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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2856 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2856

  To amend the Lacey Act Amendments of 1981 to prohibit 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 HOUSE OF REPRESENTATIVES

                             July 30, 2013

Mr. Fitzpatrick (for himself, Mr. Blumenauer, Mr. Moran, Mr. Farr, and 
 Mr. Conyers) introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
  To amend the Lacey Act Amendments of 1981 to prohibit 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 by inserting before the period at the end ``or any 
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 inserting 
                        ``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 ``(e)'' and all that follows 
                through paragraph (1) and inserting the following:
    ``(e) Captive Wildlife Offense.--
            ``(1) In general.--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.''; and
                    (B) in paragraph (2)--
                            (i) by striking so much as precedes 
                        subparagraph (A) and inserting the following:
            ``(2) Limitation on application.--Paragraph (1) does not 
        apply to any person who--'';
                            (ii) in subparagraph (A), by inserting 
                        before the semicolon at the end ``and does not 
                        allow direct contact between the public and 
                        prohibited wildlife species'';
                            (iii) in subparagraph (B), by striking 
                        ``State-licensed wildlife rehabilitator,'';
                            (iv) in subparagraph (C)--
                                    (I) in clauses (ii) and (iii), by 
                                striking ``animals listed in section 
                                2(g)'' each place it appears and 
                                inserting ``prohibited wildlife 
                                species'';
                                    (II) in clause (iv), by striking 
                                ``animals'' and inserting ``prohibited 
                                wildlife species''; and
                                    (III) by striking ``or'' after the 
                                semicolon at the end;
                            (v) in subparagraph (D)--
                                    (I) by striking ``animal'' each 
                                place it appears and inserting 
                                ``prohibited wildlife species''; and
                                    (II) by striking the period at the 
                                end and inserting ``; or''; and
                            (vi) by adding at the end the following:
                    ``(E) is transporting a nonhuman primate solely for 
                the purpose of assisting an individual who is 
                permanently disabled with a severe mobility impairment, 
                if--
                            ``(i) the nonhuman primate is a single 
                        animal of the genus Cebus;
                            ``(ii) the nonhuman primate was obtained 
                        from, and trained at, a licensed nonprofit 
                        organization that before July 18, 2008, was 
                        exempt from taxation under section 501(a) of 
                        the Internal Revenue Code of 1986 and described 
                        in sections 501(c)(3) and 170(b)(1)(A)(vi) of 
                        such Code on the basis that the mission of the 
                        organization is to improve the quality of life 
                        of severely mobility-impaired individuals;
                            ``(iii) the person transporting the 
                        nonhuman primate is a specially trained 
                        employee or agent of a nonprofit organization 
                        described in clause (ii) that is transporting 
                        the nonhuman primate to or from a designated 
                        individual who is permanently disabled with a 
                        severe mobility impairment;
                            ``(iv) the person transporting the nonhuman 
                        primate carries documentation from the 
                        applicable nonprofit organization that includes 
                        the name of the designated individual referred 
                        to in clause (iii);
                            ``(v) the nonhuman primate is transported 
                        in a secure enclosure that is appropriate for 
                        that species;
                            ``(vi) the nonhuman primate has no contact 
                        with any animal or member of the public, other 
                        than the designated individual referred to in 
                        clause (iii); and
                            ``(vii) the transportation of the nonhuman 
                        primate is in compliance with--
                                    ``(I) all applicable State and 
                                local restrictions regarding the 
                                transport; and
                                    ``(II) all applicable State and 
                                local requirements regarding permits or 
                                health certificates.''.
    (b) Civil Penalties.--Section 4(a) of the Lacey Act Amendments of 
1981 (16 U.S.C. 3373(a)) is amended--
            (1) in paragraph (1), by inserting ``(e),'' after 
        ``subsections (b), (d),''; and
            (2) in paragraph (1), 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 paragraphs (1)(A) and (1)(B) and in the first 
        sentence of paragraph (2), by inserting ``(e),'' after 
        ``subsections (b), (d),'' each place it appears; and
            (2) in paragraph (3), by inserting ``, (e),'' after 
        ``subsection (d)''.
    (d) Effective Date; Regulations.--
            (1) Effective date.--Subsections (a) through (c), and the 
        amendments made by those subsections, shall take effect on the 
        earlier of--
                    (A) the date of promulgation of regulations under 
                paragraph (2); and
                    (B) the expiration of the period referred to in 
                paragraph (2).
            (2) Regulations.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of the Interior shall 
        promulgate regulations implementing the amendments made by this 
        section.

SEC. 4. APPLICABILITY PROVISION AMENDMENT.

    Section 3 of the Captive Wildlife Safety Act (117 Stat. 2871; 
Public Law 108-191) is amended--
            (1) in subsection (a), by striking ``(a) In General.--
        Section 3'' and inserting ``Section 3''; and
            (2) by striking subsection (b).

SEC. 5. 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) The Secretary shall, in consultation with other 
        relevant Federal and State agencies, promulgate regulations to 
        implement section 3(e).''.
                                 <all>
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