HR 3210 IH

Union Calendar No. 439CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 3210CommentsClose CommentsPermalink

[Report No. 112-604]CommentsClose CommentsPermalink

To amend the Lacey Act Amendments of 1981 to limit the application of that Act with respect to plants and plant products that were imported before the effective date of amendments to that Act enacted in 2008, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

October 14, 2011CommentsClose CommentsPermalink

Mr. COOPER (for himself, Mrs. BONO MACK, and Mrs. BLACKBURN) introduced the following bill; which was referred to the Committee on Natural ResourcesCommentsClose CommentsPermalink

July 17, 2012CommentsClose CommentsPermalink

Additional sponsors: Mr. ROE of Tennessee, Mr. GRIMM, Mr. MARCHANT, Mr. PAUL, Mr. DESJARLAIS, Mr. ROHRABACHER, Mr. COBLE, Mrs. ELLMERS, Mr. YOUNG of Alaska, Mr. HUNTER, Mr. MANZULLO, Mr. PAULSEN, Mr. MCCLINTOCK, Mr. KINGSTON, Mr. RUPPERSBERGER, Mr. RYAN of Ohio, Mr. POSEY, Mr. MATHESON, and Mr. MCCOTTERCommentsClose CommentsPermalink

July 17, 2012CommentsClose CommentsPermalink

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printedCommentsClose CommentsPermalink

[Strike out all after the enacting clause and insert the part printed in italic]CommentsClose CommentsPermalink

[For text of introduced bill, see copy of bill as introduced on October 14, 2011]CommentsClose CommentsPermalink

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A BILLCommentsClose CommentsPermalink

To amend the Lacey Act Amendments of 1981 to limit the application of that Act with respect to plants and plant products that were imported before the effective date of amendments to that Act enacted in 2008, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Retailers and Entertainers Lacey Implementation and Enforcement Fairness Act’ or the ‘RELIEF Act’. CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds the following: CommentsClose CommentsPermalink





(1) Amendments to the Lacey Act Amendments of 1981 were enacted as part of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246). CommentsClose CommentsPermalink





(2) The 2008 amendments were intended to level the playing field for American businesses engaged in the responsible harvest, shipment, manufacture, and trade of plants and plant products whose prices had been undercut by a black market fueled by irresponsible and illegal taking of protected plants around the globe. CommentsClose CommentsPermalink





(3) The 2008 amendments were overly broad and their enforcement as enacted could criminalize actions of a good-faith owner, purchaser, or retailer of a plant or plant product, subjecting them to penalties that include forfeiture, fines, and imprisonment. CommentsClose CommentsPermalink





(4) Sanctions for violating the 2008 amendments should be proportional to the act in violation. An individual who is not in the commercial shipping business should not be held to the same standard of compliance under that Act. CommentsClose CommentsPermalink





(5) Individuals fear that they risk incurring those penalties by merely owning or traveling with a vintage musical instrument, antique furniture, or another wood product. CommentsClose CommentsPermalink





(6) The Department of the Interior and Department of Justice have stated ‘people who unknowingly possess a musical instrument or other object containing wood that was illegally taken, possessed, transported or sold in violation of law and who, in the exercise of due care would not have known that it was illegal, do not have criminal exposure.’. CommentsClose CommentsPermalink





(7) It is necessary to clarify the 2008 amendments so that legally harvested new plant products can enter the market place. CommentsClose CommentsPermalink





(8) Declaration requirements for plant products imported or manufactured prior to May 22, 2008, are unreasonable since the sourcing of plant products was not previously required by law. CommentsClose CommentsPermalink





(9) Federal law enforcement officials should not engage in overzealous enforcement action under the 2008 amendments. CommentsClose CommentsPermalink





(10) It is important to ensure that the appropriate agencies have the necessary funding to implement the current phases of the declaration requirement before considering any future phases. CommentsClose CommentsPermalink





(11) The appropriate agencies have the responsibility of providing a publicly accessible database so that everyone can be notified of the foreign laws of countries as they apply to the importation of plants. CommentsClose CommentsPermalink

SEC. 3. TREATMENT OF PLANTS AND PLANT PRODUCTS UNDER LACEY ACT AMENDMENTS OF 1981.

(a) Limitation on Application of Act to Certain Plants and Plant Products- The Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.) is amended by redesignating section 9 as section 10, and by inserting after section 8 the following: CommentsClose CommentsPermalink

‘SEC. 9. LIMITATION ON APPLICATION TO CERTAIN PLANTS AND PLANT PRODUCTS.

‘This Act does not apply with respect to-- CommentsClose CommentsPermalink





‘(1) any plant that was imported into the United States before May 22, 2008; or CommentsClose CommentsPermalink





‘(2) any finished plant or plant product the assembly and processing of which was completed before May 22, 2008.’. CommentsClose CommentsPermalink





(b) Limitations on Application of Plant Declaration Requirement- Section 3(f) of such Act (16 U.S.C. 3372(f)) is amended-- CommentsClose CommentsPermalink





(1) in paragraph (1), by inserting ‘that is entered for consumption (as that term is defined in part 141.0a of title 19, Code of Federal Regulations, as in effect on the date of enactment of the Retailers and Entertainers Lacey Implementation and Enforcement Fairness Act)’ after ‘plant’; and CommentsClose CommentsPermalink





(2) in paragraph (3)-- CommentsClose CommentsPermalink





(A) by inserting ‘(A)’ before ‘Paragraphs (1)’; and CommentsClose CommentsPermalink





(B) by adding at the end the following: CommentsClose CommentsPermalink





‘(B)(i) In the case of a plant product that is derived from a tree, a declaration under paragraph (1) or (2) is not required to include information referred to in subparagraph (A), (B), or (C) of that paragraph unless the plant product is solid wood. CommentsClose CommentsPermalink





‘(ii) The Administrator of the Animal and Plant Health Inspection Service shall issue regulations that define the term ‘solid wood’ for purposes of this subparagraph.’. CommentsClose CommentsPermalink





(c) Application of Civil Forfeiture Laws- Section 5(d) of such Act (16 U.S.C. 3374(d)) is amended to read as follows:

‘(d) Civil Forfeitures-

‘(1) IN GENERAL- E-- CommentsClose CommentsPermalink




(1) by inserting ‘(1)’ before ‘Civil’; CommentsClose CommentsPermalink





(2) by inserting ‘, except as provided in subsection (d), civil forfeitures underparagraphs (2) and (3) of this subsection’ before the period at the end; and CommentsClose CommentsPermalink





(3) by adding at the end the following: CommentsClose CommentsPermalink





‘(2) Subsection (d)(4) of section shall be governed by chapter 46 of title 18, United States Code.

‘(2) LIMITATION ON INNOCENT OWNER DEFENSE NOT APPLICABLE- The limitation set forth in paragraph (4) of section 983(d) of title 18, United States Code, does not apply with respect to--

‘(A) any imported plant acquired by a person who satisfies the requirements for treatment as an innocent owner set forth in paragraph (1) and paragraph (2) or (3), as applicable,983 of such section; and‘(B) any plant or plant product acquired by a person who satisfieschapter, and the second sentence of subsection (a)(1)(F) of such requirementssection, shall not apply to plants or plant products. CommentsClose CommentsPermalink




‘(3) This section is the sole authority for civil seizure or forfeiture actions alleging, or predicated upon, a violation of section 3.’. CommentsClose CommentsPermalink

SEC. 4. REDUCED PENALTIES FOR CERTAIN FIRST OFFENSES.LIMITATION ON APPLICATION OF FOREIGN LAWS.

(a) Prohibited Acts- Section 43(a) of such Act (16 U.S.C. 3373) is amended by redesignating subsection (e) as subsection (f), and by inserting after subsection (d) the following:‘(e2(a)) is amended-- CommentsClose CommentsPermalink





(1) in paragraph (2)(B), in clause (ii) and in clause (iii), by striking ‘foreign law’ and inserting ‘foreign law that is directed at the protection, conservation, and management of plants’; and CommentsClose CommentsPermalink





(2) in paragraph (3)(B), in clause (ii) and in clause (iii), by striking ‘foreign law’ and inserting ‘foreign law that is directed at the protection, conservation, and management of plants’. CommentsClose CommentsPermalink





(b) Civil Penalty for First Offenses Involving Plant-

‘(1) IN GENERAL- Notwithstanding subsections (a) and (d), any person who violates subsection (a), (d), or (f) of section 3 with respect to any plant and who in the exercise of due care should know that the plant was taken, possessed, transported, or sold in violation of, or in a manner unlawful under, any underlying law, treaty, or regulation may, for the first such violation, be assessed a civil penalty by the Secretary of not more than $250.

‘(2) OTHER CIVIL PENALTY PROVISIONS APPLY- Except as provided in paragraph (3), paragraphs (2), (3), (4), (5), and (6) of subsection (a) shall apply with respect to an offense for which a penalty may be assessed under this subsection.

‘(3) TREATMENT AS SINGLE OFFENSEies- Notwithstanding the second sentence of subsection (a)(4), all violations by a person for which a penalty may be assessed under this subsection that arise from a single act or omission shall be treated as a single offense.Section 4(a)(1) of such Act (16 U.S.C. 3373(a)(1)) is amended by striking ‘foreign law’ and inserting ‘foreign law that is directed at the protection, conservation, and management of plants’. CommentsClose CommentsPermalink

SEC. 5. REVIEW AND REPORT.

Section 3(f) of such Act (16 U.S.C. 3372(f)) is amended-- CommentsClose CommentsPermalink





(1) in paragraph (4), by striking ‘Not later than 2two years after the date of enactment of this subsection,’ and inserting ‘Not later than 180 days after the date of enactment of the Retailers and Entertainers Lacey Implementation and Enforcement Fairness Act,’; and CommentsClose CommentsPermalink





(2) in paragraph (5)-- CommentsClose CommentsPermalink





(A) by striking ‘Not later than 180 days after the date on which the Secretary completes the review under paragraph (4), the Secretary’ and inserting ‘Not later than 180 days after the date the Secretary completes the review under paragraph (4), the Director of the United States Fish and Wildlife Service’; CommentsClose CommentsPermalink





(B) by striking ‘and’ after the semicolon at the end of subparagraph (B); CommentsClose CommentsPermalink





(C) by striking the period at the end of subparagraph (C) and inserting ‘; and’; and CommentsClose CommentsPermalink





(D) by adding at the end the following: CommentsClose CommentsPermalink





‘(D) an evaluation of the feasibility of creating and maintaining a publicly available database of laws of foreign countries from which plants are exported.’. CommentsClose CommentsPermalink

SEC. 6. FUNDING FOR IMPLEMENTATION OF PLANT DECLARATION REQUIREMENT.The head of each Federal agency responsible for implementing the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.) shall, from amounts otherwise available, allocate sufficient amounts to implement section 3(f) of Union Calendar No. 439 CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 3210CommentsClose CommentsPermalink

[Report No. 112-604]CommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend the Lacey Act Amendments of 1981 (16 U.S.C. 3372(f)), including for processing of all declarations filed under that section.SEC. 7. STANDARD CERTIFICATION PROCESS FOR PLANTS AND PLANT PRODUCTS.The Director of the United States Fish and Wildlife Service, the Administrator of the Animal and Plant Health Inspection Service, and the head of eachto limit the application of that Act with respect to plants and plant products that were imported before the effective date of amendments to that Act enacted in 2008, and for other Federal agency responsible for implementing the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.) shall issue regulations to establish a standard certification process under that Act for plant and plant products (as those terms are used in that Act) legally harvested, imported, or manufactured after May 22, 2008, that considers individual item certification and individual manufacturer, importer, and retailer certification for purposes of sale and resale.SEC. 8. FEDERAL TRADE COMMISSION REVIEW.

Not later than 180 days after the date of the enactment of this Act, the Federal Trade Commission shall--

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July 17, 2012CommentsClose CommentsPermalink

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printedCommentsClose CommentsPermalink