II 

117TH CONGRESS 

1ST SESSION S. 626 

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 

MARCH 9, 2021 

Mr. RUBIO (for himself and Mr. SCHATZ) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Lacey Act Amend5 ments of 2021’’. 

6 SEC. 2. AMENDMENTS. 

7 (a) IN GENERAL.—Section 42 of title 18, United 

8 States Code, is amended— 

9 (1) in subsection (a)(1)— 


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1 (A) in the first sentence, by striking ‘‘ship2 ment between the continental United States’’ 

3 and inserting ‘‘transport between the States’’; 

4 and 

5 (B) by inserting after the first sentence 

6 the following: ‘‘Notwithstanding any other pro7 vision of law, the Secretary of the Interior may 

8 prescribe by regulation an emergency designa9 tion prohibiting the importation of any species 

10 of wild mammals, wild birds, fish (including 

11 mollusks and crustacea), amphibians, or rep12 tiles, or the offspring or eggs of any such spe13 cies, as injurious to human beings, to the inter14 ests of agriculture, horticulture, forestry, or to 

15 wildlife or the wildlife resources of the United 

16 States, for not more than 3 years, under this 

17 subsection, if the Secretary of the Interior de18 termines that such regulation is necessary to 

19 address an imminent threat to human beings, 

20 to the interests of agriculture, horticulture, for21 estry, or to wildlife or the wildlife resources of 

22 the United States. An emergency designation 

23 prescribed under this subsection shall take ef24 fect immediately upon publication in the Fed25 eral Register, unless the Secretary of the InteVerDate Sep 11 2014 21:53 Apr 03, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S626.IS S626

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1 rior prescribes an effective date that is not later 

2 than 60 days after the date of publication. Dur3 ing the period during which an emergency des4 ignation prescribed under this subsection for a 

5 species is in effect, the Secretary of the Interior 

6 shall evaluate whether the species should be 

7 designated as an injurious wildlife species under 

8 the first sentence of this paragraph.’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(d) PRESUMPTIVE PROHIBITION ON IMPORTA11 TION.— 

12 ‘‘(1) IN GENERAL.—Importation into the 

13 United States of any species of wild mammals, wild 

14 birds, fish (including mollusks and crustacea), am15 phibians, or reptiles, or the offspring or eggs of any 

16 such species, that is not native to the United States 

17 and, as of the date of enactment of the Lacey Act 

18 Amendments of 2021, is not prohibited under sub19 section (a)(1), is prohibited, unless— 

20 ‘‘(A) during the 1-year period preceding 

21 the date of enactment of the Lacey Act Amend22 ments of 2021, the species was, in more than 

23 minimal quantities— 

24 ‘‘(i) imported into the United States; 

25 or 


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1 ‘‘(ii) transported between the States, 

2 any territory of the United States, the Dis3 trict of Columbia, the Commonwealth of 

4 Puerto Rico, or any possession of the 

5 United States; or 

6 ‘‘(B) the Secretary of the Interior deter7 mines, after an opportunity for public comment, 

8 that the species does not pose a significant risk 

9 of invasiveness to the United States and pub10 lishes a notice in the Federal Register of the 

11 determination. 

12 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

13 paragraph (1) shall be construed to limit the author14 ity of the Secretary of the Interior under subsection 

15 (a)(1).’’. 

16 (b) CONFORMING AMENDMENTS.—Section 42(a) of 

17 title 18, United States Code, is amended— 

18 (1) in paragraph (2), by inserting ‘‘and sub19 section (d)’’ after ‘‘this subsection’’; 

20 (2) in paragraph (3)— 

21 (A) by striking ‘‘the foregoing’’ and insert22 ing ‘‘paragraph (1) or subsection (d)’’; and 

23 (B) by striking ‘‘this Act’’ each place the 

24 term appears and inserting ‘‘this section’’; 


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1 (3) in paragraph (4), by inserting ‘‘or sub2 section (d)’’ after ‘‘this subsection’’; and 

3 (4) in paragraph (5)— 

4 (A) by inserting ‘‘and subsection (d)’’ after 

5 ‘‘this subsection’’; and 

6 (B) by striking ‘‘hereunder’’ and inserting 

7 ‘‘under such provisions’’. 

8 (c) REGULATIONS; EFFECTIVE DATE.— 

9 (1) REGULATIONS.—Not later than 1 year after 

10 the date of enactment of this Act, the Secretary of 

11 the Interior shall promulgate regulations to define 

12 the term ‘‘minimal quantities’’ for purposes of sub13 section (d)(1)(A) of section 42 of title 18, United 

14 States Code, as added by subsection (a)(2). 

15 (2) EFFECTIVE DATE.—Subsection (d) of sec16 tion 42 of title 18, United States Code, as added by 

17 subsection (a)(2), shall take effect on the date that 

18 is 1 year after the date of enactment of this Act. 

Æ 


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