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H.R. 5677 (110th): To amend the Tariff Act of 1930 to prohibit the importation into the United States of plastinated human remains.

The text of the bill below is as of Apr 2, 2008 (Introduced).


I

110th CONGRESS

2d Session

H. R. 5677

IN THE HOUSE OF REPRESENTATIVES

April 2, 2008

(for himself and Mr. Wolf) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL

To amend the Tariff Act of 1930 to prohibit the importation into the United States of plastinated human remains.

1.

Prohibition on importation of plastinated human remains

(a)

Amendment

Part I of title III of the Tariff Act of 1930 (19 U.S.C. 1304 et seq.) is amended by inserting after section 308 the following:

308A.

Prohibition on importation of plastinated human remains

(a)

Definitions

In this section:

(1)

Customs laws

The term customs laws of the United States means any other law or regulation enforced or administered by U.S. Customs and Border Protection of the Department of Homeland Security.

(2)

Person

The term person includes any individual, partnership, corporation, association, organization, business trust, government entity, or other entity subject to the jurisdiction of the United States.

(3)

Plastinated human remains

The term plastinated human remains means human remains, including tissues, organs, and other body parts, that are preserved from decay by replacing the water and fats in the human remains with a polymer.

(4)

Secretary

The term Secretary means the Secretary of Homeland Security.

(5)

United States

The term United States means the customs territory of the United States, as defined in general note 2 of the Harmonized Tariff Schedule of the United States.

(b)

Prohibition

It shall be unlawful for any person to import into the United States any plastinated human remains.

(c)

Penalties

(1)

Civil penalties

Any person who violates any provision of this section or any regulation issued under this section may, in addition to any other civil or criminal penalty that may be imposed under title 18, United States Code, or any other provision of law, be assessed a civil penalty by the designated authority of not more than—

(A)

$10,000 for each separate knowing and intentional violation;

(B)

$5,000 for each separate grossly negligent violation; or

(C)

$3,000 for each separate negligent violation.

(2)

Forfeiture

Any plastinated human remains imported contrary to the provisions of this section or any regulation issued under this section shall be subject to forfeiture to the United States.

(d)

Enforcement

The Secretary shall enforce the provisions of this section with respect to the prohibition under subsection (b).

(e)

Regulations

Not later than 270 days after the date of the enactment of this section, the Secretary shall, after notice and opportunity for comment, issue regulations to carry out the provisions of this section.

(f)

Coordination with other laws

Nothing in this section shall be construed as superseding or limiting in any manner the functions and responsibilities of the Secretary under the customs laws of the United States.

.

(b)

Effective date

Section 308A of the Tariff Act of 1930, as added by subsection (a), applies with respect to the importation of plastinated human remains on or after the date of the enactment of this Act.