KAT24260 2XK

118TH CONGRESS
2D SESSION

S.L.C.

S. ll

To amend the Lacey Act Amendments of 1981 to prohibit certain activities
involving prohibited primate species, and for other purposes.

IN THE SENATE OF THE UNITED STATES
llllllllll
Mr. BLUMENTHAL (for himself, Mr. PADILLA, and Mr. MURPHY) introduced
the following bill; which was read twice and referred to the Committee
on llllllllll

A BILLTo amend the Lacey Act Amendments of 1981 to prohibit
certain activities involving prohibited primate species,and for other purposes.
1Be it enacted by the Senate and House of Representa-2 tives of the United States of America in Congress assembled,
34SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Captive Primate Safety5 Act’’.

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S.L.C.

21SEC. 2. PROHIBITION OF CERTAIN ACTIVITIES INVOLVING

2PROHIBITED PRIMATE SPECIES.

34(a) DEFINITIONOFPROHIBITED PRIMATE SPE-CIES.—Section 2 of the Lacey Act Amendments of 1981

5 (16 U.S.C. 3371) is amended—
678(1) by redesignating subsections (h) through (l)as subsections (i) through (m), respectively; and(2) by inserting after subsection (g) the fol-9lowing:10‘‘(h) PROHIBITED PRIMATE SPECIES.—The term

11 ‘prohibited primate species’ means any live species of
12 nonhuman primate, including species of chimpanzee,
13 galago, gibbon, gorilla, lemur, loris, monkey, orangutan,
14 tarsier, or any hybrid of such species.’’.
15(b) PROHIBITED ACTS.—Section 3(e) of the Lacey

16 Act Amendments of 1981 (16 U.S.C. 3372(e)) is amend17 ed—
18(1) by striking paragraph (1) and all that fol-

19lows through the period at the end of the undesig-

20

nated matter following subparagraph (B) and insert-

21

ing the following:2223‘‘(1) IN GENERAL.—Except as provided in paragraph (2), it is unlawful for any person—

24‘‘(A) to import, export, transport, sell, re-25

ceive, acquire, or purchase in interstate or for-26

eign commerce, or in a manner substantially af-

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31

fecting interstate or foreign commerce, any pro-2

hibited wildlife species or prohibited primate

3species; or4‘‘(B) to breed or possess any prohibited

5wildlife species or prohibited primate species.’’;6and7(2) in paragraph (2)—8(A) in subparagraph (C), by inserting ‘‘or

9prohibited primate species’’ after ‘‘prohibited

10wildlife species’’ each place it appears; and11
12(B) by striking subparagraphs (D) and (E)and inserting the following:

13‘‘(D) an entity or individual that has cus-

14

tody of any prohibited wildlife species or prohib-

15

ited primate species for the purpose of expedi-

16

tiously transporting the prohibited wildlife spe-

17cies or prohibited primate species, as applicable,18

to an entity or individual described in this para-

19graph with respect to the species;

20‘‘(E) an entity or individual that is in pos-21

session of any prohibited wildlife species or pro-22

hibited primate species that was born before the23date of the enactment of the Big Cat Public

24

Safety Act, with respect to a prohibited wildlife

25species, or the Captive Primate Safety Act, with

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41

respect to a prohibited primate species, if the2entity or individual—3‘‘(i) not later than 180 days after the4date of enactment of the applicable Act,

5

registers each individual animal of each6

prohibited wildlife species or prohibited

7

primate species, as applicable, possessed by

8

the entity or individual with the United

9States Fish and Wildlife Service;

10‘‘(ii) does not breed, acquire, or sell

11

any prohibited wildlife species or prohibited

12

primate species, as applicable, after the13date of enactment of the applicable Act;

14and15‘‘(iii) does not allow direct contact be-

16

tween the public and any prohibited wild-

17

life species or prohibited primate species,

18as applicable; or19‘‘(F) a research facility that conducts re-20

search that involves a prohibited primate spe-21cies that is registered with the Department of22

Agriculture, if the research facility holds the23

registration in good standing.’’.

24(c) REGULATIONS.—KAT24260 2XKS.L.C.

51(1) IN GENERAL.—Not later than 180 days

2

after the date of enactment of this Act, the Sec-3

retary of the Interior shall promulgate regulations

4

implementing the amendments made by subsections

5(a) and (b).

6(2) ENFORCEABILITY.—The enforceability of7the amendments made by subsections (a) and (b)8shall not be affected by a failure of the Secretary of

9

the Interior to timely promulgate regulations under

10paragraph (1).

11(d) TECHNICAL AMENDMENTS.—

1213
14(1) Section 4 of the Lacey Act Amendments of1981 (16 U.S.C. 3373) is amended—(A) in subsection (b)—15(i) in the second sentence, by striking

16‘‘subpenas’’ and inserting ‘‘subpoenas’’;17and18(ii) in the fourth sentence, by striking

19‘‘subpena issued pursuant to this para-

20graph’’ and inserting ‘‘subpoena issued

21

pursuant to this subsection’’; and22(B) in subsection (e), in the first sentence,

23by striking ‘‘Fishery Conservation and Manage-

24

ment Act of 1976’’ and inserting ‘‘Magnuson-

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6
1

Stevens Fishery Conservation and Management

2

Act (16 U.S.C. 1801 et seq.)’’.

3(2) Section 6(b) of the Lacey Act Amendments

4of 1981 (16 U.S.C. 3375(b)) is amended—

5(A) in the matter preceding the proviso, by6striking ‘‘Attorney General;’’ and inserting ‘‘At-7

torney General:’’; and8(B) in the first sentence of the proviso, by

9striking ‘‘subpena’’ and inserting ‘‘subpoena’’.

10(3) Section 8(a) of the Lacey Act Amendments

11of 1981 (16 U.S.C. 3377(a)) is amended by striking

12‘‘Fishery Conservation and Management Act of

13

1976’’ and inserting ‘‘Magnuson-Stevens Fishery

14

Conservation and Management Act’’.