[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 80 Referred in Senate (RFS)]

111th CONGRESS
  1st Session
                                 H. R. 80


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 25, 2009

                                Received

                             March 12, 2009

   Read twice and referred to the Committee on Environment and Public 
                                 Works

_______________________________________________________________________

                                 AN ACT


 
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 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 transporting a 
                nonhuman primate solely for the purpose of assisting an 
                individual who is permanently disabled with a severe 
                mobility impairment, if--
                            ``(i) the nonhuman primate is a single 
                        animal of the genus Cebus;
                            ``(ii) the nonhuman primate was obtained 
                        from, and trained at, a licensed nonprofit 
                        organization described in section 501(c)(3) of 
                        the Internal Revenue Code of 1986 the nonprofit 
                        tax status of which was obtained--
                                    ``(I) before July 18, 2008; and
                                    ``(II) on the basis that the 
                                mission of the organization is to 
                                improve the quality of life of severely 
                                mobility-impaired individuals;
                            ``(iii) the person transporting the 
                        nonhuman primate is a specially trained 
                        employee or agent of a nonprofit organization 
                        described in clause (ii) that is transporting 
                        the nonhuman primate to or from a designated 
                        individual who is permanently disabled with a 
                        severe mobility impairment, or to or from a 
                        licensed foster care home providing specialty 
                        training of the nonhuman primate solely for 
                        purposes of assisting an individual who is 
                        permanently disabled with severe mobility 
                        impairment;
                            ``(iv) the person transporting the nonhuman 
                        primate carries documentation from the 
                        applicable nonprofit organization that includes 
                        the name of the designated individual referred 
                        to in clause (iii);
                            ``(v) the nonhuman primate is transported 
                        in a secure enclosure that is appropriate for 
                        that species;
                            ``(vi) the nonhuman primate has no contact 
                        with any animal or member of the public, other 
                        than the designated individual referred to in 
                        clause (iii); and
                            ``(vii) the transportation of the nonhuman 
                        primate is in compliance with--
                                    ``(I) all applicable State and 
                                local restrictions regarding the 
                                transport; and
                                    ``(II) all applicable State and 
                                local requirements regarding permits or 
                                health certificates; 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)''; and
                    (F) in paragraph (6) (as redesignated by 
                subparagraph (A))--
                            (i) by striking ``subsection (a)(2)(C)'' 
                        and inserting ``this subsection''; and
                            (ii) by striking ``2004 through 2008'' and 
                        inserting ``2010 through 2014''.
    (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)''.
    (d) Effective Date; Regulations.--
            (1) Effective date.--Subsections (a) through (c) shall take 
        effect on the earlier of--
                    (A) the date of the issuance of regulations under 
                paragraph (2); or
                    (B) the expiration of the period referred to in 
                paragraph (2).
            (2) Regulations.--The Secretary of the Interior shall issue 
        regulations implementing the amendments made by this section by 
        not later than the end of the 180-day period beginning on the 
        date of the enactment of this Act.

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. AUTHORIZATIONS 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 2010 to hire additional law enforcement 
personnel of the United States Fish and Wildlife Service to enforce 
that Act.

            Passed the House of Representatives February 24, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.