LEAD Act of 2021
Bill: H.R.405 | Sponsor: Rep. Lieu, Ted (D-CA)
Policy area: Public Lands and Natural Resources

Summary:
Lead Endangers Animals Daily Act of 2021 or the LEAD Act of 2021
This bill directs the Department of the Interior to issue final regulations prohibiting the discharge of any firearm using ammunition other than nonlead ammunition on all lands and waters under the jurisdiction and control of the U.S. Fish and Wildlife Service.
Interior shall establish and annually update a list of nonlead ammunition.
The prohibition shall not apply to (1) a government official or agent who is carrying out a statutory duty unrelated to the management of wildlife; (2) a state, local, tribal, or federal law enforcement officer, or the agent of such an officer, who is carrying out a statutory duty; or (3) an active member of the U.S. military who is carrying out official duties.
A person that knowingly violates the prohibition may be assessed a civil penalty by Interior of (1) no more than $500 for the first violation, and (2) no less than $1,000 or more than $5,000 for a second or subsequent violation.

To require the Secretary of the Interior to prohibit the use of lead 
 ammunition on United States Fish and Wildlife Service lands, 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 ``Lead Endangers Animals Daily Act of 
2021'' or the ``LEAD Act of 2021''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In 1991, the United States Fish and Wildlife Service 
        required the use of nontoxic ammunition for all waterfowl 
        hunting.
            (2) Research has shown that the presence of lead in the 
        environment poses a threat to human and wildlife health.
            (3) The Environmental Protection Agency has determined that 
        lead is toxic to both humans and animals, and can negatively 
        affect nearly every organ and system in the human body, 
        including the heart, bones, intestines, kidneys, and 
        reproductive and nervous systems. Lead exposure interferes with 
        the development of the nervous system and is therefore 
        particularly toxic to children, causing potentially permanent 
        learning and behavioral disorders.
            (4) Lead is a potent neurotoxin, for which no safe exposure 
        level exists for humans. The use of lead has been outlawed in 
        and removed from paint, gasoline, children's toys, and many 
        other items to protect human health and wildlife.
            (5) Wildlife, including federally listed threatened and 
        endangered species, is at risk of lead toxicosis through the 
        ingestion of lead ammunition, either directly by ingesting lead 
        from spent ballistic materials while foraging, or indirectly by 
        scavenging carcasses and viscera left by hunters. Lead may also 
        pollute soil and water around outdoor shooting ranges.
            (6) Lead ammunition also endangers human food supplies. 
        Dairy and beef cattle have developed lead poisoning after 
        feeding in areas where spent lead ammunition has accumulated. 
        Spent lead ammunition can also contaminate crops, vegetation, 
        and waterways.
            (7) Humans are at risk of lead toxicosis through the 
        consumption of game meat harvested with lead ammunition.
            (8) Alternatives to lead ammunition are readily available, 
        and studies have shown that nonlead ammunition performs just as 
        well as lead-based ammunition.
            (9) In January 2017, the outgoing Director of the United 
        States Fish and Wildlife Service issued Director's Order 219. 
        In March 2017, the Principal Deputy Director of the United 
        States Fish and Wildlife Service repealed this Order.

SEC. 3. NONTOXIC AMMUNITION.

    (a) In General.--Except as provided in subsection (c), and not 
later than 1 year after enactment, the Secretary, acting through the 
Director, shall issue final regulations prohibiting the discharge of 
any firearm using ammunition other than nonlead ammunition certified 
under subsection (b) on all lands and waters under the jurisdiction and 
control of the United States Fish and Wildlife Service.
    (b) Certification.--The Director shall, for the purposes of 
enforcing this section and in consultation with State and Tribal 
governments, establish and annually update a list of nonlead 
ammunition.
    (c) Exceptions.--The prohibition under subsection (a) shall not 
apply to--
            (1) a Government official or agent carrying out a statutory 
        duty unrelated to the management of wildlife;
            (2) a State, local, Tribal, or Federal law enforcement 
        officer or the agent of such officer when carrying out a 
        statutory duty; and
            (3) an active member of the United States military when 
        carrying out official duties.
    (d) Penalties.--A person that knowingly violates subsection (a) may 
be assessed a civil penalty by the Secretary of no more than $500 for 
the first violation. A second or subsequent violation shall be 
punishable by a fine of not less than $1,000 or more than $5,000.
    (e) Definitions.--In this section:
            (1) Ammunition.--The term ``ammunition'' means any bullet, 
        ball, sabot, slug, buckshot, shot, pellet, or other projectile 
        that is expelled from a firearm through a barrel by force.
            (2) Director.--The term ``Director'' means the Director of 
        the United States Fish and Wildlife Service.
            (3) Explosive.--The term ``explosive'' has the meaning 
        given such term in section 844 of title 18, United States Code.
            (4) Firearm.--The term ``firearm'' means any weapon which 
        expels ammunition by the action of an explosive or compressed 
        air.
            (5) Nonlead ammunition.--The term ``nonlead ammunition'' 
        means ammunition in which there is no lead content, excluding 
        the presence of trace amounts of lead.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) Trace amounts.--The term ``trace amounts'' means one 
        percent or less by weight of the total weight of the 
        ammunition.
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