are im22 posed upon the customs officer or any other person 

23 with respect to the seizure and forfeiture of property 

24 under the customs laws of the United States may be 

25 performed with respect to seizures and forfeitures of 
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1 property under this subsection by the Secretary or 

2 such officers and employees as may be authorized or 

3 designated for that purpose by the Secretary, or, 

4 upon the request of the Secretary, by any other 

5 agency that has authority to manage and dispose of 

6 seized property. 

7 (e) INJUNCTIONS.—The Attorney General of the 

8 United States may seek to enjoin any person who is al9 leged to be in violation of this Act or any rule made under 

10 this Act. 

11 (f) COOPERATION.—The Secretary of Commerce, the 

12 Secretary of the Treasury, and the head of any other de13 partment or agency with enforcement responsibilities 

14 under this Act shall cooperate with the Secretary in ensur15 ing that this Act, and rules made under this Act, are en16 forced in the most effective and efficient manner. 

17 SEC. 6. DEFINITIONS. 

18 In this Act: 

19 (1) The term ‘‘article of fur’’ means— 

20 (A) any furskin (as such term is used 

21 under Note 1 of chapter 43 of the Harmonized 

22 Tariff Schedule of the United States), including 

23 any raw furskin classified under heading 4301 

24 of such Schedule; or 
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1 (B) any article, however produced, that 

2 consists in whole or part of any such furskin. 

3 (2) The term ‘‘conventional steel-jawed leghold 

4 trap’’ means any spring-powered pan or sear-acti5 vated device with two opposing steel jaws, whether 

6 the jaws are smooth, toothed, padded, or offset, 

7 which is designed to capture an animal by snapping 

8 closed upon the animal’s limb or part thereof. 

9 (3) The term ‘‘customs laws of the United 

10 States’’ means any other law or regulation enforced 

11 or administered by the United States Customs Serv12 ice. 

13 (4) The term ‘‘import’’ means to land on, bring 

14 into, or introduce into, any place subject to the ju15 risdiction of the United States, whether or not such 

16 landing, bringing, or introduction constitutes an 

17 entry into the customs territory of the United 

18 States. 

19 (5) The term ‘‘interstate commerce’’ has the 

20 meaning given such term in section 10 of title 18, 

21 United States Code. 

22 (6) The term ‘‘Secretary’’ means the Secretary 

23 of the Interior. 

24 SEC. 7. RULEMAKING. 

25 The Secretary may make rules to carry out this Act. 
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1 SEC. 8. EFFECTIVE DATE. 

2 This Act shall take effect one year after the date of 

3 its enactment. 

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