I 

118TH CONGRESS 

1ST SESSION H. R. 4922 

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 HOUSE OF REPRESENTATIVES 

JULY 26, 2023 

Mrs. LUNA (for herself, Mr. BILIRAKIS, Mr. DONALDS, Mr. NEHLS, Mr. 

CARL, and Mr. DUNN of Florida) introduced the following bill; which was 

referred to the Committee on the Judiciary, and in addition to the Committee on Natural Resources, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

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 2023’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 4922 IH

1 SEC. 2. AMENDMENTS. 

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

3 States Code, is amended— 

4 (1) in subsection (a)(1)— 

5 (A) in the first sentence, by striking ‘‘ship6 ment between the continental United States’’ 

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

8 and 

9 (B) by inserting after the first sentence 

10 the following: ‘‘Notwithstanding any other pro11 vision of law, the Secretary of the Interior may 

12 prescribe by regulation an emergency designa13 tion prohibiting the importation of any species 

14 of wild mammals, wild birds, fish (including 

15 mollusks and crustacea), amphibians, or rep16 tiles, or the offspring or eggs of any such spe17 cies, as injurious to human beings, to the inter18 ests of agriculture, horticulture, or forestry, or 

19 to wildlife or the wildlife resources of the 

20 United States, for not more than 3 years, under 

21 this subsection, if the Secretary of the Interior 

22 determines that such regulation is necessary to 

23 address an imminent threat to human beings, 

24 to the interests of agriculture, horticulture, or 

25 forestry, or to wildlife or the wildlife resources 

26 of the United States. An emergency designation 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 4922 IH

1 prescribed under this subsection shall take ef2 fect immediately upon publication in the Fed3 eral Register, unless the Secretary of the Inte4 rior prescribes an effective date that is not later 

5 than 60 days after the date of publication. Dur6 ing the period during which an emergency des7 ignation prescribed under this subsection for a 

8 species is in effect, the Secretary of the Interior 

9 shall evaluate whether the species should be 

10 designated as an injurious wildlife species under 

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

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

13 ‘‘(d) PRESUMPTIVE PROHIBITION ON IMPORTA14 TION.— 

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

16 United States of any species of wild mammals, wild 

17 birds, fish (including mollusks and crustacea), am18 phibians, or reptiles, or the offspring or eggs of any 

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

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

21 Amendments of 2023, is not prohibited under sub22 section (a)(1), is prohibited, unless— 

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

24 the date of enactment of the Lacey Act AmendVerDate Sep 11 2014 04:12 Aug 11, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4922.IH H4922

kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 4922 IH

1 ments of 2023, the species was, in more than 

2 minimal quantities— 

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

4 or 

5 ‘‘(ii) transported between the States, 

6 any territory of the United States, the Dis7 trict of Columbia, the Commonwealth of 

8 Puerto Rico, or any possession of the 

9 United States; or 

10 ‘‘(B) the Secretary of the Interior deter11 mines, after an opportunity for public comment, 

12 that the species does not pose a significant risk 

13 of invasiveness to the United States and pub14 lishes a notice in the Federal Register of the 

15 determination. 

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

17 paragraph (1) shall be construed to limit the author18 ity of the Secretary of the Interior under subsection 

19 (a)(1).’’. 

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

21 title 18, United States Code, is amended— 

22 (1) in paragraph (2), by inserting ‘‘and sub23 section (d)’’ after ‘‘this subsection’’; 

24 (2) in paragraph (3)— 


kjohnson on DSK79L0C42PROD with BILLS
5 

•HR 4922 IH

1 (A) by striking ‘‘the foregoing’’ and insert2 ing ‘‘paragraph (1) or subsection (d)’’; and 

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

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

5 (3) in paragraph (4), by inserting ‘‘or sub6 section (d)’’ after ‘‘this subsection’’; and 

7 (4) in paragraph (5)— 

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

9 ‘‘this subsection’’; and 

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

11 ‘‘under such provisions’’. 

12 (c) REGULATIONS; EFFECTIVE DATE.— 

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

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

15 the Interior shall promulgate regulations to define 

16 the term ‘‘minimal quantities’’ for purposes of sub17 section (d)(1)(A) of section 42 of title 18, United 

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

19 (2) EFFECTIVE DATE.—Subsection (d) of sec20 tion 42 of title 18, United States Code, as added by 

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

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

Æ 


kjohnson on DSK79L0C42PROD with BILLS