[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2562 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2562

To amend the Lacey Act Amendments of 1981 to prohibit the 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 SENATE OF THE UNITED STATES

                           September 26, 2019

Mr. Blumenthal (for himself, Mr. Murphy, Mr. Sanders, Mr. Menendez, Mr. 
   Van Hollen, Mr. Whitehouse, Mrs. Feinstein, Mrs. Gillibrand, Mr. 
 Merkley, Mr. Reed, Mr. Markey, Mr. Booker, and Ms. Harris) introduced 
the following bill; which was read twice and referred to the Committee 
                    on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To amend the Lacey Act Amendments of 1981 to prohibit the 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--
            (1) by striking ``means any live species'' and inserting 
        the following: ``means any live--
            ``(1) species''; and
            (2) by striking ``cougar or any hybrid of such species.'' 
        and inserting the following: ``cougar;
            ``(2) hybrid of a species described in paragraph (1); or
            ``(3) 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 adding ``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 the subsection designation and 
                heading and all that follows through the period at the 
                end of paragraph (1) and inserting the following:
    ``(e) Captive Wildlife Offense.--
            ``(1) In general.--Except as provided in paragraph (2), 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.'';
                    (B) in paragraph (2)--
                            (i) by striking the paragraph designation 
                        and heading and all that follows through 
                        ``person--'' in the matter preceding 
                        subparagraph (A) and inserting the following:
            ``(2) Limitation on application.--Paragraph (1) does not 
        apply to any person that--'';
                            (ii) in subparagraph (A)--
                                    (I) by striking ``(A) is licensed'' 
                                and inserting ``(A)(i) is licensed''; 
                                and
                                    (II) in clause (i) (as so 
                                designated), by striking ``species;'' 
                                and inserting the following: ``species; 
                                and
                    ``(ii) 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 live 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 clause (ii), by striking 
                                ``such animals'' and inserting ``a 
                                prohibited wildlife species'';
                                    (III) in clauses (ii) and (iii), by 
                                striking ``animals listed in section 
                                2(g)'' each place it appears and 
                                inserting ``any prohibited wildlife 
                                species''; and
                                    (IV) in clause (iv), by striking 
                                ``animals'' and inserting ``a 
                                prohibited wildlife species''; and
                            (v) in subparagraph (D), by striking 
                        ``animal'' each place it appears and inserting 
                        ``prohibited wildlife species'';
                    (C) by striking paragraphs (3) and (5); and
                    (D) by redesignating paragraph (4) as paragraph 
                (3).
    (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 paragraph (1), in subparagraphs (A) and (B), 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.--Subsections (a) through (c), and the 
amendments made by those subsections, shall take effect on the earlier 
of--
            (1) the date of promulgation of regulations under paragraph 
        (3) of section 7(a) of the Lacey Act Amendments of 1981 (16 
        U.S.C. 3376(a)) (as added by section 4); and
            (2) the expiration of the period described in that 
        paragraph.

SEC. 4. 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) Not later than 180 days after the date of enactment 
        of the Captive Primate Safety Act, the Secretary shall--
                    ``(A) in consultation with other relevant Federal 
                and State agencies, promulgate regulations to implement 
                section 3(e) (as amended by section 3(a) of that Act, 
                notwithstanding section 3(d) of that Act); and
                    ``(B) promulgate regulations to implement any other 
                amendments made by section 3 of that Act 
                (notwithstanding section 3(d) of that Act).''.
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