[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3852 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 3852

 To require the Secretary of the Interior, acting through the Director 
     of the United States Fish and Wildlife Service, to promulgate 
  regulations prohibiting the use of lead ammunition on all land and 
water under the jurisdiction and control of the United States Fish and 
               Wildlife Service, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 29, 2024

  Ms. Duckworth (for herself and Mr. Booker) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of the Interior, acting through the Director 
     of the United States Fish and Wildlife Service, to promulgate 
  regulations prohibiting the use of lead ammunition on all land and 
water under the jurisdiction and control of the United States Fish and 
               Wildlife Service, 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 ``Lead Endangers Animals Daily Act of 
2024'' or the ``LEAD Act of 2024''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) in 1991, the United States Fish and Wildlife Service 
        required the use of nontoxic ammunition for all waterfowl 
        hunting;
            (2) research has shown that the presence of lead in the 
        environment poses a threat to human and wildlife health;
            (3) the Environmental Protection Agency has determined that 
        lead--
                    (A) is toxic to humans and animals; and
                    (B) can negatively affect nearly every organ and 
                system in the human body, including the heart, bones, 
                intestines, kidneys, and reproductive and nervous 
                systems;
            (4) lead exposure interferes with the development of the 
        nervous system and is therefore particularly toxic to children, 
        causing potentially permanent learning and behavioral 
        disorders;
            (5) lead is a potent neurotoxin, for which no safe exposure 
        level exists for humans;
            (6) the use of lead has been outlawed in, and removed from, 
        paint, gasoline, children's toys, and many other items for the 
        purpose of protecting human health and wildlife;
            (7) wildlife, including species listed as threatened or 
        endangered under the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.), is at risk of lead toxicosis through the 
        ingestion of lead ammunition either--
                    (A) directly, by ingesting lead from spent 
                ballistic materials while foraging; or
                    (B) indirectly, by scavenging carcasses and viscera 
                left by hunters;
            (8) lead may pollute soil and water around outdoor shooting 
        ranges;
            (9) lead ammunition endangers human food supplies;
            (10) dairy and beef cattle have developed lead poisoning 
        after feeding in areas where spent lead ammunition has 
        accumulated;
            (11) in addition to contaminating dairy and beef cattle, 
        spent lead ammunition can also contaminate crops, vegetation, 
        and waterways;
            (12) humans are at risk of lead toxicosis through the 
        consumption of game meat harvested with lead ammunition;
            (13) alternatives to lead ammunition are readily available, 
        and studies have shown that nonlead ammunition performs just as 
        well as lead-based ammunition; and
            (14) in January 2017, the outgoing Director of the United 
        States Fish and Wildlife Service issued Director's Order 219, 
        which was repealed in March 2017 by the Principal Deputy 
        Director of the United States Fish and Wildlife Service.

SEC. 3. LEAD AMMUNITION PROHIBITION.

    (a) Definitions.--In this section:
            (1) Ammunition.--The term ``ammunition'' means any bullet, 
        ball, sabot, slug, buckshot, shot, pellet, or other projectile 
        that is expelled from a firearm through a barrel by force.
            (2) Director.--The term ``Director'' means the Director of 
        the United States Fish and Wildlife Service.
            (3) Explosive.--The term ``explosive'' has the meaning 
        given the term in section 844(j) of title 18, United States 
        Code.
            (4) Firearm.--The term ``firearm'' means a weapon that 
        expels ammunition by way of an explosive or compressed air.
            (5) Nonlead ammunition.--
                    (A) In general.--The term ``nonlead ammunition'' 
                means ammunition in which there is no lead content, 
                excluding the presence of trace amounts of lead.
                    (B) Trace amounts.--For purposes of subparagraph 
                (A), the term ``trace amounts'' means 1 percent or less 
                by weight of the total weight of the ammunition.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Prohibition.--Not later than 1 year after the date of enactment 
of this Act, and in accordance with subsections (c) through (e), the 
Secretary, acting through the Director, shall promulgate regulations 
prohibiting the discharge of a firearm that uses ammunition, other than 
nonlead ammunition included on the list developed and updated in 
accordance with subsection (c), on all land and water under the 
jurisdiction and control of the United States Fish and Wildlife 
Service.
    (c) Acceptable Nonlead Ammunition.--The Director, in consultation 
with State and Tribal governments, shall develop and annually update a 
list of nonlead ammunition.
    (d) Exceptions.--The regulations promulgated under subsection (b) 
shall provide that the prohibition described in that subsection shall 
not apply--
            (1) to a government official or agent carrying out a 
        statutory duty unrelated to the management of wildlife;
            (2) to a State, local, Tribal, or Federal law enforcement 
        officer, or an agent of such officer, when carrying out a 
        statutory duty; and
            (3) to an active member of the United States military when 
        carrying out official duties.
    (e) Penalties.--The regulations promulgated under subsection (b) 
shall provide that any person that knowingly violates those regulations 
may be assessed a civil penalty by the Secretary of--
            (1) in the case of a first violation, not more than $500; 
        and
            (2) in the case of each subsequent violation, not less than 
        $1,000 and not more than $5,000.
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