[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6505 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6505

To amend the Lacey Act Amendments of 1981 to treat nonhuman primates as 
prohibited wildlife species under that Act, to make corrections in the 
 provisions relating to captive wildlife offenses under that Act, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 2008

 Mr. Young of Alaska introduced the following bill; which was referred 
                 to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Lacey Act Amendments of 1981 to treat nonhuman primates as 
prohibited wildlife species under that Act, to make corrections in the 
 provisions relating to captive wildlife offenses under that Act, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Captive Primate Safety and Disabled 
Human Assistance Act''.

SEC. 2. ADDITION OF NONHUMAN PRIMATES TO DEFINITION OF PROHIBITED 
              WILDLIFE SPECIES.

    Section 2(g) of the Lacey Act Amendments of 1981 (16 U.S.C. 
3371(g)) is amended by inserting before the period at the end ``or any 
nonhuman primate''.

SEC. 3. CAPTIVE WILDLIFE AMENDMENTS.

    (a) Prohibited Acts.--Section 3 of the Lacey Act Amendments of 1981 
(16 U.S.C. 3372) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A), by inserting 
                        ``or'' after the semicolon;
                            (ii) in subparagraph (B)(iii), by striking 
                        ``; or'' and inserting a semicolon; and
                            (iii) by striking subparagraph (C); and
                    (B) in paragraph (4), by inserting ``or subsection 
                (e)'' before the period; and
            (2) in subsection (e)--
                    (A) by redesignating paragraphs (2), (3), (4), and 
                (5) as paragraphs (3), (4), (5), and (6) respectively;
                    (B) by striking ``(e)'' and all that follows 
                through ``Subsection (a)(2)(C) does not apply'' in 
                paragraph (1) and inserting the following:
    ``(e) Captive Wildlife Offense.--
            ``(1) In general.--It is unlawful for any person to import, 
        export, transport, sell, receive, acquire, or purchase in 
        interstate or foreign commerce any live animal of any 
        prohibited wildlife species.
            ``(2) Limitation on application.--This subsection--
                    ``(A) does not apply to a person transporting a 
                nonhuman primate to or from a veterinarian who is 
                licensed to practice veterinary medicine within the 
                United States, solely for the purpose of providing 
                veterinary care to the nonhuman primate, if--
                            ``(i) the person transporting the nonhuman 
                        primate carries written documentation issued by 
                        the veterinarian, including the appointment 
                        date and location;
                            ``(ii) the nonhuman primate is transported 
                        in a secure enclosure appropriate for that 
                        species of primate;
                            ``(iii) the nonhuman primate has no contact 
                        with any other animals or members of the 
                        public, other than the veterinarian and other 
                        authorized medical personnel providing 
                        veterinary care; and
                            ``(iv) such transportation and provision of 
                        veterinary care is in accordance with all 
                        otherwise applicable State and local laws, 
                        regulations, permits, and health certificates;
                    ``(B) does not apply to a person transporting a 
                nonhuman primate to a legally designated caregiver for 
                the nonhuman primate as a result of the death of the 
                preceding owner of the nonhuman primate, if--
                            ``(i) the person transporting the nonhuman 
                        primate is carrying legal documentation to 
                        support the need for transporting the nonhuman 
                        primate to the legally designated caregiver;
                            ``(ii) the nonhuman primate is transported 
                        in a secure enclosure appropriate for the 
                        species;
                            ``(iii) the nonhuman primate has no contact 
                        with any other animals or members of the public 
                        while being transported to the legally 
                        designated caregiver; and
                            ``(iv) all applicable State and local 
                        restrictions on such transport, and all 
                        applicable State and local requirements for 
                        permits or health certificates, are complied 
                        with;
                    ``(C) does not apply to a person that--
                            ``(i) is described in subsection (c)(3) of 
                        section 501 of the Internal Revenue Code of 
                        1986 and exempt from tax under subsection (a) 
                        of such section;
                            ``(ii) was incorporated under the laws of 
                        the State of New York in 1982; and
                            ``(iii) provides service capuchin monkeys 
                        to permanently disabled individuals who are 
                        licensed by or secure permits from a State or 
                        locality to maintain such nonhuman primates in 
                        their residence, for the sole purpose of 
                        assisting such individuals to live 
                        independently; and
                    ``(D) does not apply'';
                    (C) in paragraph (2) (as redesignated by 
                subparagraph (A))--
                            (i) by striking ``a'' before ``prohibited'' 
                        and inserting ``any'';
                            (ii) by striking ``(3)'' and inserting 
                        ``(4)''; and
                            (iii) by striking ``(2)'' and inserting 
                        ``(3)'';
                    (D) in paragraph (3) (as redesignated by 
                subparagraph (A))--
                            (i) in subparagraph (C)--
                                    (I) in clauses (ii) and (iii), by 
                                striking ``animals listed in section 
                                2(g)'' each place it appears and 
                                inserting ``prohibited wildlife 
                                species''; and
                                    (II) in clause (iv), by striking 
                                ``animals'' and inserting ``prohibited 
                                wildlife species''; and
                            (ii) in subparagraph (D), by striking 
                        ``animal'' each place it appears and inserting 
                        ``prohibited wildlife species'';
                    (E) in paragraph (4) (as redesignated by 
                subparagraph (A)), by striking ``(2)'' and inserting 
                ``(3)'';
                    (F) in paragraph (6) (as redesignated by 
                subparagraph (A)), by striking ``subsection (a)(2)(C)'' 
                and inserting ``this subsection''; and
                    (G) by inserting after paragraph (6) (as 
                redesignated by subparagraph (A)) the following:
            ``(7) Application.--This subsection shall apply beginning 
        on the effective date of regulations promulgated under this 
        subsection.''.
    (b) Civil Penalties.--Section 4(a) of the Lacey Act Amendments of 
1981 (16 U.S.C. 3373(a)) is amended--
            (1) in paragraph (1), by inserting ``(e),'' after 
        ``subsections (b), (d),'' ; and
            (2) in paragraph (1), by inserting ``, (e),'' after 
        ``subsection (d)''.
    (c) Criminal Penalties.--Section 4(d) of the Lacey Act Amendments 
of 1981 (16 U.S.C. 3373(d)) is amended--
            (1) in paragraphs (1)(A) and (1)(B) and in the first 
        sentence of paragraph (2), by inserting ``(e),'' after 
        ``subsections (b), (d),'' each place it appears; and
            (2) in paragraph (3), by inserting ``, (e),'' after 
        ``subsection (d)''.

SEC. 4. APPLICABILITY PROVISION AMENDMENT.

    Section 3 of the Captive Wildlife Safety Act (117 Stat. 2871; 
Public Law 108-191) is amended--
            (1) in subsection (a), by striking ``(a) In General.--
        Section 3'' and inserting ``Section 3''; and
            (2) by striking subsection (b).

SEC. 5. REGULATIONS.

    Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 
3376(a)) is amended by adding at the end the following new paragraph:
            ``(3) The Secretary shall, in consultation with other 
        relevant Federal and State agencies, issue regulations to 
        implement section 3(e).''.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL LAW ENFORCEMENT 
              PERSONNEL.

    In addition to such other amounts as are authorized to carry out 
the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.), there is 
authorized to be appropriated to the Secretary of the Interior 
$5,000,000 for fiscal year 2009 to hire additional law enforcement 
personnel of the United States Fish and Wildlife Service to enforce 
that Act.
                                 <all>