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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3606 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3606

 To establish an improved regulatory process for injurious wildlife to 
  prevent the introduction and establishment in the United States of 
  nonnative wildlife and wild animal pathogens and parasites that are 
                         likely to cause harm.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 20, 2012

Mrs. Gillibrand introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
 To establish an improved regulatory process for injurious wildlife to 
  prevent the introduction and establishment in the United States of 
  nonnative wildlife and wild animal pathogens and parasites that are 
                         likely to cause harm.

    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 ``Invasive Fish and Wildlife 
Prevention Act of 2012''.

SEC. 2. PURPOSE.

    The purpose of this Act is to establish an improved regulatory 
process for injurious wildlife to prevent the introduction and 
establishment in the United States of nonnative wildlife and wild 
animal pathogens and parasites that are likely to cause--
            (1) economic or environmental harm; or
            (2) harm to humans or animal health.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Approved wildlife sanctuary.--The term ``approved 
        wildlife sanctuary'' means a sanctuary that cares for wildlife 
        species that--
                    (A)(i) is a corporation that is exempt from 
                taxation under section 501(a) of the Internal Revenue 
                Code 1986 and is described in sections 501(c)(3) and 
                170(b)(1)(A)(vi) of that Code; or
                    (ii) is an educational entity;
                    (B) does not commercially trade in animals 
                regulated under this Act, including offspring, parts, 
                and byproducts of those animals;
                    (C) does not propagate animals regulated under this 
                Act; and
                    (D) meets any additional criteria that the Service 
                determines are necessary and consistent with the 
                purpose of this Act.
            (2) Aquatic nuisance species task force.--The term 
        ``Aquatic Nuisance Species Task Force'' means the Aquatic 
        Nuisance Species Task Force established under section 1201 of 
        the Nonindigenous Aquatic Nuisance Prevention and Control Act 
        of 1990 (16 U.S.C. 4702).
            (3) Fund.--The term ``Fund'' means the Injurious Wildlife 
        Prevention Fund established by section 16(a).
            (4) Import.--The term ``import'' means to bring into, or 
        introduce into, or attempt to bring into, or introduce into, 
        any place subject to the jurisdiction of the United States, 
        regardless of whether the bringing into or introduction 
        constitutes an importation within the meaning of the customs 
        laws of the United States.
            (5) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (6) National invasive species council.--The term ``National 
        Invasive Species Council'' means the National Invasive Species 
        Council established by Executive Order 13112 on February 8, 
        1999 (64 Fed. Reg. 6183).
            (7) Native.--The term ``native'', with respect to a 
        wildlife taxon, means a wildlife taxon that historically 
        occurred or currently occurs in the United States, other than 
        as a result of an intentional or unintentional introduction by 
        humans.
            (8) Nonnative wildlife taxon.--
                    (A) In general.--The term ``nonnative wildlife 
                taxon'' means any family, genus, species, or subspecies 
                of live animal that is not native to the United States, 
                regardless of whether the animal was born or raised in 
                captivity.
                    (B) Inclusions.--The term ``nonnative wildlife 
                taxon'' includes any viable egg, sperm, gamete, or 
                other reproductive material or offspring of an animal 
                of a family, genus, species, or subspecies described in 
                subparagraph (A).
                    (C) Exclusions.--The term ``nonnative wildlife 
                taxon'' does not include--
                            (i) any taxon that is--
                                    (I) specifically defined or 
                                regulated as a plant pest or approved 
                                for biological control purposes under 
                                the Plant Protection Act (7 U.S.C. 7701 
                                et seq.); or
                                    (II) defined or regulated as a 
                                threat to livestock or poultry under 
                                the Animal Health Protection Act (7 
                                U.S.C. 8301 et seq.); or
                            (ii) any common and clearly domesticated 
                        species or subspecies, including--
                                    (I) cat (Felis catus);
                                    (II) cattle or oxen (Bos taurus);
                                    (III) chicken (Gallus gallus 
                                domesticus);
                                    (IV) common canary (Serinus canaria 
                                domesticus);
                                    (V) dog (Canis lupus familiaris);
                                    (VI) donkey or ass (Equus asinus);
                                    (VII) domesticated members of the 
                                family Anatidae (geese);
                                    (VIII) duck (domesticated Anas 
                                spp.);
                                    (IX) domesticated ferret (Mustela 
                                furo);
                                    (X) gerbil (Meriones unguiculatus);
                                    (XI) goat (Capra aegagrus hircus);
                                    (XII) guinea pig or Cavy (Cavia 
                                porcellus);
                                    (XIII) goldfish (Carassius auratus 
                                auratus);
                                    (XIV) domesticated hamsters 
                                (Cricetulus griseus, Mesocricetus 
                                auratus, Phodopus campbelli, Phodopus 
                                sungorus, and Phodopus roborovskii);
                                    (XV) horse (Equus caballus);
                                    (XVI) llama (Lama glama);
                                    (XVII) mule or hinny (Equus 
                                caballus x E. asinus);
                                    (XVIII) pig or hog (Sus scrofa 
                                domestica);
                                    (XIX) domesticated varieties of 
                                rabbit (Oryctolagus cuniculus);
                                    (XX) sheep (Ovis aries); or
                                    (XXI) any other species or 
                                subspecies that the Service determines 
                                to be common and clearly domesticated.
            (9) Person.--The term ``person'' means--
                    (A) an individual, corporation, partnership, trust, 
                association, or other private entity;
                    (B) any officer, employee, agent, department, or 
                instrumentality of the Federal Government, or of any 
                tribal government, or of any State, municipality, or 
                political subdivision of a State, or of any foreign 
                government; and
                    (C) any other entity subject to the jurisdiction of 
                the Federal United States.
            (10) Qualified institution.--The term ``qualified 
        institution'' means an institution that is determined by the 
        Service to be--
                    (A) for scientific, veterinary, or medical research 
                or education, or a zoo or aquarium accredited by the 
                Association of Zoos and Aquariums; or
                    (B) an approved wildlife sanctuary.
            (11) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (12) Service.--The term ``Service'' means the United States 
        Fish and Wildlife Service.
            (13) State.--The term ``State'' means--
                    (A) each of the several States of the United 
                States;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) Guam;
                    (E) American Samoa;
                    (F) the Commonwealth of the Northern Mariana 
                Islands;
                    (G) the Federated States of Micronesia;
                    (H) the Republic of the Marshall Islands;
                    (I) the Republic of Palau; and
                    (J) the United States Virgin Islands.
            (14) United states.--The term ``United States'' means--
                    (A) the States; and
                    (B) any land and water, including the territorial 
                sea and the Exclusive Economic Zone, within the 
                jurisdiction or sovereignty of the Federal Government.

SEC. 4. PROPOSALS FOR REGULATION OF NONNATIVE WILDLIFE TAXA.

    (a) Proposals.--Any person or entity, or the Service, at the 
discretion of the Service, may propose the regulation of, or revised 
regulation of, 1 or more taxa.
    (b) Information.--A proposal by a person or agency should include 
adequate information to allow the Service to determine whether the 
taxon meets the criteria for designation as Injurious I or Injurious II 
under section 5(a)(1)(A).
    (c) Public and Agency Comment.--Upon receipt of a proposal that the 
Service determines to be complete, and for any proposal the Service 
elects to prepare, the Service shall publish notice of the proposal in 
the Federal Register and provide an opportunity for at least 60 days of 
public comment.
    (d) Determination.--Not later than 180 days after the date of 
publication of a proposal under subsection (c), or as soon thereafter 
as is feasible, the Service shall make a determination as to whether 
the proposal should be approved or disapproved.
    (e) Notice of Determination.--The Service shall--
            (1) publish in the Federal Register notice of the 
        determination made under subsection (d); and
            (2) make the basis for the determination available on a 
        publicly available Federal Internet site.

SEC. 5. SCIENTIFIC RISK ASSESSMENT AND RISK DETERMINATION REGULATIONS.

    (a) Assessment and Determination.--
            (1) In general.--The Secretary, acting through the Service, 
        shall promulgate regulations--
                    (A) to further specify the criteria for regulating 
                a nonnative wildlife taxon as--
                            (i) an Injurious I taxon, which shall be a 
                        taxon--
                                    (I) that the Service determines--
                                            (aa) to be injurious to 
                                        human beings, the interests of 
                                        agriculture, horticulture, or 
                                        forestry, or wildlife or 
                                        wildlife resources of the 
                                        United States; and
                                            (bb) to have a high degree 
                                        of potential harm and is a 
                                        taxon with which qualified 
                                        institutions have not 
                                        previously had significant 
                                        experience in maintaining 
                                        successfully in captivity and 
                                        preventing escapes or releases; 
                                        and
                                    (II) the importation and 
                                transportation of which in interstate 
                                commerce shall be conducted only 
                                pursuant to a permit issued under 
                                section 12 to a qualified institution; 
                                or
                            (ii) an Injurious II taxon, which shall be 
                        a taxon--
                                    (I) that the Service determines--
                                            (aa) to be injurious to 
                                        human beings, the interests of 
                                        agriculture, horticulture, or 
                                        forestry, or wildlife or 
                                        wildlife resources of the 
                                        United States; but
                                            (bb) to have a degree of 
                                        potential for harm that is less 
                                        than the degree of potential 
                                        harm of an Injurious I taxon or 
                                        is a taxon with which qualified 
                                        institutions have previously 
                                        had significant experience in 
                                        maintaining successfully in 
                                        captivity and preventing 
                                        escapes or releases; and
                                    (II) for which no permit is 
                                required if the taxon is--
                                            (aa) imported to a 
                                        qualified institution;
                                            (bb) transported in 
                                        interstate commerce and 
                                        intrastate commerce to and 
                                        among qualified institutions; 
                                        or
                                            (cc) held by a qualified 
                                        institution;
                    (B) to establish a process for assessing and 
                analyzing the risks of taxa that may have been, or 
                foreseeably could be, imported into, or found in 
                interstate commerce within, the United States; and
                    (C) that may also provide for cases in which 
                exceptions or additions to the Injurious I taxon or 
                Injurious II taxon criteria may be necessary to address 
                extraordinary risks.
            (2) Basis, availability, and review.--The Service shall--
                    (A) ensure that the risk assessment and risk 
                determination processes conducted under this section 
                are based on sound science; and
                    (B) make the results of each such assessment and 
                determination available to the public.
            (3) Previously listed taxa.--Each wildlife taxon previously 
        designated by statute or by the Secretary as injurious under 
        section 42(a) of title 18, United States Code (including under 
        any regulation promulgated under that authority), shall, after 
        the effective date of the final regulations promulgated under 
        this subsection, be promptly designated by the Service as an 
        Injurious I taxon or Injurious II taxon under this subsection, 
        based on a determination by the Service of whether the taxon 
        meets the criteria described in clause (i) or (ii), 
        respectively, of paragraph (1)(A).
            (4) Deadlines.--
                    (A) Proposed regulations.--Not later than 1 year 
                after the date of enactment of this Act, the Secretary 
                shall publish in the Federal Register a proposed 
                version of the regulations required under this 
                subsection.
                    (B) Final regulations.--Not later than 18 months 
                after the date of enactment of this Act, the Secretary 
                shall promulgate final regulations required under this 
                subsection, including a public notification of the 
                process for submission of a proposal under section 
                4(a).
                    (C) Additional requirement of pre-import risk 
                screening for all taxa novel to the united states.--
                            (i) In general.--Five years after the date 
                        of enactment of this Act, the Secretary shall 
                        by regulation--
                                    (I) define the phrase ``non-native 
                                wildlife taxa novel to the United 
                                States'' for the purpose of this 
                                section; and
                                    (II) set forth a process to ensure 
                                that all unregulated non-native 
                                wildlife taxa novel to the United 
                                States are thereafter reviewed by the 
                                Service prior to allowance of their 
                                importation to the United States to 
                                determine whether they should be 
                                regulated under any of clause (i) or 
                                (ii) of paragraph (1)(A).
                            (ii) Avoidance of new incentives.--In 
                        promulgating the regulation under clause (i), 
                        the Secretary shall seek to avoid creating a 
                        new incentive for animal importers to import 
                        novel taxa prior to the effective date of the 
                        regulation.
                            (iii) New regulation for imports of taxa 
                        novel to the united states.--Not later than 1 
                        year after the date of promulgation of the 
                        regulation under clause (i), the Secretary 
                        shall implement the regulation.
    (b) Scientific Risk Assessment.--The regulations promulgated under 
subsection (a) shall require consideration, in an initial scientific 
risk assessment of a taxon, of at least--
            (1) the scientific name and native range of the taxon;
            (2) whether the taxon has established or spread, or caused 
        harm to the economy, the environment, or the health of other 
        animal species in the United States or in an ecosystem similar 
        to an ecosystem in the United States;
            (3) whether environmental conditions suitable for the 
        establishment or spread of the taxon exist or will exist in the 
        United States;
            (4) the likelihood of establishment and spread of the 
        taxon;
            (5) whether the taxon will cause harm to human beings, to 
        the interests of agriculture, horticulture, forestry, or to 
        wildlife or the wildlife resources of the United States;
            (6) whether the taxon will damage land, water, or 
        facilities of the National Park System or other public land;
            (7) the best available scientific risk screening systems or 
        predictive models that apply to the taxon; and
            (8) other factors important to assessing risks, if any, 
        associated with the taxon, in accordance with the purpose of 
        this Act.
    (c) Risk Determination.--Prior to designating any nonnative 
wildlife taxon as an Injurious I taxon or Injurious II taxon under 
subsection (a), after conducting a risk assessment, the Service shall 
prepare a risk determination that takes into consideration--
            (1) the results of the risk assessment; and
            (2) at a minimum--
                    (A) the capabilities and any efforts of States, 
                local governments, and Indian tribes to address the 
                risks, if any, identified by the Service with respect 
                to the taxon, including the results of any risk 
                assessments conducted for the taxon that are available 
                to the Service;
                    (B) the potential for reduction, mitigation, 
                control, and management of any risks identified; and
                    (C) whether any risks identified already are 
                adequately addressed under other applicable law.
    (d) Discretionary Analysis.--
            (1) In general.--In preparing the risk determination for a 
        taxon, the Service may consider the economic, social, and 
        cultural impacts of a decision on whether to regulate the 
        taxon.
            (2) Other requirements.--This section shall satisfy the 
        requirements of, and apply in lieu of any other requirement to 
        complete an analysis under, any other law (including a 
        regulation or Executive order) on economic, social, or cultural 
        impact.
    (e) Notice and Consultation.--In promulgating regulations under 
subsection (a), the Service shall notify and consult with, at a 
minimum--
            (1) affected States, Indian tribes, and other stakeholders;
            (2) the Aquatic Nuisance Species Task Force;
            (3) the National Invasive Species Council;
            (4) the Department of Agriculture;
            (5) the Centers for Disease Control and Prevention; and
            (6) the National Oceanic and Atmospheric Administration.

SEC. 6. EMERGENCY TEMPORARY DESIGNATION.

    (a) In General.--If the Service determines an emergency exists 
because an unregulated nonnative wildlife taxon poses an imminent 
threat of harm to individuals in or wildlife of the United States, or 
the economy or environment of the United States, the Service may 
immediately temporarily designate the nonnative wildlife taxon as 
Injurious I in accordance with section 5(a)(1)(A)(i).
    (b) Notice of Temporary Designation.--The Service shall promptly--
            (1) publish in the Federal Register notice of each 
        temporary designation under this subsection; and
            (2) make the basis for the designation available on a 
        publicly available Federal Internet site and through other 
        appropriate means.
    (c) Determination.--Not later than 1 year after temporarily 
designating a nonnative wildlife taxon using the emergency authority 
under this section, the Service shall--
            (1) make a final determination regarding whether the taxon 
        should be further regulated under either of clause (i) or (ii) 
        of section 5(a)(1)(A);
            (2) publish notice of that final determination in the 
        Federal Register; and
            (3) make the basis for the determination available on a 
        publicly available Federal Internet site.
    (d) Limitation on Procedures.--The procedures under sections 4 and 
5 of this Act and section 553 of title 5, United States Code, shall not 
apply to temporary designations under this section.
    (e) State Requests.--If the Governor of a State requests a 
temporary emergency designation under this section, the Service shall 
respond promptly with a written determination on the request.

SEC. 7. INFORMATION ON IMPORTED ANIMALS.

    (a) Improved Information.--The Service shall--
            (1) not later than 18 months after the date of enactment of 
        this Act, establish an electronic database that describes, 
        using scientific names to the species level (or subspecies 
        level, if applicable), all quantities of imports of all live 
        wildlife, and the regulatory status of the wildlife, in a form 
        that permits that information to be rapidly accessed; and
            (2) not later than 30 days after the date of importation of 
        wildlife described in paragraph (1), make the information 
        described in that paragraph (other than confidential business 
        information associated with those imports that is protected 
        under other Federal law) available on a publicly available 
        Federal Internet site.
    (b) Annual Report of Information.--Not later than 3 years after the 
date of enactment of this Act, and not later than each April 1 
thereafter, the Service shall issue, including on a publicly available 
Federal Internet site, a report that includes, at a minimum, a 
description of--
            (1) all nonnative wildlife imported, using scientific names 
        of the wildlife to the species or subspecies level, to the 
        extent known; and
            (2) cumulative quantities of imported wildlife and the 
        regulatory status of the wildlife.
    (c) Monitoring Import Information.--In consultation with 
inspection, customs, and border officials in the Departments of 
Agriculture and Homeland Security, the Service shall regularly--
            (1) monitor the identities and quantities of nonnative 
        wildlife taxa being imported, with particular emphasis on 
        wildlife newly in the import trade to the United States; and
            (2) determine, to the maximum extent practicable, whether 
        the newly traded taxa would meet the criteria for regulation, 
        and should be regulated, under any of clause (i) or (ii) of 
        section 5(a)(1)(A).

SEC. 8. INJURIOUS WILDLIFE DETERMINATIONS.

    (a) In General.--Immediately upon the date of enactment of this 
Act, the Secretary shall make more rapid determinations on proposals 
for regulation of wildlife under section 42 of title 18, United States 
Code.
    (b) Streamlining of Determinations.--In carrying out subsection (a) 
and other provisions of this Act, the Secretary--
            (1) shall use the best available scientific risk screening 
        systems or predictive models that apply to the taxon under 
        consideration;
            (2) shall forego time-consuming optional administrative 
        steps, unless the Secretary determines the steps to be 
        essential; and
            (3) notwithstanding chapter 6, and section 804, of title 5, 
        United States Code, may forego economic impact analyses.

SEC. 9. EFFECT ON INJURIOUS WILDLIFE PROVISION.

    This Act and the regulations promulgated under this Act shall take 
precedence over any conflicting regulation promulgated under section 42 
of title 18, United States Code.

SEC. 10. PREVENTION OF WILDLIFE PATHOGENS AND PARASITES.

    (a) In General.--The Secretary shall have the primary authority to 
prevent, and the primary responsibility for preventing, the importation 
of, and interstate commerce in, wildlife pathogens and harmful 
parasites.
    (b) Regulations.--
            (1) In general.--In addition to regulations required under 
        section 5(a), the Secretary shall promulgate such regulations 
        as are necessary--
                    (A) to minimize the likelihood of introduction or 
                dissemination of any disease or harmful parasite of 
                native or nonnative wildlife; and
                    (B) to impose any additional necessary import 
                restrictions, including management measures, health 
                certifications, quarantine requirements, specifications 
                for conveyances, holding water, and associated 
                materials, shipment and handling requirements, and 
                other measures that the Secretary determines to be 
                necessary--
                            (i) to prevent the importation of, and 
                        interstate commerce in, wildlife pathogens and 
                        harmful parasites; and
                            (ii) to address--
                                    (I) a particular taxon;
                                    (II) the place of origin of a 
                                particular taxon; and
                                    (III) the conveyance and materials 
                                associated with wildlife transport.
    (c) Relationship to Other Authorities.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary shall exclude from regulation under this section any 
        pathogen, parasite, or host taxon that is--
                    (A) defined or regulated by the Department of 
                Health and Human Services as a threat to humans under 
                section 361 of the Public Health Service Act (42 U.S.C. 
                264);
                    (B) defined or regulated by the Department of 
                Agriculture as a threat to livestock or poultry under 
                the Animal Health Protection Act (7 U.S.C. 8301 et 
                seq.); or
                    (C) specifically defined or regulated by the 
                Department of Agriculture as a plant pest or approved 
                for biological control purposes under the Plant 
                Protection Act (7 U.S.C. 7701 et seq.).
            (2) Exception.--The Secretary may regulate a pathogen, 
        parasite, or host taxon described in any of subparagraphs (A) 
        through (C) of paragraph (1) to the extent that the taxon also 
        poses a wildlife disease risk.
    (d) Coordination.--
            (1) In general.--In promulgating regulations under and 
        otherwise carrying out this section and section 7, the 
        Secretary shall consult and coordinate with--
                    (A) other Federal agencies and departments with 
                authority to regulate taxa;
                    (B) State wildlife agencies;
                    (C) State veterinarians; and
                    (D) other officials with related authorities.
            (2) Consultation by secretary of agriculture.--In any case 
        in which the Secretary of Agriculture participates in the World 
        Organization for Animal Health, the Secretary of Agriculture 
        shall confer and consult with the Secretary on any matters 
        relating to prevention of wildlife diseases that may threaten 
        the United States.

SEC. 11. PROHIBITIONS.

    (a) Prohibitions.--Except as provided in this section or section 
12, it shall be unlawful for any person subject to the jurisdiction of 
the United States--
            (1) to import into the United States any nonnative wildlife 
        taxon the Service has designated as Injurious I or Injurious II 
        under section 5(a)(1)(A) or under section 6, or to knowingly 
        possess such an animal, or the descendant of such an animal, 
        that was imported in violation of this subsection;
            (2) to engage in interstate commerce for any nonnative 
        wildlife taxon described in paragraph (1), or to knowingly 
        possess such an animal, or the descendant of an animal, that 
        was transported in interstate commerce in violation of this 
        subsection;
            (3) to violate any term or condition of a permit issued to 
        a qualified institution under section 12 for a taxon designated 
        as Injurious I under clause (i) of section 5(a)(1)(A) or under 
        section 6;
            (4) to release into the wild any nonnative wildlife taxon 
        described in paragraph (1);
            (5) to violate any additional regulation promulgated by the 
        Secretary as necessary to prevent the importation of, and 
        interstate commerce in, wildlife pathogens and harmful 
        parasites under this Act; or
            (6) to attempt any of the prohibited actions described in 
        paragraphs (1) through (5).
    (b) Exemption for Interstate Transportation of Animals of Later-
Regulated Taxa.--
            (1) In general.--Except as provided in paragraph (2), an 
        individual animal that was lawfully owned prior to the taxa to 
        which the animal belongs being regulated by the Service under 
        this Act as Injurious II may be transported interstate without 
        a permit by any person for noncommercial purposes only.
            (2) Exception.--The exemption under paragraph (1) does not 
        apply to an animal of any taxa designated by the Service as 
        Injurious I.
    (c) Limitation on Application.--
            (1) In general.--The prohibitions in this section shall not 
        apply to--
                    (A) any action by Federal, State, tribal, or local 
                law enforcement personnel to enforce this section; and
                    (B) any action by Federal, State, tribal, or local 
                officials to prevent the introduction or establishment 
                of nonnative wildlife, or wildlife pathogens or 
                parasites, including actions to transport, hold, and 
                shelter animals of taxa regulated under this Act.
            (2) Importation and transportation by federal agencies.--
        Nothing in this Act shall restrict the importation or 
        transportation between any States of nonnative wildlife by a 
        Federal agency for the use of the Federal agency if the 
        nonnative wildlife remains in the possession of a Federal 
        agency.
    (d) Effective Date.--This section takes effect on the date that is 
30 days after the date of promulgation of the final regulations under 
section 5(a).

SEC. 12. PERMITS AND EXEMPTIONS FOR QUALIFIED INSTITUTIONS AND LIVE 
              ANIMAL TRANSPORTERS.

    (a) Permits.--The Service may issue to a qualified institution a 
permit authorizing any of the actions otherwise prohibited under 
section 11 for any wildlife taxon designated under clause (i) or (ii) 
of section 5(a)(1)(A) or under section 6.
    (b) Terms and Conditions.--The Service may include in a permit 
under subsection (a) terms and conditions to minimize the risk of 
introduction or establishment of nonnative wildlife, pathogens, and 
parasites in the United States.
    (c) Exemption and Reporting.--
            (1) In general.--No permit shall be required for any 
        qualified institution or any live animal transportation company 
        or other live animal transporter that is in temporary 
        possession of an animal delivering it to, or transporting it 
        from, a qualified institution, to import or transport (on an 
        interstate or intrastate basis), or possess or breed, any taxon 
        that the Service has designated as an Injurious II taxon under 
        section 5(a)(1)(A)(ii).
            (2) Exclusions.--The exemption described in paragraph (1) 
        does not include the transfer of ownership of an Injurious II 
        taxon to any person or entity other than to another qualified 
        institution.
            (3) Record.--Each qualified institution or live animal 
        transporter that imports, transports (on an interstate or 
        intrastate basis), possesses, or breeds any taxa designated as 
        Injurious II shall maintain records, subject to annual 
        inspection by the Service, at the discretion of the Service, 
        that summarize the transactions of the qualified institution or 
        live animal transporter for the covered taxa.
    (d) Regulations; List of Qualified Institutions.--The Secretary 
shall--
            (1) promulgate regulations to implement this section; and
            (2) maintain a current roster of designated qualified 
        institutions on a publicly available Federal Internet site and 
        through other appropriate means.

SEC. 13. USER FEES.

    (a) Definition of Live Wildlife Shipments.--In this section, the 
term ``live wildlife shipment'' does not include shipments made by 
qualified institutions for scientific, veterinary, or medical research, 
education, conservation outreach, or display purposes.
    (b) Reasonable Fee.--Not later than 2 years after the date of 
enactment of this Act, the Secretary shall propose, and subsequently 
adopt, by regulation, a reasonable fee to be charged on imported live 
wildlife shipments for use in recovering a portion of the costs of--
            (1) improving the information available on the importation 
        and interstate commerce trade of wildlife;
            (2) monitoring that information under section 7;
            (3) conducting risk assessments and risk analyses for 
        nonnative wildlife taxa in that trade under sections 4 and 5;
            (4) making emergency designations under section 6; and
            (5) preventing wildlife pathogens and parasites under 
        section 10.
    (c) Cost Recovery Purpose.--The purpose of the user fees in this 
section shall be to recover approximately 75 percent of the Service's 
costs of the services it undertakes listed in subsection (b), after 
such date as the user fee regulation under subsection (b) is fully 
implemented and the amounts of the fees received have been appropriated 
to the Injurious Wildlife Prevention Fund pursuant to section 
16(b)(2)(A) for at least one full fiscal year.
    (d) Fee Limit.--The amount of the additional fee to be charged on 
any live wildlife shipment under this section shall be set by the 
Secretary only after fully considering public comments on the proposed 
fee regulation and it shall be charged broadly and fairly across the 
live wildlife import industry and at the lowest level feasible to 
achieve the cost recovery purpose in subsection (c). The fees shall be 
set so that the annual total fee revenue shall not exceed the amount of 
the annual total fee revenue of the fee charged by the Service under 
the inspection program of the Service to oversee the importation of 
live wildlife carried out pursuant to--
            (1) section 11(f) of the Endangered Species Act of 1973 (16 
        U.S.C. 1540(f));
            (2) subpart I of part 14 of title 50, Code of Federal 
        Regulations (or successor regulations); and
            (3) other applicable authority.

SEC. 14. RELATIONSHIP TO STATE LAW.

    (a) Purpose.--The general purpose of this Act is improving Federal 
regulation of international importation and interstate commerce in 
injurious wildlife taxa. Possession of lawfully obtained injurious 
wildlife taxa within a State is intended to be a matter of State law 
and not to be Federally regulated or to require a Federal permit under 
this Act.
    (b) In General.--Except as provided in subsection (c), nothing in 
this Act, or in the regulations and determinations to be promulgated or 
issued by the Secretary or the Service under this Act, preempts or 
otherwise affects the application of any State law that establishes 
more stringent requirements for--
            (1) the importation, transportation, possession, sale, 
        purchase, release, breeding of, or bartering for, or any other 
        transaction involving, any nonnative wildlife taxon; or
            (2) the prevention of wildlife pathogens and harmful 
        parasites.
    (c) Limitation on Application of Prohibitions To Prevent Release.--
The Service may limit the application of this Act to facilitate 
implementation of any State, local, or tribal program that results in 
voluntary surrender of regulated nonnative wildlife, if the Service 
determines that the limitation will prevent the release of that 
wildlife.

SEC. 15. PENALTIES AND SANCTIONS.

    (a) Civil Penalties.--
            (1) Civil administrative penalties.--
                    (A) In general.--Any person who is found by the 
                Secretary, after notice and opportunity for a hearing 
                conducted in accordance with section 554 of title 5, 
                United States Code, to have committed any act 
                prohibited by section 11 shall be liable to the United 
                States for a civil penalty in an amount not to exceed 
                $10,000 for each violation.
                    (B) Subpoena power.--For the purposes of conducting 
                any investigation or hearing under this Act, the 
                Secretary may--
                            (i) issue subpoenas for the attendance and 
                        testimony of witnesses and the production of 
                        relevant papers, books, and documents; and
                            (ii) administer oaths.
            (2) Civil judicial penalties.--Any person who violates any 
        provision of this Act, or any regulation promulgated or permit 
        issued under this Act, shall be subject to a civil penalty in 
        an amount not to exceed $500 for each such violation.
    (b) Criminal Offenses.--Any person who knowingly violates any 
provision of this Act, or any regulation promulgated or permit issued 
under this Act, shall, upon conviction, be guilty of a class A 
misdemeanor.
    (c) Natural Resource Damages.--All costs relating to the mitigation 
of injury caused by a violation of this Act shall be borne by the 
person that violated this Act.
    (d) Enforcement.--
            (1) Other powers and authorities.--Any person authorized by 
        the Secretary to enforce this Act shall have the same 
        authorities as are described in section 6 of the Lacey Act 
        Amendments of 1981 (16 U.S.C. 3375).
            (2) Forfeiture.--
                    (A) In general.--A person who is determined to have 
                violated any provision of this Act shall forfeit to the 
                United States--
                            (i) any property, real or personal, taken 
                        or retained in connection with or as a result 
                        of the offense; and
                            (ii) any property, real or personal, used 
                        or intended to be used to commit or to 
                        facilitate the commission of the offense.
                    (B) Disposal of property.--Upon the forfeiture to 
                the United States of any property or item described in 
                clause (i) or (ii) of subparagraph (A), or upon the 
                abandonment or waiver of any claim to any such property 
                or item, the property or item shall be disposed of by 
                the Secretary in a manner consistent with the purpose 
                of this Act.
    (e) Application of Customs Laws.--All powers, rights, and duties 
conferred or imposed by the customs laws upon any officer or employee 
of the Customs Service may, for the purpose of this Act, be exercised 
or performed by the Secretary, or by such officers or employees of the 
United States as the Secretary may designate.

SEC. 16. INJURIOUS WILDLIFE PREVENTION FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a Fund, to be known as the ``Injurious Wildlife 
Prevention Fund'', to be administered by the Secretary, and to be 
available without fiscal year limitation and subject to appropriation, 
for use in accordance with subsection (c).
    (b) Transfers to Fund.--
            (1) In general.--The Fund shall consist of such amounts as 
        are appropriated to the Fund under paragraph (2).
            (2) Fees and penalties.--There are appropriated to the 
        Fund, out of funds of the Treasury not otherwise appropriated, 
        amounts equivalent to amounts collected--
                    (A) as user fees and received in the Treasury under 
                section 13(a);
                    (B) as civil administrative or judicial penalties 
                under section 15; and
                    (C) as a civil penalty for any violation of section 
                42 of title 18, United States Code (including a 
                regulation promulgated under that section).
    (c) Use of Funds.--
            (1) In general.--Of the amounts deposited in the Fund for a 
        fiscal year--
                    (A) 75 percent shall be available to the Secretary 
                for use in carrying out this Act (other than paragraph 
                (2)); and
                    (B) 25 percent shall be used by the Secretary to 
                carry out paragraph (2).
            (2) Aid for state wildlife risk assessments.--
                    (A) In general.--The Secretary shall establish a 
                program to provide natural resource assistance grants 
                to States for use in supporting best practices and 
                capacity-building by States, consistent with the 
                purpose of this Act, for--
                            (i) inspecting and monitoring wildlife 
                        imports and interstate commerce; and
                            (ii) conducting assessments of risk 
                        associated with the intentional importation of 
                        nonnative wildlife taxa.
                    (B) Administration.--The program under this 
                paragraph shall be administered by the Service under 
                the Federal Aid to States program of the Service.
    (d) Prohibition.--Amounts in the Fund may not be made available for 
any purpose other than a purpose described in subsection (c).
    (e) Annual Reports.--
            (1) In general.--Not later than 60 days after the end of 
        each fiscal year beginning with fiscal year 2011, the Secretary 
        shall submit to the Committee on Appropriations of the House of 
        Representatives, the Committee on Appropriations of the Senate, 
        the Committee on Environment and Public Works of the Senate, 
        and the Committee on Natural Resources of the House of 
        Representatives a report on the operation of the Fund during 
        the fiscal year.
            (2) Contents.--Each report shall include, for the fiscal 
        year covered by the report, the following:
                    (A) A statement of the amounts deposited in the 
                Fund.
                    (B) A description of the expenditures made from the 
                Fund for the fiscal year, including the purpose of the 
                expenditures.
                    (C) Recommendations for additional authorities to 
                fulfill the purpose of the Fund.
                    (D) A statement of the balance remaining in the 
                Fund at the end of the fiscal year.
    (f) Separate Appropriations Account.--Section 1105(a) of title 31, 
United States Code, is amended--
            (1) by redesignating paragraphs (35) and (36) as paragraphs 
        (36) and (37), respectively;
            (2) by redesignating the second paragraph (33) (relating to 
        obligational authority and outlays requested for homeland 
        security) as paragraph (35); and
            (3) by adding at the end the following:
            ``(38) a separate statement for the Injurious Wildlife 
        Prevention Fund established by section 16(a) of the Invasive 
        Wildlife Prevention Act of 2012, which shall include the 
        estimated amount of deposits in the Fund, obligations, and 
        outlays from the Fund.''.

SEC. 17. RELATIONSHIP TO OTHER FEDERAL LAWS.

    Nothing in this Act--
            (1) repeals, supersedes, or modifies any provision of--
                    (A) the Public Health Service Act (42 U.S.C. 201 et 
                seq.);
                    (B) the Federal Food, Drug, and Cosmetic Act (21 
                U.S.C. 301 et seq.);
                    (C) the Plant Protection Act (7 U.S.C. 7701 et 
                seq.); or
                    (D) the Animal Health Protection Act (7 U.S.C. 8301 
                et seq.); or
            (2) authorizes any action with respect to the importation 
        of any plant pest, including a biological control agent, under 
        the Federal Plant Pest Act (7 U.S.C. 150aa et seq.), to the 
        extent that the importation is subject to regulation under that 
        Act.

SEC. 18. REQUIREMENT TO PROMULGATE REGULATIONS.

    In addition to regulations required under section 5 and other 
provisions of this Act, the Secretary shall promulgate such regulations 
as are necessary to carry out this Act.
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