I 
112TH CONGRESS 
2D SESSION 
H. R. 4171 
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 HOUSE OF REPRESENTATIVES 
MARCH 8, 2012 
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 1981 to repeal 
certain provisions relating to criminal penalties and viola-
tions of foreign laws, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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SEC. 2. CRIMINAL PENALTIES. 
(a) PROHIBITED ACTS.—Section 3(a) of the Lacey 
Act Amendments of 1981 (16 U.S.C. 3372(a)) is amend-
ed— 
(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 ‘‘for-
eign 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 Amend-
ments of 1981 (16 U.S.C. 3373) is amended— 
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(1) in subsection (a), by striking paragraph (1) 
and inserting the following: 
‘‘(1) ASSESSMENT.— 
‘‘(A) IN GENERAL.—Any person who en-
gages 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 accord-
ance with subparagraph (B) or (C), as applica-
ble. 
‘‘(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 viola-
tion of any law, treaty, or regulation of the 
United States, tribal law, or any law or regula-
tion of a State, the penalty assessed under sub-
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paragraph (A) for the violation shall not exceed 
the lesser of— 
‘‘(i) the maximum amount of the pen-
alty provided for violation of the law or 
regulation; or 
‘‘(ii) $10,000. 
‘‘(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-
ceed $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 in-
serting the following: 
‘‘(a) IN GENERAL.—All fish, wildlife, or plants im-
ported, 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 pen-
alty assessment under section 4.’’; 
(2) by redesignating subsections (c) and (d) as 
subsections (b) and (c), respectively; and 
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(3) in subsection (b) (as redesignated), by strik-
ing ‘‘convicted of an offense, or assessed a civil pen-
alty,’’ 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 amend-
ed— 
(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 for-
feiture of property’’ and inserting ‘‘a civil 
penalty assessment or forfeiture of prop-
erty’’; and 
(ii) by striking ‘‘or criminal’’. 
(2) CONFORMING AMENDMENTS.— 
(A) Section 3(c)(3) of the Fish and Wild-
life 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 
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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 designa-
tion and heading and all that follows 
through ‘‘The Secretary may utilize’’ in 
paragraph (1) and inserting the following: 
‘‘(b) UTILIZATION
OF OTHER GOVERNMENT RE-
SOURCES AND AUTHORITIES.—The Secretary may uti-
lize’’; and 
(ii) by striking paragraph (2). 
(C) Section 11(d) of the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1540(d)) is amend-
ed 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))’’ 
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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 ‘‘sec-
tion 6(c) of the Lacey Act Amendments of 1981 
(16 U.S.C. 3375(c))’’. 
(F) Section 1402(b)(1)(A)(ii) of the Vic-
tims 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 ‘‘sec-
tion 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 section 3(a) 
shall not apply to any activity regulated by the Tuna Con-
ventions Act of 1950 (16 U.S.C. 951 et seq.) or the Atlan-
tic Tunas Convention Act of 1975 (16 U.S.C. 971 et 
seq.).’’. 
Æ 
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