I 
114TH CONGRESS 
2D SESSION 
H. R. 5895 
To establish an improved regulatory process to prevent the introduction and 
establishment in the United States of injurious wildlife. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 14, 2016 
Ms. SLAUGHTER (for herself and Ms. STEFANIK) introduced the following bill; 
which was referred to the Committee on Natural Resources, and in addi-
tion to the Committees on the Judiciary, Ways and Means, and the 
Budget, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To establish an improved regulatory process to prevent the 
introduction and establishment in the United States of 
injurious wildlife. 
Be it enacted by the Senate and House of Representa-
tives 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 2016’’. 
SEC. 2. PURPOSE. 
The purpose of this Act is to establish an improved 
regulatory process to prevent the introduction and estab-
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
lishment in the United States of any injurious wildlife that 
is likely to cause— 
(1) economic or environmental harm; or 
(2) harm to— 
(A) humans; or 
(B) animal health. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) APPROVED
WILDLIFE
SANCTUARY.—The 
term ‘‘approved wildlife sanctuary’’ means a sanc-
tuary that— 
(A) provides care for wildlife species; and 
(B) is a corporation that— 
(i) is— 
(I) exempt from taxation under 
section 501(a) of the Internal Rev-
enue Code of 1986; and 
(II) 
described 
in 
sections 
501(c)(3) and 170(b)(1)(A)(vi) of 
that Code; 
(ii) does not— 
(I) commercially trade in any 
animal regulated under this Act, in-
cluding any offspring, part, or byprod-
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
uct of any animal regulated under this 
Act; or 
(II) propagate any animal regu-
lated under this Act; and 
(iii) meets additional criteria, as the 
Director determines necessary and con-
sistent with the purpose of this Act. 
(2) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the United States Fish and Wildlife 
Service. 
(3) FUND.—The term ‘‘Fund’’ means the Inju-
rious Wildlife Prevention Fund established under 
section 13(a). 
(4) IMPORT.—The term ‘‘import’’ means to 
bring, introduce, or attempt to bring or introduce 
into any place that is subject to the jurisdiction of 
the United States, notwithstanding the meaning of 
the term under the customs law 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) INJURIOUS WILDLIFE TAXON OR TAXA.— 
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
(A) IN
GENERAL.—The term ‘‘injurious 
wildlife taxon or taxa’’ means any family, 
genus, species, subspecies, or hybrid of non-
native wildlife that is determined by the Direc-
tor to be injurious in the United States to— 
(i) a human being; 
(ii) an interest of— 
(I) agriculture; 
(II) horticulture; or 
(III) forestry; or 
(iii) any wildlife or wildlife resources. 
(B) INCLUSIONS.—The term ‘‘injurious 
wildlife taxon or taxa’’ includes any— 
(i) wildlife specimen that represents a 
family, genus, species, subspecies, or hy-
brid described in subparagraph (A) that is 
born or reared in— 
(I) captivity; or 
(II) the wild; 
(ii) viable egg, sperm, gamete, or 
other reproductive material of a wildlife 
specimen described in clause (i); and 
(iii) offspring of a wildlife specimen 
described in that clause. 
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
(C) EXCLUSIONS.—The term ‘‘injurious 
wildlife taxon or taxa’’ does not include any— 
(i) plant pest or biological control or-
ganism that is specifically defined or regu-
lated under the Plant Protection Act (7 
U.S.C. 7701 et seq.); 
(ii) pest that is defined or regulated 
as a threat to livestock or poultry under 
the Animal Health Protection Act (7 
U.S.C. 8301 et seq.); or 
(iii) common and clearly domesticated 
species or subspecies, including— 
(I) the cat (Felis catus); 
(II) cattle or oxen (Bos taurus); 
(III) the chicken (Gallus gallus 
domesticus); 
(IV) the common canary (Serinus 
canaria domesticus); 
(V) 
the 
dog 
(Canis 
lupus 
familiaris); 
(VI) the donkey or ass (Equus 
asinus); 
(VII) the goose (Anser spp.); 
(VIII) the duck (Anas spp.); 
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
within the jurisdiction or sovereignty of the 
Federal Government. 
(13) WILDLIFE.—The term ‘‘wildlife’’ means 
any member of the animal kingdom, including any— 
(A) mammal; 
(B) fish; 
(C) bird; 
(D) amphibian; 
(E) reptile; or 
(F) invertebrate. 
(14) WILDLIFE RESOURCES.—The term ‘‘wild-
life resources’’ means any— 
(A) wildlife; or 
(B) type of aquatic or land vegetation on 
which any wildlife is dependent. 
SEC. 4. DESIGNATION OF INJURIOUS WILDLIFE. 
(a) DESIGNATION.—The Secretary, acting through 
the Director, may by regulation designate any wildlife as 
an injurious wildlife taxon or taxa. 
(b) BASIS FOR DESIGNATION.— 
(1) SOUND
SCIENCE.—The Secretary, acting 
through the Director, shall base the designation de-
scribed in subsection (a) on sound science. 
(2) SCIENTIFIC RISK ASSESSMENT.—In making 
a designation under subsection (a), the Secretary, 
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
acting through the Director, shall conduct a sci-
entific risk assessment that includes consideration 
of— 
(A) the scientific name and native range of 
the wildlife; 
(B) the likelihood and magnitude of the re-
lease or escape of the wildlife; 
(C) whether the wildlife has established or 
spread, or has the potential to establish or 
spread, outside of the native range of the wild-
life in a habitat similar to a habitat in the 
United States; or 
(D) whether the wildlife has caused, or has 
the potential to cause, harm in the United 
States to— 
(i) a human being; 
(ii) an interest of— 
(I) agriculture; 
(II) horticulture; or 
(III) forestry; or 
(iii) any wildlife or wildlife resources; 
(E) the potential impact of wildlife control 
or eradication measures for the wildlife on 
human beings, agriculture, horticulture, for-
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
estry, wildlife, or wildlife resources in the 
United States; and 
(F) any other risk assessment factor, as 
determined by the Director in accordance with 
the purpose of this Act. 
(3) RISK
MANAGEMENT
DETERMINATION.—In 
making a designation under subsection (a), the Sec-
retary, acting through the Director, shall conduct a 
risk management determination that includes consid-
eration of— 
(A) the results of the scientific risk assess-
ment described in paragraph (2); 
(B) the ability and effectiveness of meas-
ures— 
(i) to prevent the release or escape of 
the wildlife; 
(ii) to manage and control the estab-
lishment and spread of the wildlife; or 
(iii) to rehabilitate and recover eco-
systems damaged by the wildlife; and 
(C) any other risk management factor, as 
determined by the Director in accordance with 
the purpose of this Act. 
(4) AVAILABILITY TO THE PUBLIC.—The Sec-
retary, acting through the Director, shall make 
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
available to the public the results of the assessments 
described in paragraphs (2) and (3). 
(c) RULEMAKING FOR THE DESIGNATION OF INJU-
RIOUS WILDLIFE TAXON OR TAXA.— 
(1) PROPOSED RULE.—For a proposal to des-
ignate any wildlife as an injurious wildlife taxon or 
taxa, the Director shall— 
(A) publish a proposed rule in the Federal 
Register and on a publicly accessible Federal 
website; 
(B) provide not fewer than 30 days for 
public comment; and 
(C) make available on a publicly accessible 
Federal website the results of the scientific risk 
assessment and the risk management deter-
mination described in subsection (b). 
(2) PETITIONS.— 
(A) IN GENERAL.—Any interested person 
may submit to the Director a petition to des-
ignate any wildlife as an injurious wildlife taxon 
or taxa. 
(B) CONSIDERATION OF PETITION.—If the 
Director determines that a petition described in 
subparagraph (A) is complete and that the peti-
tion presents substantial evidence that the wild-
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
life is an injurious wildlife taxon or taxa, the 
Director may— 
(i) conduct a scientific risk assess-
ment and a risk management determina-
tion under subsection (b); and 
(ii) propose a rule in accordance with 
paragraph (1). 
(3) NOTICE
AND
CONSULTATION.—In consid-
ering a proposed designation of injurious wildlife 
taxon or taxa described in paragraph (1), the Sec-
retary shall notify and consult with, as appro-
priate— 
(A) any affected stakeholder, including— 
(i) a State; 
(ii) an Indian tribe; and 
(iii) a qualified institution; 
(B) the Aquatic Nuisance Species Task 
Force; 
(C) the National Invasive Species Council; 
(D) the Secretary of the Department of 
Agriculture; 
(E) the Director of the Centers for Disease 
Control and Prevention; and 
(F) the Administrator of the National Oce-
anic and Atmospheric Administration. 
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
(4) FINAL DETERMINATION.—Not later than 14 
months after the date on which a proposed rule de-
scribed in paragraph (1) is published, the Director 
shall publish— 
(A) a final rule in the Federal Register; or 
(B) a notice in the Federal Register that 
the proposed rule is withdrawn. 
(d) WILDLIFE NOT
IN TRADE
TO
THE UNITED 
STATES.— 
(1) IN GENERAL.—Any wildlife shall be consid-
ered wildlife not in trade to the United States if the 
wildlife— 
(A) is not native to the United States; and 
(B) was not— 
(i) as of the date of enactment of this 
Act, designated as an injurious wildlife 
taxon or taxa under subsection (a); or 
(ii) during the 1-year period ending 
on the date of enactment of this Act, wide-
ly— 
(I) imported into the United 
States; or 
(II) transported between States. 
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
(2) REGULATIONS.—Not later than 3 years 
after the date of enactment of this Act, the Director 
shall promulgate regulations that— 
(A) define the term ‘‘wildlife not in trade 
to the United States’’ for the purposes of this 
Act; and 
(B) establish a process to ensure, before 
the importation into the United States or trans-
port between States of any wildlife not in trade 
to the United States, that wildlife is reviewed 
by the Director to determine whether that wild-
life should be designated as an injurious wildlife 
taxon or taxa under subsection (a). 
(e) PREVIOUSLY LISTED INJURIOUS SPECIES.— 
(1) IN GENERAL.—On the date of enactment of 
this Act, any wildlife designated as injurious by sec-
tion 42(a) of title 18, United States Code, including 
any designation made under that section (as in ef-
fect on the day before the date of enactment of this 
Act), shall be designated as an injurious wildlife 
taxon or taxa under this Act. 
(2) APPLICABILITY.—Subsections (a) through 
(d) and section 553 of title 5, United States Code, 
shall not apply to any designation, or the publication 
of a designation, described in paragraph (1). 
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
(f) EMERGENCY TEMPORARY DESIGNATION.— 
(1) IN
GENERAL.—The Director may imme-
diately and temporarily make an emergency tem-
porary designation of any wildlife as an injurious 
wildlife taxon or taxa for any wildlife that poses an 
imminent threat in the United States to— 
(A) a human being; 
(B) an interest of— 
(i) agriculture; 
(ii) horticulture; or 
(iii) forestry; or 
(C) any wildlife or wildlife resources. 
(2) REGULATION.— 
(A) IN GENERAL.—In the case of an emer-
gency temporary designation made under para-
graph (1), the Director shall publish a regula-
tion in the Federal Register that includes a de-
tailed reason for which the emergency tem-
porary designation is necessary. 
(B) EFFECTIVE IMMEDIATELY.—A regula-
tion described in subparagraph (A) shall be ef-
fective immediately on the date of the publica-
tion of the regulation in the Federal Register. 
(C) EXPIRATION.—A regulation promul-
gated under subparagraph (A) shall cease to 
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
have force and effect not earlier than 1 year 
after the date on which the regulation is pub-
lished in the Federal Register. 
(D) WITHDRAWAL.—The Director shall 
withdraw a regulation issued under subpara-
graph (A) if the Director determines that the 
regulation is not necessary. 
(E) APPLICABILITY.—Subsections (b) and 
(c) and section 553 of title 5, United States 
Code, shall not apply to an emergency tem-
porary designation issued under subparagraph 
(A). 
(3) FINAL DETERMINATION.—Not later than 1 
year after the date on which an emergency tem-
porary designation is promulgated under paragraph 
(2), the Director shall make a final determination 
regarding whether the wildlife that is the subject of 
the emergency temporary designation should be des-
ignated as an injurious wildlife taxon or taxa under 
subsection (a). 
(4) REQUEST BY A GOVERNOR.—If the Gov-
ernor of a State requests an emergency temporary 
designation under paragraph (1), the Director— 
(A) shall respond promptly to the request 
in writing; and 
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
(B) may make an emergency temporary 
designation under that paragraph. 
(g) ECONOMIC IMPACT ANALYSES.—Notwithstanding 
chapter 6 of title 5, United States Code, and section 804 
of that title, in carrying out the provisions of this section, 
the Secretary may forego economic impact analyses. 
SEC. 5. REPORT ON COLLECTION OF INFORMATION ON IM-
PORTED WILDLIFE. 
Not later than 18 months after the date of enactment 
of this Act, the Secretary, in consultation with the Sec-
retary of Homeland Security, shall provide to the Com-
mittee on Environment and Public Works of the Senate 
and the Committee on Natural Resources of the House 
of Representatives a report that describes the status of 
measures— 
(1) to coordinate the collection and manage-
ment of data on imported wildlife; and 
(2) to establish an electronic database that 
readily identifies, using scientific names to the spe-
cies level (or subspecies level, if applicable)— 
(A) imports of all live wildlife; and 
(B) whether that wildlife species (or sub-
species) has been designated as an injurious 
wildlife taxon or taxa. 
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
SEC. 6. PREVENTION OF WILDLIFE PATHOGENS AND 
PARASITES. 
(a) IN GENERAL.—The Secretary shall have the pri-
mary authority to prevent, and the primary responsibility 
for preventing, the importation of, and interstate com-
merce in, wildlife pathogens and harmful parasites. 
(b) REGULATIONS.— 
(1) IN GENERAL.—The Secretary shall promul-
gate regulations— 
(A) to minimize the likelihood of introduc-
tion or dissemination of any disease or harmful 
parasite of native or nonnative wildlife; and 
(B) to impose import restrictions, includ-
ing management measures, health certifications, 
quarantine requirements, specifications for con-
veyances, holding water, and associated mate-
rials, shipment and handling requirements, and 
any other measure that the Secretary deter-
mines to be necessary— 
(i) to prevent the importation of, and 
interstate commerce in, wildlife pathogens 
and harmful parasites of native and non-
native wildlife; and 
(ii) to address— 
(I) a particular injurious wildlife 
taxon; 
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
(II) the place of origin of a par-
ticular injurious wildlife taxon; and 
(III) the conveyance and mate-
rials associated with wildlife trans-
port. 
(c) RELATIONSHIP TO OTHER AUTHORITIES.— 
(1) IN GENERAL.—Subject to 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 Secretary 
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 Secretary 
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 
Secretary of Agriculture as a plant pest or ap-
proved for biological control purposes under the 
Plant Protection Act (7 U.S.C. 7701 et seq.). 
(2) EXCEPTION.—Notwithstanding paragraph 
(1), the Secretary may regulate a pathogen, para-
site, or host taxon described in that paragraph if the 
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
pathogen, parasite, or host taxon poses a wildlife 
disease risk. 
(d) COORDINATION.— 
(1) IN GENERAL.—In carrying out this section, 
the Secretary shall consult and coordinate with— 
(A) the heads of other Federal agencies 
and departments that regulate injurious wildlife 
taxa; 
(B) the heads of State wildlife agencies; 
(C) State veterinarians; and 
(D) other officials with related authorities. 
(2) CONSULTATION
BY
SECRETARY
OF
AGRI-
CULTURE.—If the Secretary of Agriculture partici-
pates in the World Organization for Animal Health, 
the Secretary of Agriculture shall confer and consult 
with the Secretary on any matter relating to the pre-
vention of wildlife diseases that may threaten the 
United States. 
SEC. 7. PROHIBITIONS. 
(a) IN GENERAL.—Subject to subsection (b) and sec-
tion 8, it is unlawful for any person subject to the jurisdic-
tion of the United States— 
(1) to import into the United States or trans-
port between States any wildlife designated as an in-
jurious wildlife taxon or taxa; 
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
(2) to possess any wildlife designated as an in-
jurious wildlife taxon or taxa, or a descendant of 
that wildlife, that was imported or transported in 
violation of this Act; 
(3) to import into the United States or trans-
port between States any wildlife not in trade to the 
United States; 
(4) to possess any wildlife not in trade to the 
United States, or a descendant of that wildlife, that 
was imported or transported in violation of this Act; 
(5) to violate any term or condition of a permit 
issued to a qualified institution under section 8; 
(6) to release into the wild any wildlife— 
(A) designated as an injurious wildlife 
taxon or taxa; or 
(B) not in trade to the United States; or 
(7) to attempt any of the prohibited actions de-
scribed in paragraphs (1) through (6). 
(b) LIMITATION ON APPLICATION.— 
(1) IN GENERAL.—The prohibitions described 
in subsection (a) shall not apply to any action car-
ried out by a Federal, State, or tribal government 
official— 
(A) to enforce any of those prohibitions; or 
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
(B) to prevent the introduction or estab-
lishment of any wildlife designated as an inju-
rious wildlife taxon or taxa or any wildlife not 
in trade to the United States, including any ac-
tion to transport or possess (including holding 
and sheltering) that wildlife. 
(2) WILDLIFE IN POSSESSION OF A FEDERAL 
AGENCY.—Nothing in this Act restricts the importa-
tion or transport between States of an injurious 
wildlife taxon or taxa or any wildlife not in trade by 
a Federal agency for the use of the Federal agency 
if the wildlife remains in the possession of the Fed-
eral agency. 
(3) DEAD
NATURAL
HISTORY
SPECIMENS.— 
Nothing in this Act restricts the importation of a 
dead natural history specimen for a museum or sci-
entific collection if the dead natural history specimen 
is properly preserved in a manner that minimizes, to 
the maximum extent practicable, the risk of expo-
sure from any harmful wildlife pathogen or parasite. 
SEC. 8. PERMITS. 
(a) IN GENERAL.—The Director may issue to a quali-
fied institution a permit that authorizes the import into 
the United States or transport between States of wildlife 
designated as an injurious wildlife taxon or taxa for sci-
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
entific, zoological, medical research, or educational pur-
poses if the Director finds that qualified institution prop-
erly demonstrates— 
(1) responsibility; and 
(2) continued protection of— 
(A) human beings; 
(B) the interests of— 
(i) agriculture; 
(ii) horticulture; and 
(iii) forestry; and 
(C) wildlife and wildlife resources. 
(b) MULTI-YEAR PERMIT.—At the request of the 
qualified institution, a permit issued under subsection (a) 
shall be a multi-year permit of not less than 3 years if 
the permit is for a zoological, public display, conservation, 
or educational outreach purpose. 
(c) TERMS AND CONDITIONS.—The Director may in-
clude in a permit issued under subsection (a) any terms 
and conditions designed to minimize the risk of introduc-
tion, establishment, and transport between States of any 
wildlife designated as an injurious wildlife taxon or taxa, 
as determined by the Director. 
(d) TERMINATION.—The Director shall immediately 
terminate a permit issued under this section if the Direc-
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
tor determines that the holder of a multi-year permit 
issued under this section does not meet— 
(1) the definition of a ‘‘qualified institution’’; or 
(2) the requirements of subsection (a). 
(e) RECORDKEEPING AND REPORTING.— 
(1) RECORDKEEPING.—A qualified institution 
that is issued a permit under subsection (a) shall 
maintain records, subject to annual inspection by the 
Director, of the importation into the United States, 
transportation between States, possession, or breed-
ing of any wildlife designated as an injurious wildlife 
taxon or taxa. 
(2) REPORT.—Not later than March 1 of the 
first calendar year beginning after the date on which 
a permit is issued under subsection (a), and each 
March 1 thereafter for the duration of the permit, 
each qualified institution shall submit to the Direc-
tor a report on the importation, interstate transport, 
possession, or breeding by the qualified institution of 
any wildlife designated as an injurious wildlife taxon 
or taxa during the preceding calendar year. 
(f) REGULATIONS; LIST
OF QUALIFIED INSTITU-
TIONS.—The Director shall— 
(1) promulgate regulations to implement this 
section; and 
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
(2) maintain a current roster of qualified insti-
tutions on a publicly available Federal website and 
through other appropriate means, as determined by 
the Director. 
(g) STREAMLINING PERMIT APPLICATIONS.—The 
Director may develop and implement an electronic system 
for the submission of permit applications under this sec-
tion. 
SEC. 9. FEES FOR LIVE WILDLIFE SHIPMENT. 
(a) DEFINITION OF LIVE WILDLIFE SHIPMENT.—In 
this section, the term ‘‘live wildlife shipment’’ does not in-
clude a shipment made by a qualified institution for sci-
entific, zoological, medical research, or educational pur-
poses. 
(b) REASONABLE USER FEE.—Not later than 2 
years after the date of enactment of this Act, the Director 
shall propose and adopt by regulation a reasonable fee to 
be charged on any imported live wildlife shipment for use 
in recovering a portion of the costs of— 
(1) improving the information available on the 
importation into the United States and transport be-
tween States of wildlife; 
(2) monitoring the import information described 
in section 5; 
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
(3) conducting scientific risk assessments and 
risk management determinations for wildlife taxa 
under section 4(b); 
(4) making emergency temporary designations 
under section 4(f); and 
(5) developing and implementing an electronic 
system for streamlining the submission of permit ap-
plications in accordance with section 8(g). 
(c) COST RECOVERY PURPOSE.—The purpose of the 
user fee described in subsection (b) is to recover approxi-
mately 75 percent of the costs to the Director for the serv-
ices listed in that subsection after— 
(1) the date on which the user fee regulation 
described in that subsection is fully implemented; 
and 
(2) the amounts of the user fees received have 
been appropriated to the Fund established in section 
13(a) for not less than 1 full fiscal year. 
(d) FEE LIMIT.— 
(1) IN GENERAL.—The amount of the user fee 
under this section shall be— 
(A) set by the Director only after consid-
ering public comments on the proposed user fee 
regulation; and 
(B) charged— 
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
(i) broadly and fairly across the live 
wildlife import industry; and 
(ii) at the lowest level practicable to 
achieve the cost recovery purpose described 
in subsection (c). 
(2) ANNUAL TOTAL FEE REVENUE.—In setting 
the user fee under this section, the Director shall 
seek to set a user fee amount that ensures that the 
annual total user fee revenue is not more than the 
amount of the annual total fee revenue of the fees 
charged by the Director under the inspection pro-
gram of the Director to oversee the importation of 
live wildlife carried out pursuant to— 
(A) section 11(f) of the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1540(f)); and 
(B) subpart I of part 14 of title 50, Code 
of Federal Regulations (or successor regula-
tions). 
(e) SEPARATION FROM OTHER FEES.—The Sec-
retary shall keep the user fees collected in accordance with 
this section separate from any other fees that the Sec-
retary collects for any other law enforcement or inspection 
activity. 
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
SEC. 10. PENALTIES AND SANCTIONS. 
(a) ENFORCEMENT.—The Secretary and the Sec-
retary of Homeland Security— 
(1) shall enforce the provisions of this Act, in-
cluding any regulations or permits issued under this 
Act; and 
(2) may require the furnishing of an appro-
priate bond, if desirable to ensure compliance with 
those provisions. 
(b) AUTHORIZATION BY THE SECRETARY.—Any per-
son authorized by the Secretary to enforce this Act shall 
have the authorities described in section 6(b) of the Lacey 
Act Amendments of 1981 (16 U.S.C. 3375(b)). 
(c) CIVIL PENALTIES.— 
(1) IN GENERAL.—Subject to paragraph (2), 
any person who violates any provision of this Act, 
any permit issued under this Act, or a regulation 
issued under this Act may be assessed a civil penalty 
by the Secretary of not more than $10,000 for each 
violation. 
(2) NOTICE AND OPPORTUNITY FOR A HEAR-
ING.— 
(A) IN GENERAL.—No civil penalty may be 
assessed under this subsection for a violation 
under this Act unless a person described in 
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
paragraph (1) is given notice and opportunity 
for a hearing with respect to the violation. 
(B) HEARING.— 
(i) IN GENERAL.—A hearing described 
in subparagraph (A) shall be conducted in 
accordance with section 554 of title 5, 
United States Code. 
(ii) SUBPOENA.—The Secretary may, 
for any hearing under this paragraph— 
(I) issue a subpoena for— 
(aa) the attendance or testi-
mony of a witness; or 
(bb) the production of rel-
evant papers, books, or docu-
ments; and 
(II) administer an oath. 
(iii) FEES AND MILEAGE.—Any wit-
ness summoned under clause (ii) shall be 
paid the same fees and mileage that are 
paid to a witness in a court of the United 
States. 
(iv) CONTUMACY
OR
FAILURE
TO 
OBEY A SUBPOENA.— 
(I) IN GENERAL.—In the case of 
contumacy or failure to obey a sub-
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
poena issued under clause (ii), the dis-
trict court of the United States for 
the district in which the subpoenaed 
person is found, resides, or transacts 
business, on application by the United 
States and after notice to the subpoe-
naed person, may issue an order re-
quiring the person— 
(aa) to appear and give tes-
timony before the Secretary; or 
(bb) to appear and produce 
documentary evidence before the 
Secretary. 
(II) FAILURE TO OBEY ORDER.— 
Any failure to obey an order issued 
under subclause (I) may be punished 
by the court described in that sub-
clause as contempt of that court. 
(3) SEPARATE OFFENSE.—Each violation under 
this Act shall be a separate offense. 
(4) REMISSION OR MITIGATION.—The Secretary 
may remit or mitigate any civil penalty assessed 
under this subsection. 
(5) FAILURE TO PAY.— 
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
(A) IN GENERAL.—If a person assessed a 
civil penalty under paragraph (1) fails to pay 
the civil penalty, the Secretary may request 
that the Attorney General institute a civil ac-
tion to collect the penalty in a district court of 
the United States for any district in which the 
person is found, resides, or transacts business, 
and that court shall have jurisdiction to hear 
and decide the action. 
(B) RECORD; SUBSTANTIAL EVIDENCE.— 
The court described in subparagraph (A) 
shall— 
(i) hear the action described in that 
subparagraph on the record made before 
the Secretary in a hearing under in para-
graph (2)(B); and 
(ii) sustain the decision of the Sec-
retary if that decision is supported by sub-
stantial evidence in the record, considered 
as a whole. 
(d) CRIMINAL OFFENSES.—Any person who know-
ingly violates any provision of this Act, any permit issued 
under this Act, or a regulation issued under this Act shall 
be guilty of a class A misdemeanor. 
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
(e) NATURAL RESOURCE DAMAGES.—Any costs re-
lating to the mitigation of injury caused by a violation of 
this Act shall be borne by the person who violated this 
Act. 
(f) FORFEITURE.— 
(1) IN GENERAL.— 
(A) WILDLIFE.—Any wildlife that is im-
ported, transported, possessed, or released into 
the wild in violation of this Act or a permit or 
regulation issued under this Act, or any wildlife 
that any person has attempted to import, trans-
port, possess, or release into the wild in viola-
tion of this Act or a permit or regulation issued 
under this Act, shall be promptly exported or 
destroyed at the expense of the importer, con-
signee, or recipient. 
(B) EQUIPMENT.—Any vessel, vehicle, air-
craft, or other equipment used to aid in the im-
porting, transporting, possessing, or releasing 
into the wild, or in the attempt to import, 
transport, possess, or release into the wild, of 
wildlife in a criminal violation of this Act shall 
be subject to forfeiture to the United States if 
the owner of the vessel, vehicle, aircraft, or 
equipment was, at the time of the alleged illegal 
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
act, a consenting party or privy to the alleged 
illegal act or in the exercise of due care should 
have known that the vessel, vehicle, aircraft, or 
equipment would be used in a criminal violation 
of this Act. 
(2) APPLICATION OF CUSTOMS LAW.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), all provisions of law relating to the 
seizure, forfeiture, and condemnation of prop-
erty for violation of customs law, the disposition 
of that property or the proceeds from the sale 
of that property, and the remission or mitiga-
tion of that forfeiture, shall apply to the sei-
zures and forfeitures incurred, or alleged to 
have been incurred, under this Act if those pro-
visions of law are not inconsistent with this Act. 
(B) EXCEPTION.—Any power, right, or 
duty conferred or imposed by customs law on 
any officer or employee of the Department of 
Homeland Security may, for the purposes of 
this Act, be exercised or performed by the Sec-
retary, or by such persons as the Secretary may 
designate, only if a warrant for the search or 
seizure is issued in accordance with rule 41 of 
the Federal Rules of Criminal Procedure. 
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
(3) STORAGE COST.—Any person convicted of 
an offense or assessed a civil penalty under this Act 
shall be liable for the costs incurred in the storage, 
care, and maintenance of any wildlife seized in con-
nection with the applicable violation. 
(4) CIVIL
FORFEITURE.—A civil forfeiture 
under this section shall be governed by chapter 46 
of title 18, United States Code. 
SEC. 11. RELATIONSHIP TO STATE AND FEDERAL LAW. 
(a) RELATIONSHIP TO STATE LAW.—Nothing in this 
Act prevents a State or Indian tribe from making or en-
forcing a law or regulation that is consistent with this Act. 
(b) REPEAL.— 
(1) IN
GENERAL.—Section 42 of title 18, 
United States Code, is amended— 
(A) by striking ‘‘(a)(1) The’’ and all that 
follows through ‘‘(c) The Secretary’’ and insert-
ing ‘‘The Secretary’’; and 
(B) by striking ‘‘this subsection’’ each 
place it appears and inserting ‘‘this section’’. 
(2) EFFECT.—The amendment made by para-
graph (1) shall not affect any right or duty that ma-
tured, any penalty that was incurred, or any pro-
ceeding begun, under subsection (a) or (b) of section 
42 of title 18, United States Code (as in effect on 
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
the day before the date of enactment of this Act), 
before the date of enactment of this Act. 
(c) RELATIONSHIP TO OTHER FEDERAL LAWS.— 
Nothing in this Act— 
(1) repeals, supersedes, or modifies— 
(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.); 
(D) the Animal Health Protection Act (7 
U.S.C. 8301 et seq.); 
(E) the Animal Welfare Act (7 U.S.C. 
2131 et seq.); 
(F) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); 
(G) any other provision of Federal law 
other than the provision described in subsection 
(b); or 
(H) any right, privilege, or immunity 
granted, reserved, or established pursuant to a 
treaty, statute, or an Executive order relating 
to any Indian tribe, band, or community; 
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
(2) enlarges or diminishes the authority of any 
State or Indian tribe to regulate the activities of any 
person on an Indian reservation; or 
(3) authorizes any action with respect to the 
importation of any plant pest, including any biologi-
cal control agent, under the Plant Protection Act (7 
U.S.C. 7701 et seq.) to the extent that the importa-
tion of the plant pest, including a biological control 
agent, is subject to regulation under that Act. 
SEC. 12. REQUIREMENT TO PROMULGATE REGULATIONS. 
The Secretary— 
(1) shall promulgate the regulations required by 
this Act; and 
(2) may promulgate other such regulations as 
are necessary to carry out this Act. 
SEC. 13. ESTABLISHMENT OF FUNDS AND APPROPRIA-
TIONS ACCOUNT. 
(a) INJURIOUS WILDLIFE PREVENTION FUND.— 
(1) ESTABLISHMENT.—The Secretary of the 
Treasury shall establish in the Treasury of the 
United States a fund, to be known as the ‘‘Injurious 
Wildlife Prevention Fund’’. 
(2) DEPOSITS.—Beginning with the next full 
fiscal year after the date of enactment of this Act 
and for each fiscal year thereafter, the Secretary 
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
and the Secretary of the Treasury shall deposit in 
the Fund all revenues received by the Secretary and 
the Secretary of Treasury as user fees under section 
9 and civil and criminal penalties under section 10. 
(3) ADMINISTRATION.—The Secretary shall ad-
minister the Fund. 
(4) OBLIGATIONS.— 
(A) IN GENERAL.—The Secretary and the 
Director, as appropriate, may obligate amounts 
in the Fund to carry out this Act, without fur-
ther appropriation. 
(B) AVAILABILITY.—Amounts available for 
obligation under this section shall remain avail-
able without fiscal year limitation. 
(b) 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 Direc-
tor to carry out paragraph (2). 
(2) 
NATURAL
RESOURCE
ASSISTANCE 
GRANTS.— 
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
(A) IN GENERAL.—The Secretary shall es-
tablish a program to make natural resource as-
sistance grants to States and Indian tribes for 
use in supporting best practices and capacity 
building by States and Indian tribes, consistent 
with the purposes of this Act, for— 
(i) inspecting and monitoring inter-
state transport of wildlife between States; 
and 
(ii) conducting assessments of risk as-
sociated with the intentional importation of 
any wildlife. 
(B) FUNDING.—Of the amounts described 
in paragraph (1)(B), 10 percent shall be avail-
able to the Director for the implementation of 
the program established under subparagraph 
(A). 
(c) PROHIBITION.—Amounts in the Fund may not be 
made available for any purpose other than a purpose de-
scribed in subsection (b). 
(d) ANNUAL REPORTS.— 
(1) IN GENERAL.—Not later than 60 days after 
the end of each fiscal year beginning with fiscal year 
2017, the Director shall submit to the Committees 
on Appropriations and Environment and Public 
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
Works of the Senate and the Committees on Appro-
priations and Natural Resources of the House of 
Representatives a report that describes the operation 
of the Fund during the preceding fiscal year. 
(2) CONTENTS.—A report described in para-
graph (1) shall include, for the fiscal year covered by 
the report— 
(A) a statement of the amounts deposited 
in the Fund; 
(B) a description of any expenditure made 
from the Fund for the fiscal year, including the 
purpose of the expenditure; 
(C) a recommendation for any additional 
authority to fulfill the purpose of the Fund; and 
(D) a statement of the balance remaining 
in the Fund at the end of the fiscal year. 
(e) SEPARATE APPROPRIATIONS ACCOUNT.—Section 
1105(a) of title 31, United States Code, is amended by 
adding at the end the following: 
‘‘(40) a separate statement for the Injurious 
Wildlife Prevention Fund established under section 
13(a) of the Invasive Fish and Wildlife Prevention 
Act of 2016, that includes the estimated amount of 
deposits in the Fund, obligations, and outlays from 
the Fund.’’. 
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS
SEC. 14. SEVERABILITY. 
If any provision of this Act, an amendment made by 
this Act, or the application of such a provision or amend-
ment to any person or circumstance is held to be unconsti-
tutional, the remainder of this Act and the amendments 
made by this Act, and the application of the provision or 
amendment to any other person or circumstance, shall not 
be affected. 
Æ 
VerDate Sep 11 2014 
23:35 Aug 01, 2016
Jkt 059200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6301
E:\BILLS\H5895.IH
H5895
SSpencer on DSK4SPTVN1PROD with BILLS