[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1776 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 1776

  To amend the Lacey Act Amendments of 1981 to prohibit importation, 
 exportation, transportation, sale, receipt, acquisition, and purchase 
    in interstate or foreign commerce, or in a manner substantially 
  affecting interstate or foreign commerce, of any live animal of any 
                      prohibited wildlife species.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 14, 2019

    Mr. Blumenauer (for himself and Mr. Fitzpatrick) introduced the 
    following bill; which was referred to the Committee on Natural 
                               Resources

_______________________________________________________________________

                                 A BILL


 
  To amend the Lacey Act Amendments of 1981 to prohibit importation, 
 exportation, transportation, sale, receipt, acquisition, and purchase 
    in interstate or foreign commerce, or in a manner substantially 
  affecting interstate or foreign commerce, of any live animal of any 
                      prohibited wildlife species.

    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 striking ``(e)'' and all that follows 
                through 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, or in a manner substantially 
        affecting interstate or foreign commerce, any live animal of 
        any prohibited wildlife species.''; and
                    (B) in paragraph (2)--
                            (i) by striking so much as precedes 
                        subparagraph (A) and inserting the following:
            ``(2) Limitation on application.--Paragraph (1) does not 
        apply to any person who--'';
                            (ii) in subparagraph (A), by inserting 
                        before the semicolon at the end ``and does not 
                        allow direct contact between any member of the 
                        public and a live bear, tiger, lion, jaguar, 
                        cougar, African leopard, snow leopard, ape, 
                        gibbon, siamang, monkey, or loris, regardless 
                        of the age of the animal'';
                            (iii) in subparagraph (B), by striking 
                        ``State-licensed wildlife rehabilitator,'';
                            (iv) in subparagraph (C)--
                                    (I) by striking ``an accredited'' 
                                and inserting ``a'';
                                    (II) in clauses (ii) and (iii), by 
                                striking ``animals listed in section 
                                2(g)'' each place it appears and 
                                inserting ``prohibited wildlife 
                                species''; and
                                    (III) in clause (iv), by striking 
                                ``animals'' and inserting ``prohibited 
                                wildlife species''; and
                            (v) in subparagraph (D), by striking 
                        ``animal'' each place it appears and inserting 
                        ``prohibited wildlife species''.
    (b) Civil Penalties.--Section 4(a)(1) of the Lacey Act Amendments 
of 1981 (16 U.S.C. 3373(a)(1)) is amended--
            (1) by inserting ``(e),'' after ``subsections (b), (d),''; 
        and
            (2) 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 subparagraphs (A) and (B) of paragraph (1), by 
        inserting ``(e),'' after ``subsections (b), (d),'' each place 
        it appears;
            (2) in paragraph (2), by inserting ``(e),'' after 
        ``subsections (b), (d),''; and
            (3) in paragraph (3), by inserting ``, (e),'' after 
        ``subsection (d)''.
    (d) Effective Date; Regulations.--
            (1) Effective date.--Subsections (a) through (c), and the 
        amendments made by those subsections, shall take effect on the 
        earlier of--
                    (A) the date of promulgation of regulations under 
                paragraph (2); and
                    (B) the expiration of the period referred to in 
                paragraph (2).
            (2) Regulations.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of the Interior shall 
        promulgate regulations implementing the amendments made by this 
        section.

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:
            ``(3) The Secretary shall, in consultation with other 
        relevant Federal and State agencies, promulgate any regulations 
        necessary to implement section 3(e).''.
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