S.Amdt. 2178

1. Adds SEC. __. FREEDOM FROM OVERCRIMINALIZATION AND UNJUST SEIZURES wherever appropriate

   Adds a section

   Inserted: SEC. __. FREEDOM FROM OVERCRIMINALIZATION AND UNJUST SEIZURES.

   Inserted: (a) Prohibited Acts.--Section 3(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3372(a)) is amended--

   Inserted: (1) in paragraph (2)--

   Inserted: (A) in subparagraph (A), by striking "or in violation of any foreign law"; and

   Inserted: (B) in subparagraph (B)--

   Inserted: (i) in clause (i), by striking ", or any foreign law,";

   Inserted: (ii) in clause (ii), by striking "or any foreign law"; and

   Inserted: (iii) in clause (iii), by striking ", or under any foreign law,"; and

   Inserted: (2) in paragraph (3)--

   Inserted: (A) in subparagraph (A), by striking "foreign law or"; and

   Inserted: (B) in subparagraph (B)--

   Inserted: (i) in clause (i), by striking ", or any foreign law,";

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   Inserted: (ii) in clause (ii), by striking "or any foreign law"; and

   Inserted: (iii) in clause (iii), by striking ", or under any foreign law,".

   Inserted: (b) Penalties.--Section 4 of the Lacey Act Amendments of 1981 (16 U.S.C. 3373) is amended--

   Inserted: (1) in subsection (a), by striking paragraph (1) and inserting the following:

   Inserted: "(1) Assessment.--

   Inserted: "(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.

   Inserted: "(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--

   Inserted: "(i) the maximum amount of the penalty provided for violation of the law or regulation; or

   Inserted: "(ii) $10,000.

   Inserted: "(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

   Inserted: (2) by striking subsections (d) and (e).

   Inserted: (c) Forfeiture.--Section 5 of the Lacey Act Amendments of 1981 (16 U.S.C. 3374) is amended--

   Inserted: (1) by striking subsections (a) and (b) and inserting the following:

   Inserted: "(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.";

   Inserted: (2) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; and

   Inserted: (3) in subsection (b) (as redesignated), by striking "convicted of an offense, or assessed a civil penalty," and inserting "assessed a civil penalty".

   Inserted: (d) Enforcement.--

   Inserted: (1) In general.--Section 6 of the Lacey Act Amendments of 1981 (16 U.S.C. 3375) is amended--

   Inserted: (A) by striking subsection (b);

   Inserted: (B) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively;

   Inserted: (C) in subsection (b) (as redesignated), by striking the third sentence; and

   Inserted: (D) in the first sentence of subsection (c) (as redesignated)--

   Inserted: (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

   Inserted: (ii) by striking "or criminal".

   Inserted: (2) Conforming amendments.--

   Inserted: (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))".

   Inserted: (B) Section 503(b) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1423b(b)) is amended--

   Inserted: (i) by striking the subsection designation and heading and all that follows through "The Secretary may utilize" in paragraph (1) and inserting the following:

   Inserted: "(b) Utilization of Other Government Resources and Authorities.--The Secretary may utilize"; and

   Inserted: (ii) by striking paragraph (2).

   Inserted: (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))".

   Inserted: (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))".

   Inserted: (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))".

   Inserted: (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))".

   Inserted: (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:

   Inserted: "(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.).".

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   Original wording

   At the appropriate place, insert the following:

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As printed