Legislators, government officials, musicians and representatives of the wood products industry on Tuesday offered criticism and support for two Lacey Act amendments under consideration in Congress.
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Legislators, government officials, musicians and representatives of the wood products industry on Tuesday offered criticism and support for two Lacey Act amendments under consideration in Congress.
The RELIEF Act, introduced in October 2011 by Jim Cooper (D-Tenn.) and Marsha Blackburn (R-Tenn.) in the wake the second federal raid on Gibson Guitar, would eliminate penalties for people who unknowingly possess illegal woods, lower penalties for first offenses and exempt wood products that were imported before 2008. Meanwhile, the FOCUS Act, introduced by Sen. Rand Paul (R-Ky.), would repeal Lacey Act requirements that companies comply with foreign laws.
In his testimony, Paul characterized the current incarnation of the Lacey Act as a dangerous example of overcriminalization in the U.S., and he said it is unconstitutional because it "essentially delegates law-making authority to other nations."
Rep. Earl Blumenauer (D-Ore.), who was instrumental in amending the act in 2008 so that it covered forest products, voiced opposition for the two amendments. He said that the Lacey Act is straightforward, and "Companies who import wood products need to play by the rules in the countries from which they import … This is a reasonable expectation."
Donna Harman, CEO of the American Forest & Paper Association, said her group does not support either of the two Lacey Act amendments under consideration. She noted that adoption of the FOCUS Act would "eviscerate" the Lacey Act.
Cooper noted in his testimony that his RELIEF Act would "correct several mistakes" that Congress made in 2008 when it amended the Lacey Act, and his testimony focused on improving the act to specifically benefit musicians. "A store owner who unknowingly imports a guitar made from illegal wood shouldn't be penalized the first time. But those firms and individuals that knowingly violate U.S. laws on importing endangered species should be severely punished," he said. Cooper also voiced opposition for Rand's FOCUS Act because it "harms efforts to curb illegal logging."
Barry Rutenberg, chairman of NAHB, voiced support for Cooper's amendment, saying the RELIEF Act would "improve and protect the integrity of the law." Rutenberg went a step further and said there needs to be provisions added to the Lacey Act that would allow contractors to seek the return of property in court if it was seized as a result of any enforcement action under the Lacey Act. "… We look forward to working with Rep. Cooper to improve the bill as it moves through the legislative process," Rutenberg said.