I 

117TH CONGRESS 

1ST SESSION H. R. 3135 

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, or possession, of any live animal of 

any prohibited primate species. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 12, 2021 

Mr. BLUMENAUER (for himself and Mr. FITZPATRICK) 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, or possession, of any live animal 

of any prohibited primate species. 

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 ‘‘Captive Primate Safety 

5 Act’’. 


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1 SEC. 2. DEFINITION OF PROHIBITED PRIMATE SPECIES. 

2 Section 2 of the Lacey Act Amendments of 1981 (16 

3 U.S.C. 3371) is amended— 

4 (1) by redesignating paragraphs (g) through (k) 

5 as paragraphs (h) through (l), respectively; and 

6 (2) by inserting after paragraph (f) the fol7 lowing: 

8 ‘‘(g) PROHIBITED PRIMATE SPECIES.—The term 

9 ‘prohibited primate species’ means any live species of 

10 nonhuman primate, including chimpanzees, galagos, gib11 bons, gorillas, lemurs, lorises, monkeys, orangutans, 

12 tarsiers, or any hybrid of such a species.’’. 

13 SEC. 3. PROHIBITIONS. 

14 (a) PROHIBITED ACTS.—Section 3 of the Lacey Act 

15 Amendments of 1981 (16 U.S.C. 3372) is amended— 

16 (1) in subsection (a)— 

17 (A) in paragraph (3)(B)(iii), by striking ‘‘; 

18 or’’ and inserting a semicolon; and 

19 (B) by striking paragraph (4) and insert20 ing the following: 

21 ‘‘(4) subject to subsection (f), to import, export, 

22 transport, sell, receive, acquire, or purchase in inter23 state or foreign commerce, or in a manner substan24 tially affecting interstate or foreign commerce, or to 

25 possess, any prohibited primate species; or 


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1 ‘‘(5) to attempt to commit any act described in 

2 paragraphs (1) through (4).’’; 

3 (2) by redesignating subsection (f) as sub4 section (g); and 

5 (3) by inserting before subsection (g) (as so re6 designated) the following: 

7 ‘‘(f) NONAPPLICABILITY OF PROHIBITED PRIMATE

8 SPECIES OFFENSE.—Subsection (a)(4) does not apply 

9 to— 

10 ‘‘(1) a person exhibiting animals to the public 

11 under a Class C license issued by the Department of 

12 Agriculture, or a Federal facility registered with the 

13 Department of Agriculture that exhibits animals, if 

14 such person or facility holds such license or registra15 tion in good standing and— 

16 ‘‘(A) does not allow any individual to come 

17 into direct physical contact with a prohibited 

18 primate species, unless that individual is— 

19 ‘‘(i) a trained professional employee or 

20 contractor of the person or facility, or an 

21 accompanying employee receiving profes22 sional training; 

23 ‘‘(ii) a licensed veterinarian, or a vet24 erinary student accompanying such a vet25 erinarian; or 


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1 ‘‘(iii) directly supporting conservation 

2 programs of the entity or facility, the con3 tact is not in the course of commercial ac4 tivity (which may be evidenced by adver5 tisement or promotion of such activity or 

6 other relevant evidence), and the contact is 

7 incidental to humane husbandry conducted 

8 pursuant to a species-specific, publicly 

9 available, peer-edited population manage10 ment and care plan that has been provided 

11 to the Secretary with justifications that the 

12 plan— 

13 ‘‘(I) reflects established conserva14 tion science principles; 

15 ‘‘(II) incorporates genetic and de16 mographic analysis of a multi-institu17 tion population of animals covered by 

18 the plan; and 

19 ‘‘(III) promotes animal welfare 

20 by ensuring that the frequency of 

21 breeding is appropriate for the spe22 cies; and 

23 ‘‘(B) ensures that during public exhibition 

24 of any prohibited primate species, other than le25 murs and galagos, the animal is at least 15 feet 


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1 from members of the public unless there is a 

2 permanent barrier sufficient to prevent public 

3 contact with the animal; 

4 ‘‘(2) a person registered as a research facility 

5 by the Department of Agriculture; 

6 ‘‘(3) a State college, university, or agency, or a 

7 State-licensed veterinarian; 

8 ‘‘(4) a wildlife sanctuary that cares for prohib9 ited primate species, and— 

10 ‘‘(A) is a corporation that is exempt from 

11 taxation under section 501(a) of the Internal 

12 Revenue Code of 1986 and described in sections 

13 501(c)(3) and 170(b)(1)(A)(vi) of such Code; 

14 ‘‘(B) does not commercially trade in any 

15 prohibited primate species, including offspring, 

16 parts, and byproducts of such animals; 

17 ‘‘(C) does not breed any prohibited primate 

18 species; 

19 ‘‘(D) does not allow direct contact between 

20 the public and any prohibited primate species; 

21 and 

22 ‘‘(E) does not allow the transportation and 

23 display of any prohibited primate species off24 site; 


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1 ‘‘(5) a person that has custody of any prohib2 ited primate species solely for the purpose of expedi3 tiously transporting the prohibited primate species 

4 to a person described in this subsection with respect 

5 to the species; or 

6 ‘‘(6) a person that is in possession of any pro7 hibited primate species that was born before the 

8 date of the enactment of the Captive Primate Safety 

9 Act, if the person— 

10 ‘‘(A) not later than 180 days after the date 

11 of the enactment of such Act, registers each in12 dividual animal of each prohibited primate spe13 cies possessed by the person with the United 

14 States Fish and Wildlife Service; 

15 ‘‘(B) does not breed, acquire, or sell any 

16 prohibited primate species after the date of the 

17 enactment of such Act; and 

18 ‘‘(C) does not allow direct contact between 

19 the public and prohibited primate species.’’. 

20 (b) CIVIL PENALTIES.—Section 4(a)(1) of the Lacey 

21 Act Amendments of 1981 (16 U.S.C. 3373(a)(1)) is 

22 amended— 

23 (1) by striking ‘‘and (f)’’ and inserting ‘‘(f), 

24 and (g)’’; and 


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1 (2) by striking ‘‘or (f)’’ and inserting ‘‘(f), or 

2 (g)’’. 

3 (c) CRIMINAL PENALTIES.—Section 4(d) of the 

4 Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)) is 

5 amended— 

6 (1) in paragraph (1), by striking ‘‘and (f)’’ each 

7 place it appears and inserting ‘‘(f), and (g)’’; and 

8 (2) in paragraph (3), by striking ‘‘(d) or (f)’’ 

9 and inserting ‘‘(d), (f), or (g)’’. 

10 (d) EFFECTIVE DATE; REGULATIONS.— 

11 (1) EFFECTIVE DATE.—Subsections (a) 

12 through (c), and the amendments made by those 

13 subsections, shall take effect on the earlier of— 

14 (A) the date of promulgation of regulations 

15 under paragraph (2); and 

16 (B) the expiration of the period referred to 

17 in paragraph (2). 

18 (2) REGULATIONS.—Not later than the end of 

19 the 180-day period beginning on the date of the en20 actment of this Act, the Secretary of the Interior 

21 shall promulgate regulations implementing the 

22 amendments made by this section. 

23 SEC. 4. REGULATIONS. 

24 Section 7(a) of the Lacey Act Amendments of 1981 

25 (16 U.S.C. 3376(a)) is amended— 


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1 (1) in paragraph (1), by striking ‘‘3(f)’’ and in2 serting ‘‘3(g)’’; and 

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

4 ‘‘(3) The Secretary shall, in consultation with 

5 other relevant Federal and State agencies, promul6 gate any regulations necessary to implement section 

7 3(f).’’. 

Æ 


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