January 13, 2012
Dear Ms. Wolford,
Thank you for contacting me regarding your concerns with the Lacey Act. I understand this issue is important to you and appreciate the time you have taken to contact me.
Last August, the Department of Justice raided Gibson Guitars on alleged Lacey Act violations. The Lacey Act is intended to prohibit trade in wildlife, fish and plants that have been illegally taken, possessed, transported or sold. Justice Department officials claim that wood imported from India by Gibson Guitars was fraudulently labeled to conceal a contravention of Indian export law. Gibson has argued that the government has failed to demonstrate how companies can ensure they are complying with the law. Further, according to Gibson, these raids have resulted in lost productivity and cost the company approximately $1 million. I believe we must carefully examine these allegations and pursue common-sense policies that promote job growth in the United States.
In the 112th Congress, there have been two pieces of legislation introduced to amend the Lacey Act as it is currently being enforced. The first was a Senate amendment proposed to H.R. 2112, the Agriculture appropriations bill on October 17, 2011. This amendment would have prohibited the use of federal funds to prosecute any violation of foreign law with respect to a plant taken, possessed, transported, or sold, unless the applicable foreign government initiated proceedings against the suspected company or individual. This amendment was never voted on and was not included in the language of the passing bill.
The second pending amendment to the Lacey Act is H.R. 3210, the Retailers and Entertainers Lacey Implementation and Enforcement Fairness (RELIEF) Act. This bill was introduced on October 18, 2011, and was referred to the House Natural Resources' Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs for consideration. The RELIEF Act would clarify previous amendments made to the Lacey Act by excluding violations that occurred prior to May 22, 2008, and would outline the requirements for wood products that would entering the United States. In addition, the bill would provide certain protections to companies or individuals who may have unknowingly possessed illegal wood and would cap civil penalties for first violations at $250.
Like you, I share in the belief of preserving and creating legislation that protects American jobs and spurs domestic economic growth. Be assured that I will keep your thoughts on amendments to the Lacey Act in mind should H.R. 3210 and other related legislation come to the House Floor for a vote.
Thank you again for contacting my office. Please do not hesitate to reach out if you have any questions or concerns. To stay informed on what is happening in Washington and around the 17th District, I invite you to visit my website
http://schilling.house.gov to sign up to receive my e-newsletter.
Sincerely,
Bobby Schilling
Member of Congress