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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2062 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2062

To amend the Lacey Act Amendments of 1981 to repeal certain provisions 
relating to criminal penalties and violations of foreign laws, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            February 2, 2012

Mr. Paul (for himself, Mr. DeMint, Mr. Lee, Mr. Risch, and Mr. Coburn) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
To amend the Lacey Act Amendments of 1981 to repeal certain provisions 
relating to criminal penalties and violations of foreign laws, and for 
                            other purposes.

    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 2012''.

SEC. 2. CRIMINAL PENALTIES.

    (a) Prohibited Acts.--Section 3(a) of the Lacey Act Amendments of 
1981 (16 U.S.C. 3372(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 (3)--
                    (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 4 of the Lacey Act Amendments of 1981 (16 
U.S.C. 3373) is amended--
            (1) in subsection (a), by striking paragraph (1) 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 3) 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 3, 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 $350.--If a 
                violation under subparagraph (A) involves fish or 
                wildlife or plants with a market value of less than 
                $350 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 
                subparagraph (A) for the violation shall not exceed the 
                lesser of--
                            ``(i) the maximum amount of the penalty 
                        provided for violation of the law or 
                        regulation; or
                            ``(ii) $10,000.
                    ``(C) Other violations.--For any violation under 
                subparagraph (A) that is not described in subparagraph 
                (B), the penalty assessed under that subparagraph shall 
                not exceed $200,000.''; and
            (2) by striking subsections (d) and (e).
    (c) Forfeiture.--Section 5 of the Lacey Act Amendments of 1981 (16 
U.S.C. 3374) is amended--
            (1) by striking subsections (a) and (b) and inserting the 
        following:
    ``(a) In General.--All fish, wildlife, or plants imported, 
exported, transported, sold, received, acquired, or purchased in 
violation of section 3 (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 penalty assessment under section 4.'';
            (2) by redesignating subsections (c) and (d) as subsections 
        (b) and (c), respectively; and
            (3) in subsection (b) (as redesignated), by striking 
        ``convicted of an offense, or assessed a civil penalty,'' and 
        inserting ``assessed a civil penalty''.
    (d) Enforcement.--
            (1) In general.--Section 6 of the Lacey Act Amendments of 
        1981 (16 U.S.C. 3375) 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 3(c)(3) of the Fish and Wildlife 
                Improvement Act of 1978 (16 U.S.C. 742l(c)(3)) is 
                amended by striking ``section 6(d) of the Lacey Act 
                Amendments of 1981 (16 U.S.C. 3375(d))'' and inserting 
                ``section 6(c) of the Lacey Act Amendments of 1981 (16 
                U.S.C. 3375(c))''.
                    (B) Section 503(b) of the Marine Mammal Protection 
                Act of 1972 (16 U.S.C. 1423b(b)) is amended--
                            (i) by striking the subsection designation 
                        and heading and all that follows through ``The 
                        Secretary may utilize'' in paragraph (1) and 
                        inserting the following:
    ``(b) Utilization of Other Government Resources and Authorities.--
The Secretary may utilize''; and
                            (ii) by striking paragraph (2).
                    (C) Section 11(d) of the Endangered Species Act of 
                1973 (16 U.S.C. 1540(d)) is amended in the fourth 
                sentence by striking ``section 6(d) of the Lacey Act 
                Amendments of 1981 (16 U.S.C. 3375(d))'' and inserting 
                ``section 6(c) of the Lacey Act Amendments of 1981 (16 
                U.S.C. 3375(c))''.
                    (D) Section 7(f) of the Rhinoceros and Tiger 
                Conservation Act (16 U.S.C. 5305a(f)) is amended by 
                striking ``section 6(d) of the Lacey Act Amendments of 
                1981 (16 U.S.C. 3375(d))'' and inserting ``section 6(c) 
                of the Lacey Act Amendments of 1981 (16 U.S.C. 
                3375(c))''.
                    (E) Section 524(c)(4)(A) of title 28, United States 
                Code, is amended by striking ``section 6(d) of the 
                Lacey Act Amendments of 1981 (16 U.S.C. 3375(d))'' and 
                inserting ``section 6(c) of the Lacey Act Amendments of 
                1981 (16 U.S.C. 3375(c))''.
                    (F) Section 1402(b)(1)(A)(ii) of the Victims of 
                Crime Act of 1984 (42 U.S.C. 10601(b)(1)(A)(ii)) is 
                amended by striking ``section 6(d) of the Lacey Act 
                Amendments of 1981 (16 U.S.C. 3375(d))'' and inserting 
                ``section 6(c) of the Lacey Act Amendments of 1981 (16 
                U.S.C. 3375(c))''.
    (e) Exceptions.--Section 8 of the Lacey Act Amendments of 1981 (16 
U.S.C. 3377) is amended by striking subsection (b) and inserting the 
following:
    ``(b) Activities Regulated by Tuna Convention Acts.--Paragraphs 
(1), (2)(A), and (3)(A) of subsection 3(a) shall not apply to any 
activity regulated by the Tuna Conventions Act of 1950 (16 U.S.C. 951 
et seq.) or the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et 
seq.).''.
                                 <all>
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