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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8828 Introduced in House (IH)]

<DOC>

116th CONGRESS
  2d Session
                                H. R. 8828

 To restrict the use of steel-jaw leghold traps and Conibear traps on 
                     animals in the United States.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            December 2, 2020

 Ms. Adams (for herself and Mrs. Lowey) introduced the following bill; 
  which was referred to the Committee on Energy and Commerce, and in 
addition to the Committees on Ways and Means, and Foreign Affairs, 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 restrict the use of steel-jaw leghold traps and Conibear 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 ``Public Safety and Wildlife 
Protection Act''.

SEC. 2. DECLARATION OF POLICY.

    It is the policy of the United States to reduce risks to public 
safety, as well as unnecessary harm to companion animals and wildlife, 
from indiscriminate and injurious trapping methods by prohibiting the 
import or export of, and the shipment in interstate commerce of, steel-
jaw leghold traps and Conibear traps.

SEC. 3. PROHIBITED ACTS AND PENALTIES.

    (a) Prohibited Acts.--It shall be unlawful for any person--
            (1) to import, export, deliver, carry, or transport by any 
        means whatever, in interstate commerce, any steel-jaw leghold 
        trap or Conibear trap; or
            (2) to sell, receive, acquire, or purchase any steel-jaw 
        leghold trap or Conibear trap that was delivered, carried, or 
        transported in violation of paragraph (1).
    (b) Penalties.--Whoever knowingly violates subsection (a) shall, in 
addition to any other penalty that may be imposed, be subject to the 
following:
            (1) For the first such violation, a civil fine of not more 
        than $500 imposed by the Secretary for each steel-jaw leghold 
        trap or Conibear trap possessed.
            (2) For each subsequent violation, a civil fine of not more 
        than $1,000 imposed by the Secretary for each steel-jaw leghold 
        trap or Conibear trap possessed, or imprisonment for not more 
        than 2 years, or both.
    (c) Payment of Court Costs and Other Associated Expenses.--A person 
found to be in violation of subsection (a) shall pay all court costs 
associated therewith.

SEC. 4. REWARDS.

    (a) General Rule.--The Secretary shall pay, to any person who 
furnishes information that 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 use 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) 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 steel-jaw leghold trap or Conibear 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.
    (d) 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.
    (e) 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) Steel-jaw leghold trap.--The term ``steel-jaw leghold 
        trap''--
                    (A) means any spring-powered pan or sear-activated 
                device with one or two opposing steel jaws, whether the 
                jaws are smooth, toothed, padded, enclosed (dog-proof), 
                or offset, that is designed to capture an animal by 
                snapping closed upon the animal's limb, foot, or part 
                thereof; and
                    (B) does not include any cage or box trap; 
                suitcase-type live beaver trap; or mouse or rat snap 
                trap.
            (2) Conibear trap.--The term ``Conibear trap''--
                    (A) means any trap consisting of two metal frames 
                hinged at the center point and powered by two torsion 
                springs to create a scissor-like action designed to 
                kill an animal by snapping an animal's spinal column; 
                and
                    (B) does not include any cage or box trap; 
                suitcase-type live beaver trap; mouse or rat snap trap.
            (3) Customs laws of the united states.--The term ``customs 
        laws of the United States'' means any other law or regulation 
        enforced or administered by the United States Customs Service.
            (4) Import.--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) Interstate commerce.--The term ``interstate commerce'' 
        has the meaning given such term in section 10 of title 18, 
        United States Code.
            (6) Secretary.--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 1 year after the date of the enactment 
of this Act.
                                 <all>
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