I 

111TH CONGRESS 

1ST SESSION H. R. 669 

To prevent the introduction and establishment of nonnative wildlife species 

that negatively impact the economy, environment, or other animal species’ 

or human health, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 26, 2009 

Ms. BORDALLO (for herself, Mr. GEORGE MILLER of California, Mr. ABERCROMBIE, Mr. HASTINGS of Florida, Mr. KIND, Mr. MCGOVERN, Mrs. 

NAPOLITANO, Mr. GRIJALVA, Mr. KLEIN of Florida, and Mr. KILDEE) 

introduced the following bill; which was referred to the Committee on 

Natural Resources 

A BILL 

To prevent the introduction and establishment of nonnative 

wildlife species that negatively impact the economy, environment, or other animal species’ or human health, 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 ‘‘Nonnative Wildlife In5 vasion Prevention Act’’. 


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1 SEC. 2. PURPOSE. 

2 The purpose of this Act is to establish a risk assess3 ment process to prevent the introduction into, and estab4 lishment in, the United States of nonnative wildlife species 

5 that will cause or are likely to cause economic or environ6 mental harm or harm to other animal species’ health or 

7 human health. 

8 SEC. 3. RISK ASSESSMENT PROCESS FOR IMPORTATION OF 

9 NONNATIVE WILDLIFE SPECIES. 

10 (a) IN GENERAL.—The Secretary of the Interior, act11 ing through the United States Fish and Wildlife Service, 

12 shall promulgate regulations that establish a process for 

13 assessing the risk of all nonnative wildlife species proposed 

14 for importation into the United States, other than non15 native wildlife species that are included in the list of ap16 proved species issued under section 4. 

17 (b) FACTORS TO BE CONSIDERED.—The regulations 

18 promulgated under subsection (a) shall include consider19 ation of— 

20 (1) the identity of the organism to the species 

21 level, including to the extent possible specific infor22 mation on its subspecies and genetic identity; 

23 (2) the native range of the species; 

24 (3) whether the species has established or 

25 spread, or caused harm to the economy, the environ26 ment, or other animal species or human health in 


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1 ecosystems in or ecosystems that are similar to those 

2 in the United States; 

3 (4) the likelihood that environmental conditions 

4 suitable for the establishment or spread of the spe5 cies exist in the United States; 

6 (5) the likelihood of establishment of the species 

7 in the United States; 

8 (6) the likelihood of spread of the species in the 

9 United States; 

10 (7) the likelihood that the species would harm 

11 wildlife resources in the United States; 

12 (8) the likelihood that the species would harm 

13 native species that are rare or native species that 

14 have been listed as threatened species or endangered 

15 species in the United States under the Endangered 

16 Species Act of 1973 (16 U.S.C. 1531 et seq.); 

17 (9) the likelihood that the species would harm 

18 habitats or ecosystems in the United States; 

19 (10) the likelihood that pathogenic species or 

20 parasitic species may accompany the species pro21 posed for importation; and 

22 (11) other factors important to assessing the 

23 risks associated with the species, consistent with the 

24 purpose under section 2. 


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1 (c) NOTICE.—In promulgating the regulations under 

2 subsection (a), the Secretary shall provide notice to States, 

3 Indian tribes, other stakeholders concerned with environ4 mental, humane, public health, economic, trade, and other 

5 relevant issues, the Aquatic Nuisance Species Task Force, 

6 the National Invasive Species Council, the Department of 

7 Agriculture, and the Centers for Disease Control and Pre8 vention. 

9 (d) TRANSPARENCY.—The Secretary shall ensure 

10 that the risk assessment process established by the regula11 tions under subsection (a) is based on sound science and 

12 is consistent with sections 4 and 5. 

13 (e) DEADLINES.—The Secretary shall— 

14 (1) publish in the Federal Register proposed 

15 regulations under subsection (a) and a proposed pre16 liminary list of approved species under section 4(b), 

17 by not later than 2 years after the date of the enact18 ment of this Act; 

19 (2) publish in the Federal Register final regula20 tions under subsection (a), a final preliminary list of 

21 approved species under section 4(b), and a notice of 

22 the prohibitions under this Act, by not later than 30 

23 days before the date on which the Secretary begins 

24 assessing risk under the regulations; and 


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1 (3) begin assessing risk with respect to non2 native wildlife species under the final regulations 

3 promulgated under subsection (a), and publish no4 tice thereof, by not later than 37 months after the 

5 date of the enactment of this Act. 

6 (f) ANIMALS OWNED LAWFULLY PRIOR TO PROHIBI7 TION OF IMPORTATION.—This Act and regulations issued 

8 under this Act shall not interfere with the ability of any 

9 person to possess an individual animal of any species if 

10 such individual animal was legally owned by the person 

11 before the risk assessment is begun pursuant to subsection 

12 (e)(3), even if such species is later prohibited from being 

13 imported under the regulations issued under this Act. 

14 SEC. 4. LIST OF APPROVED SPECIES. 

15 (a) REQUIREMENT TO ISSUE LIST OF APPROVED

16 SPECIES.— 

17 (1) IN GENERAL.—Not later than 36 months 

18 after the date of enactment of this Act, the Sec19 retary shall publish in the Federal Register a list of 

20 nonnative wildlife species approved for importation 

21 into the United States. 

22 (2) EXCLUSION OF CERTAIN SPECIES.—The 

23 Secretary shall not include in the list— 

24 (A) any species included in the list of pro25 hibited species under section 5; or 


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1 (B) any species, the importation of which 

2 is prohibited by any other Federal law or regu3 lation of the United States due to the likelihood 

4 of causing harm to the economy, the environ5 ment, or other animal species or human health. 

6 (3) REVISION.—The Secretary may revise the 

7 list issued under this section based on available sci8 entific and commercial information. 

9 (b) PRELIMINARY LIST.— 

10 (1) IN GENERAL.—The Secretary shall include 

11 in the preliminary list under this section nonnative 

12 wildlife species that the Secretary finds, consistent 

13 with the factors described in section 3(b) and based 

14 on scientific and commercial information that is pro15 vided in a proposal under paragraph (2) or other16 wise available to the Secretary— 

17 (A) are not harmful to the United States’ 

18 economy, the environment, or other animal spe19 cies’ or human health; or 

20 (B) may be harmful to the United States’ 

21 economy, the environment, or other animal spe22 cies’ or human health, but already are so wide23 spread in the United States that it is clear to 

24 the Secretary that any import prohibitions or 


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1 restrictions would have no practical utility for 

2 the United States. 

3 (2) PROPOSALS FOR INCLUSION IN PRELIMI4 NARY LIST.—The Secretary— 

5 (A) shall, by not later than 60 days after 

6 the date of enactment of this Act, publish in 

7 the Federal Register, and make available on a 

8 publically available Federal Internet site, a re9 quest for submission, by any interested persons 

10 (including persons that import or that intend to 

11 import nonnative wildlife species), of proposals 

12 of nonnative wildlife species to be included in 

13 the preliminary list under this subsection and 

14 supporting documentation for such proposals; 

15 (B) shall accept such proposals for 10 

16 months after the date the Secretary publishes 

17 the request for submissions; and 

18 (C) may propose a nonnative wildlife spe19 cies for inclusion in the preliminary list. 

20 (3) PUBLIC NOTICE AND COMMENT.—Before 

21 issuing the final preliminary list of approved species 

22 under this subsection, the Secretary shall— 

23 (A) publish in the Federal Register and 

24 make available on a publicly available Federal 

25 Internet site, the proposed preliminary list; and 


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1 (B) provide for, a period of not less than 

2 60 days, an opportunity to submit public com3 ments on the proposed preliminary list. 

4 (4) PUBLICATION OF LIST.—The Secretary 

5 shall publish in the Federal Register and make 

6 available on a publicly available Federal Internet 

7 site, the final preliminary list under this subsection. 

8 (c) PROPOSAL FOR INCLUSION ON THE APPROVED

9 LIST.— 

10 (1) SUBMISSION OF PROPOSALS.— 

11 (A) IN GENERAL.—After publication of the 

12 final preliminary list under subsection (b)— 

13 (i) any interested person may submit 

14 to the Secretary in accordance with sub15 paragraph (B) a proposal to include a non16 native wildlife species in the approved list 

17 under this section (including a request to 

18 import such a species that is not in the list 

19 published under this section and section 5, 

20 respectively); and 

21 (ii) upon receipt of a complete pro22 posal under clause (i), the Secretary shall 

23 publish notice of the proposal in the Fed24 eral Register and provide an opportunity 


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1 for 30 days of public comment on the pro2 posal. 

3 (B) INFORMATION REQUIRED.—Any pro4 posal under this paragraph must include suffi5 cient scientific and commercial information to 

6 allow the Secretary to evaluate whether the pro7 posed nonnative wildlife species is likely to 

8 cause economic or environmental harm or harm 

9 to other animal species’ or human health. 

10 (2) DETERMINATION.—Based on scientific and 

11 commercial information provided in a proposal under 

12 paragraph (1) or otherwise available to the Sec13 retary, the Secretary shall make one of the following 

14 determinations regarding such a proposal in a rea15 sonable period of time and in accordance with the 

16 regulations issued under section 3: 

17 (A) The nonnative wildlife species is ap18 proved for importation, and is added to the list 

19 of approved species under this section. 

20 (B) The nonnative wildlife species is not 

21 approved for importation, unless permitted 

22 under section 7. 

23 (C) The Secretary has insufficient sci24 entific and commercial information to make a 

25 determination under subparagraph (A) or (B). 


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1 (3) TREATMENT OF UNAPPROVED SPECIES.—If 

2 the Secretary makes a determination under para3 graph (2)(B) that a nonnative wildlife species is not 

4 approved for importation, the Secretary shall include 

5 the nonnative wildlife species in the list of unap6 proved species under section 5. 

7 (4) NOTICE OF DETERMINATION.—The Sec8 retary shall publish in the Federal Register notice of 

9 the determination made under paragraph (2) and 

10 make available on a publicly available Federal Inter11 net site or through other appropriate means, the 

12 basis for the determination. 

13 SEC. 5. LIST OF UNAPPROVED SPECIES. 

14 (a) REQUIREMENT TO ISSUE LIST OF UNAPPROVED

15 SPECIES.— 

16 (1) IN GENERAL.—The Secretary shall publish 

17 in the Federal Register a list of nonnative wildlife 

18 species that are prohibited from importation into the 

19 United States except as provided in section 7. 

20 (2) INCLUDED SPECIES.—The list under this 

21 subsection shall include— 

22 (A) those species listed as injurious wildlife 

23 under section 42 of title 18, United States 

24 Code, or under regulations under that section, 

25 as of the date of enactment of this Act; and 


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1 (B) any other species the Secretary deter2 mines under section 4(c)(2)(B) is not approved 

3 for importation. 

4 (b) PROPOSAL FOR INCLUSION ON THE LIST OF UN5 APPROVED SPECIES.— 

6 (1) PROPOSAL.— 

7 (A) IN GENERAL.—Any person may submit 

8 to the Secretary a proposal to add to the list 

9 under this section any nonnative wildlife spe10 cies. 

11 (B) INFORMATION REQUIRED.—Any pro12 posal under this subsection must include suffi13 cient scientific and commercial information to 

14 allow the Secretary to evaluate whether the pro15 posed nonnative wildlife species is likely to 

16 cause economic or environmental harm or harm 

17 to other animal species’ or human health. 

18 (2) NOTICE.—The Secretary shall publish no19 tice of a complete proposal in the Federal Register 

20 and provide an opportunity for 30 days of public 

21 comment on the proposal. 

22 (3) DETERMINATION.—Based on scientific and 

23 commercial information provided in a proposal under 

24 paragraph (1) or otherwise available to the Sec25 retary, the Secretary shall make one of the following 


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1 determinations regarding such a proposal in a rea2 sonable period of time and in accordance with regu3 lations issued under section 3: 

4 (A) The nonnative wildlife species is not 

5 approved for importation except as provided in 

6 section 7, and is added to the list of unap7 proved species under this section. 

8 (B) The nonnative wildlife species is ap9 proved for importation. 

10 (C) The Secretary has insufficient sci11 entific and commercial information to make a 

12 determination under subparagraph (A) or (B). 

13 (4) TREATMENT OF APPROVED SPECIES.—If 

14 the Secretary makes a determination under para15 graph (3)(B) that a nonnative wildlife species is ap16 proved for importation, the Secretary shall include 

17 the nonnative wildlife species in the list of approved 

18 species under section 4. 

19 (5) NOTICE OF DETERMINATION.—The Sec20 retary shall publish in the Federal Register notice of 

21 the determination made under paragraph (3) and 

22 make available on a publicly available Federal Inter23 net site or through other appropriate means the 

24 basis for the determination. 


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1 (c) REVISION.—The Secretary may revise the list 

2 issued under this section based on any scientific and com3 mercial information available to the Secretary. 

4 (d) EMERGENCY AUTHORITY AND TEMPORARY PRO5 HIBITION.— 

6 (1) IN GENERAL.—If the Secretary determines 

7 that an emergency exists because a nonnative wild8 life species poses an imminent threat of harm to the 

9 United States economy, the environment, or human 

10 or animal species’ health, the Secretary may tempo11 rarily include the nonnative wildlife species in the 

12 list of unapproved species under this section and, as 

13 appropriate, remove the species from the list of ap14 proved species under section 4. 

15 (2) NOTICE OF TEMPORARY LISTING.—The 

16 Secretary shall publish in the Federal Register no17 tice of each temporary listing under this subsection 

18 and make available on a publicly available Federal 

19 Internet site or through other appropriate means the 

20 basis for the temporary listing. 

21 (3) DETERMINATION.—Within 180 days after 

22 temporarily including a nonnative wildlife species in 

23 the unapproved species list under this section, the 

24 Secretary shall make a final determination under 

25 subsection (b)(3) regarding the species, publish in 


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1 the Federal Register notice of the final determina2 tion, and make available on a publicly available Fed3 eral Internet site or through other appropriate 

4 means the basis for the final determination. 

5 (4) LIMITATION ON PROCEDURES.—The proce6 dures under section 4(c)(1)(A)(ii), subsection (b)(2) 

7 of this section, and section 553 of title 5, United 

8 States Code, shall not apply to determinations under 

9 this subsection. 

10 SEC. 6. PROHIBITIONS AND PENALTIES. 

11 (a) PROHIBITIONS.—Except as provided in this sec12 tion or in section 7, it is unlawful for any person subject 

13 to the jurisdiction of the United States to— 

14 (1) import into or export from the United 

15 States any nonnative wildlife species that is not in16 cluded in the list of approved species issued under 

17 section 4; 

18 (2) transport between any State by any means 

19 whatsoever any nonnative wildlife species that is not 

20 included in the list of approved species issued under 

21 section 4; 

22 (3) violate any term or condition of a permit 

23 issued under section 7; 

24 (4) possess (except as provided in section 3(f)), 

25 sell or offer to sell, purchase or offer to purchase, 


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1 or barter for or offer to barter for, any nonnative 

2 wildlife species that is prohibited from being im3 ported under paragraph (1); 

4 (5) release into the wild any nonnative wildlife 

5 species that is prohibited from being imported under 

6 paragraph (1); or 

7 (6) breed any nonnative wildlife species that is 

8 prohibited from being imported under paragraph 

9 (1), or provide any such species to another person 

10 for breeding purposes. 

11 (b) PENALTIES AND ENFORCEMENT.—Any person 

12 who violates subsection (a) shall be subject to the civil pen13 alties and criminal penalties described in section 4 of the 

14 Lacey Act Amendments of 1981 (16 U.S.C. 3373). Sec15 tions 4(b), 4(e), 5, and 6 of that Act shall apply to such 

16 a violation in the same manner as they apply to a violation 

17 of that Act. 

18 (c) LIMITATION ON APPLICATION.— 

19 (1) IN GENERAL.—The prohibitions in sub20 section (a) shall not apply to— 

21 (A) any action by Federal, State, tribal, or 

22 local law enforcement personnel to enforce this 

23 section; and 


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1 (B) any action by Federal or State officials 

2 to prevent the introduction or establishment of 

3 nonnative wildlife species. 

4 (2) IMPORTATION AND TRANSPORTATION BY

5 FEDERAL AGENCIES.—Nothing in this Act shall re6 strict the import or transportation between any 

7 States of nonnative wildlife species by a Federal 

8 agency for its own use, if the nonnative wildlife spe9 cies remains in the possession of a Federal agency. 

10 (d) EFFECTIVE DATE.—This section shall take effect 

11 upon the publication of notice under section 3(e)(3). 

12 SEC. 7. PERMITS. 

13 (a) IN GENERAL.—The Secretary may issue a permit 

14 authorizing importation otherwise prohibited under sec15 tion 6(a)(1), for scientific research, medical, accredited zo16 ological or aquarium display purposes, or for educational 

17 purposes that are specifically reviewed, approved, and 

18 verified by the Secretary, if the Secretary finds that there 

19 has been a proper showing by the permittee of responsi20 bility for the specimen and continued protection of the 

21 public interest and health with respect to the specimen. 

22 (b) TERMS AND CONDITIONS.—The Secretary may 

23 include in a permit under subsection (a) terms and condi24 tions to minimize the risk of introduction or establishment 

25 of the nonnative wildlife species in the United States. 


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1 SEC. 8. FEES. 

2 (a) FEE FOR PROPOSAL TO INCLUDE SPECIES IN

3 LIST.— 

4 (1) IN GENERAL.—The Secretary shall establish 

5 in the regulations under section 3, and collect, a fee 

6 from any person that after publication of the final 

7 preliminary list under section 4(b) submits to the 

8 Secretary— 

9 (A) a proposal under section 4(c) to in10 clude a nonnative wildlife species to the list of 

11 approved species under section 4; or 

12 (B) a proposal under section 5(b) to in13 clude a nonnative wildlife species to the list of 

14 unapproved species under section 5. 

15 (2) PURPOSE.—The fee shall be to recover costs 

16 of assessing risk of nonnative wildlife species under 

17 the regulations issued under section 3. 

18 (b) NONNATIVE WILDLIFE INVASION PREVENTION

19 FUND.— 

20 (1) ESTABLISHMENT.—There is established in 

21 the Treasury a separate account, which shall be 

22 known as the Nonnative Wildlife Invasion Preven23 tion Fund. 

24 (2) CONTENTS.—There shall be deposited into 

25 the account all amounts received by the United 


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1 States as fees under this section or as fines for vio2 lations of this Act and its implementing regulations. 

3 (3) USE.—Amounts in the account shall be 

4 available to the Secretary, subject to the availability 

5 of appropriations, for the purposes of implementing 

6 this Act. 

7 SEC. 9. TREATMENT OF NONNATIVE WILDLIFE SPECIES AS 

8 NONMAILABLE MATTER. 

9 Nonnative wildlife species included in the list of ap10 proved species issued under section 4 shall be considered 

11 and treated as nonmailable matter under section 3015 of 

12 title 39, United States Code. 

13 SEC. 10. RELATIONSHIP TO STATE LAW. 

14 (a) IN GENERAL.—Nothing in this Act preempts or 

15 otherwise affects the application of any State law that es16 tablishes stricter requirements for importation, transpor17 tation, possession, sale, purchase, release, or breeding of, 

18 or bartering for, any nonnative wildlife species. 

19 (b) LIMITATION ON APPLICATION OF PROHIBITIONS

20 AND PENALTIES TO PREVENT RELEASE.—The Secretary 

21 may limit the application of any provision of section 6 to 

22 facilitate implementation of any State program that en23 courages voluntary surrender to a State of nonnative wild24 life species, if the Secretary determines that such limita25 tion will prevent release of such species. 


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1 SEC. 11. REQUIREMENT TO ISSUE REGULATIONS. 

2 The Secretary shall prescribe such regulations as are 

3 necessary and appropriate to carry out the purposes of 

4 this Act. 

5 SEC. 12. RELATIONSHIP TO OTHER FEDERAL LAWS. 

6 Except as provided in section 13, nothing in this Act 

7 shall be construed— 

8 (1) as repealing, superseding, or modifying any 

9 provision of the Public Health Service Act (42 

10 U.S.C. 201 et seq.) or the Federal Food, Drug, and 

11 Cosmetic Act (21 U.S.C. 301 et seq.); or 

12 (2) as authorizing any action with respect to 

13 the importation of any plant pest as defined in the 

14 Federal Plant Pest Act (7 U.S.C. 150aa et seq.), in15 sofar as such importation is subject to regulation 

16 under that Act. 

17 SEC. 13. REDESIGNATION OF INVASIVE SPECIES COUNCIL 

18 AS NATIONAL INVASIVE SPECIES COUNCIL. 

19 (a) REDESIGNATION.—The Invasive Species Council 

20 established by Executive Order 13112 on February 8, 

21 1999 (64 Fed. Reg. 6183) is redesignated as the National 

22 Invasive Species Council. 

23 (b) REFERENCES.—Any reference in a law, map, reg24 ulation, document, paper, or other record of the United 

25 States to the council referred to in subsection (a) is 


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1 deemed to be a reference to the National Invasive Species 

2 Council. 

3 SEC. 14. DEFINITIONS. 

4 For the purposes of this Act: 

5 (1) AQUATIC NUISANCE SPECIES TASK

6 FORCE.—The term ‘‘Aquatic Nuisance Species Task 

7 Force’’ means the Aquatic Nuisance Species Task 

8 Force established under section 1201 of the Non9 indigenous Aquatic Nuisance Prevention and Control 

10 Act of 1990 (16 U.S.C. 4702). 

11 (2) IMPORT.—The term ‘‘import’’ means to 

12 land on, bring into, or introduce into, or attempt to 

13 land on, bring into, or introduce into, any place sub14 ject to the jurisdiction of the Government of the 

15 United States, whether or not such landing, bringing 

16 into, or introduction constitutes an importation with17 in the meaning of the customs laws of the Govern18 ment of the United States. 

19 (3) NATIONAL INVASIVE SPECIES COUNCIL.— 

20 The term ‘‘National Invasive Species Council’’ 

21 means the National Invasive Species Council estab22 lished by Executive Order 13112 on February 8, 

23 1999 (64 Fed. Reg. 6183), as redesignated by sec24 tion 13. 


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1 (4) NATIVE SPECIES.—The term ‘‘native spe2 cies’’ means a species that historically occurred or 

3 currently occurs in the United States, other than as 

4 a result of an intentional or unintentional introduc5 tion by humans. 

6 (5) NONNATIVE WILDLIFE SPECIES.—The term 

7 ‘‘nonnative wildlife species’’— 

8 (A) except as provided in subparagraph 

9 (C), means any live species or subspecies of ani10 mal that is not a native species or subspecies, 

11 whether or not born or raised in captivity; 

12 (B) except as provided in subparagraph 

13 (C), includes— 

14 (i) any such live, wild species or sub15 species of mammal, bird, fish, reptile, am16 phibian, insect, mollusk, crustacean, ar17 thropod, coelenterate, or other inverte18 brate, and 

19 (ii) any viable egg, sperm, gamete, or 

20 other reproductive material or offspring 

21 thereof; 

22 (C) does not include any species that is— 

23 (i) specifically defined or regulated as 

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1 trol purposes under the Plant Protection 

2 Act (7 U.S.C. 7701 et seq.); or 

3 (ii) defined or regulated as a threat to 

4 livestock or poultry under the Animal 

5 Health Protection Act (7 U.S.C. 8301 et 

6 seq.); and 

7 (D) does not include any cat (Felis catus), 

8 cattle or oxen (Bos taurus), chicken (Gallus 

9 gallus domesticus), dog (Canis lupus familiaris), 

10 donkey or ass (Equus asinus), domesticated 

11 members of the family Anatidae (geese), duck 

12 (domesticated Anas spp.), goat (Capra aegagrus 

13 hircus), goldfish (Carassius auratus auratus), 

14 horse (Equus caballus), llama (Lama glama), 

15 mule or hinny (Equus caballus x E. asinus), pig 

16 or hog (Sus scrofa domestica), domesticated va17 rieties of rabbit (Oryctolagus cuniculus), or 

18 sheep (Ovis aries), or any other species or vari19 ety of species that is determined by the Sec20 retary to be common and clearly domesticated. 

21 (6) PERSON.—The term ‘‘person’’ means— 

22 (A) an individual, corporation, partnership, 

23 trust, association, or any other private entity; 

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1 ment, or of any State, municipality, or political 

2 subdivision of a State, or of any foreign govern3 ment; and 

4 (C) any other entity subject to the jurisdic5 tion of the Government of the United States. 

6 (7) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of the Interior. 

8 (8) STATE.—The term ‘‘State’’ includes the 

9 District of Columbia, American Samoa, Guam, the 

10 Commonwealth of the Northern Mariana Islands, 

11 the Commonwealth of Puerto Rico, and the Virgin 

12 Islands, and any other territory or possession of the 

13 United States. 

14 (9) UNITED STATES.—The term ‘‘United 

15 States’’ means the several States of the United 

16 States, the District of Columbia, American Samoa, 

17 Guam, the Commonwealth of the Northern Mariana 

18 Islands, the Commonwealth of Puerto Rico, the Vir19 gin Islands, any possession of the United States, and 

20 any waters, including the territorial sea and the Ex21 clusive Economic Zone, within the jurisdiction or 

22 sovereignty of the Government of the United States. 

Æ 


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