[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1614 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1614
To amend title 18, United States Code, to enhance protections against
the importation, and transport between States, of injurious species,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2023
Mr. Rubio introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to enhance protections against
the importation, and transport between States, of injurious species,
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 ``Lacey Act Amendments of 2023''.
SEC. 2. AMENDMENTS.
(a) In General.--Section 42 of title 18, United States Code, is
amended--
(1) in subsection (a)(1)--
(A) in the first sentence, by striking ``shipment
between the continental United States'' and inserting
``transport between the States''; and
(B) by inserting after the first sentence the
following: ``Notwithstanding any other provision of
law, the Secretary of the Interior may prescribe by
regulation an emergency designation prohibiting the
importation of any species of wild mammals, wild birds,
fish (including mollusks and crustacea), amphibians, or
reptiles, or the offspring or eggs of any such species,
as injurious to human beings, to the interests of
agriculture, horticulture, or forestry, or to wildlife
or the wildlife resources of the United States, for not
more than 3 years, under this subsection, if the
Secretary of the Interior determines that such
regulation is necessary to address an imminent threat
to human beings, to the interests of agriculture,
horticulture, or forestry, or to wildlife or the
wildlife resources of the United States. An emergency
designation prescribed under this subsection shall take
effect immediately upon publication in the Federal
Register, unless the Secretary of the Interior
prescribes an effective date that is not later than 60
days after the date of publication. During the period
during which an emergency designation prescribed under
this subsection for a species is in effect, the
Secretary of the Interior shall evaluate whether the
species should be designated as an injurious wildlife
species under the first sentence of this paragraph.'';
and
(2) by adding at the end the following:
``(d) Presumptive Prohibition on Importation.--
``(1) In general.--Importation into the United States of
any species of wild mammals, wild birds, fish (including
mollusks and crustacea), amphibians, or reptiles, or the
offspring or eggs of any such species, that is not native to
the United States and, as of the date of enactment of the Lacey
Act Amendments of 2023, is not prohibited under subsection
(a)(1), is prohibited, unless--
``(A) during the 1-year period preceding the date
of enactment of the Lacey Act Amendments of 2023, the
species was, in more than minimal quantities--
``(i) imported into the United States; or
``(ii) transported between the States, any
territory of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, or
any possession of the United States; or
``(B) the Secretary of the Interior determines,
after an opportunity for public comment, that the
species does not pose a significant risk of
invasiveness to the United States and publishes a
notice in the Federal Register of the determination.
``(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to limit the authority of the Secretary of the
Interior under subsection (a)(1).''.
(b) Conforming Amendments.--Section 42(a) of title 18, United
States Code, is amended--
(1) in paragraph (2), by inserting ``and subsection (d)''
after ``this subsection'';
(2) in paragraph (3)--
(A) by striking ``the foregoing'' and inserting
``paragraph (1) or subsection (d)''; and
(B) by striking ``this Act'' each place the term
appears and inserting ``this section'';
(3) in paragraph (4), by inserting ``or subsection (d)''
after ``this subsection''; and
(4) in paragraph (5)--
(A) by inserting ``and subsection (d)'' after
``this subsection''; and
(B) by striking ``hereunder'' and inserting ``under
such provisions''.
(c) Regulations; Effective Date.--
(1) Regulations.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the Interior shall
promulgate regulations to define the term ``minimal
quantities'' for purposes of subsection (d)(1)(A) of section 42
of title 18, United States Code, as added by subsection (a)(2).
(2) Effective date.--Subsection (d) of section 42 of title
18, United States Code, as added by subsection (a)(2), shall
take effect on the date that is 1 year after the date of
enactment of this Act.
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