Lacey Act Amendments of 2023

Subjects: Crime and Law Enforcement


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1614 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1614

 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 SENATE OF THE UNITED STATES

                              May 16, 2023

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

_______________________________________________________________________

                                 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.

    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 ``Lacey Act Amendments of 2023''.

SEC. 2. AMENDMENTS.

    (a) In General.--Section 42 of title 18, United States Code, is 
amended--
            (1) in subsection (a)(1)--
                    (A) in the first sentence, by striking ``shipment 
                between the continental United States'' and inserting 
                ``transport between the States''; and
                    (B) by inserting after the first sentence the 
                following: ``Notwithstanding any other provision of 
                law, the Secretary of the Interior may prescribe by 
                regulation an emergency designation prohibiting the 
                importation of any species of wild mammals, wild birds, 
                fish (including mollusks and crustacea), amphibians, or 
                reptiles, or the offspring or eggs of any such species, 
                as injurious to human beings, to the interests of 
                agriculture, horticulture, or forestry, or to wildlife 
                or the wildlife resources of the United States, for not 
                more than 3 years, under this subsection, if the 
                Secretary of the Interior determines that such 
                regulation is necessary to address an imminent threat 
                to human beings, to the interests of agriculture, 
                horticulture, or forestry, or to wildlife or the 
                wildlife resources of the United States. An emergency 
                designation prescribed under this subsection shall take 
                effect immediately upon publication in the Federal 
                Register, unless the Secretary of the Interior 
                prescribes an effective date that is not later than 60 
                days after the date of publication. During the period 
                during which an emergency designation prescribed under 
                this subsection for a species is in effect, the 
                Secretary of the Interior shall evaluate whether the 
                species should be designated as an injurious wildlife 
                species under the first sentence of this paragraph.''; 
                and
            (2) by adding at the end the following:
    ``(d) Presumptive Prohibition on Importation.--
            ``(1) In general.--Importation into the United States of 
        any species of wild mammals, wild birds, fish (including 
        mollusks and crustacea), amphibians, or reptiles, or the 
        offspring or eggs of any such species, that is not native to 
        the United States and, as of the date of enactment of the Lacey 
        Act Amendments of 2023, is not prohibited under subsection 
        (a)(1), is prohibited, unless--
                    ``(A) during the 1-year period preceding the date 
                of enactment of the Lacey Act Amendments of 2023, the 
                species was, in more than minimal quantities--
                            ``(i) imported into the United States; or
                            ``(ii) transported between the States, any 
                        territory of the United States, the District of 
                        Columbia, the Commonwealth of Puerto Rico, or 
                        any possession of the United States; or
                    ``(B) the Secretary of the Interior determines, 
                after an opportunity for public comment, that the 
                species does not pose a significant risk of 
                invasiveness to the United States and publishes a 
                notice in the Federal Register of the determination.
            ``(2) Rule of construction.--Nothing in paragraph (1) shall 
        be construed to limit the authority of the Secretary of the 
        Interior under subsection (a)(1).''.
    (b) Conforming Amendments.--Section 42(a) of title 18, United 
States Code, is amended--
            (1) in paragraph (2), by inserting ``and subsection (d)'' 
        after ``this subsection'';
            (2) in paragraph (3)--
                    (A) by striking ``the foregoing'' and inserting 
                ``paragraph (1) or subsection (d)''; and
                    (B) by striking ``this Act'' each place the term 
                appears and inserting ``this section'';
            (3) in paragraph (4), by inserting ``or subsection (d)'' 
        after ``this subsection''; and
            (4) in paragraph (5)--
                    (A) by inserting ``and subsection (d)'' after 
                ``this subsection''; and
                    (B) by striking ``hereunder'' and inserting ``under 
                such provisions''.
    (c) Regulations; Effective Date.--
            (1) Regulations.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of the Interior shall 
        promulgate regulations to define the term ``minimal 
        quantities'' for purposes of subsection (d)(1)(A) of section 42 
        of title 18, United States Code, as added by subsection (a)(2).
            (2) Effective date.--Subsection (d) of section 42 of title 
        18, United States Code, as added by subsection (a)(2), shall 
        take effect on the date that is 1 year after the date of 
        enactment of this Act.
                                 &lt;all&gt;
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