Kangaroo Protection Act of 2021
Bill: H.R.917 | Sponsor: Rep. Carbajal, Salud O. (D-CA)
Policy area: Animals

Summary:
Kangaroo Protection Act of 2021
This bill establishes new federal crimes related to commercial activities involving kangaroos and kangaroo products.
Specifically, the bill prohibits
A violator is subject to civil and criminal penalties. Additionally, a kangaroo or kangaroo product used in a violation is subject to forfeiture.

To prohibit the sale of kangaroo products, 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 ``Kangaroo Protection Act of 2021''.

SEC. 2. PROHIBITED ACTS WITH RESPECT TO KANGAROOS.

    (a) In General.--Chapter 3 of title 18, United States Code, is 
amended by adding at the end the following new section:

``SEC. 50. PROHIBITED ACTS WITH RESPECT TO KANGAROOS.

    ``(a) In General.--No person may knowingly--
            ``(1) bring into the United States for commercial purposes, 
        possess with the intent to sell, or sell a kangaroo (as defined 
        by subsection (h)); or
            ``(2) introduce into interstate commerce, manufacture for 
        introduction into interstate commerce, sell, trade, or 
        advertise in interstate commerce, offer to sell, or transport 
        or distribute in interstate commerce, any kangaroo product (as 
        defined by subsection (h)).
    ``(b) Criminal Penalties.--Any person who violates any provision of 
this section shall be subject to a criminal penalty of not more than--
            ``(1) one year in prison for each prohibited action under 
        subsection (a); or
            ``(2) $10,000 for each prohibited action under subsection 
        (a).
    ``(c) Civil Penalty.--Any person who violates any provision of this 
section may be assessed a civil penalty of not more than $10,000 for 
each prohibited action under subsection (a).
    ``(d) Forfeiture.--Any kangaroo or kangaroo product (as defined by 
subsection (h)) found to be used by a person in violation of subsection 
(a), shall be subject to forfeiture to the United States.
    ``(e) Regulations.--The Secretary of the Interior, in consultation 
with the Attorney General, the Secretary of Commerce, the Secretary of 
Agriculture, or any other agency the Secretary of the Interior 
determines necessary for consultation, may issue regulations 
appropriate to carry out this Act.
    ``(f) Enforcement.--The Secretary of the Interior, in consultation 
with the Attorney General, the Secretary of Commerce, the Secretary of 
Agriculture, or any other agency the Secretary of the Interior 
determines necessary for consultation, shall enforce this Act or any 
regulation implemented pursuant to this Act.
    ``(g) Citizen Suit.--(1) Except as provided in paragraph (3), any 
person may commence a civil suit on their own behalf--
                    ``(A) to enjoin any person, including the United 
                States and any other governmental instrumentality or 
                agency (to the extent permitted by the eleventh 
                amendment to the Constitution), who is alleged to be in 
                violation of any provision of this section or 
                regulation issued under the authority thereof; or
                    ``(B) against the Secretary of the Interior where 
                there is alleged a failure of the Secretary to perform 
                any act or duty under this section which is not 
                discretionary with the Secretary.
            ``(2) The district courts shall have jurisdiction, without 
        regard to the amount in controversy or the citizenship of the 
        parties, to enforce any such provision or regulation, or to 
        order the Secretary of the Interior to perform such act or 
        duty, as the case may be.
            ``(3)(A) No action may be commenced under paragraph (1)(A) 
        of this section--
                    ``(i) prior to sixty days after written notice of 
                the violation has been given to the Secretary, and to 
                any alleged violator of any such provision or 
                regulation;
                    ``(ii) if the United States has commenced action to 
                impose a civil penalty pursuant to this section; or
                    ``(iii) if the United States has commenced and is 
                diligently prosecuting a criminal action in a court of 
                the United States or a State to redress a violation of 
                any such provision or regulation.
            ``(B) No action may be commenced under subparagraph (1)(B) 
        of this section prior to sixty days after written notice has 
        been given to the Secretary.
            ``(4)(A) Any suit under this subsection may be brought in 
        the judicial district in which the violation occurs.
            ``(B) In any such suit under this subsection in which the 
        United States is not a party, the Attorney General, at the 
        request of the Secretary of the Interior, may intervene on 
        behalf of the United States as a matter of right.
            ``(5) The court, in issuing any final order in any suit 
        brought pursuant to paragraph (1) of this subsection, may award 
        costs of litigation (including reasonable attorney and expert 
        witness fees) to any party, whenever the court determines such 
        award is appropriate.
            ``(6) Any injunctive relief provided under this subsection 
        shall not restrict any right which any person (or class of 
        persons) may have under any statute or common law to seek 
        enforcement of any standard or limitation or to seek any other 
        relief (including relief against the Secretary or a State 
        agency).
    ``(h) Definitions.--In this section:
            ``(1) Kangaroo.--The term `kangaroo' means any dead animal 
        of the species or a part of any dead animal of the species 
        Osphranter rufus (commonly known as the `red kangaroo'), 
        Macropus giganteus (commonly known as the `eastern grey 
        kangaroo'), Macropus fuliginosus (commonly known as the 
        `western grey kangaroo'), or Osphranter robustus (commonly 
        known as the `common wallaroo kangaroo').
            ``(2) Kangaroo product.--The term `kangaroo product' means 
        any item that is composed in whole or in part of a kangaroo.
            ``(3) Person.--The term `person' includes any individual, 
        partnership, association, corporation, trust, or any officer, 
        employee, agent, department, or instrumentality of the Federal 
        Government or of any State or political subdivision thereof, or 
        any other entity subject to the jurisdiction of the United 
        States.
            ``(4) United states.--The term `United States', when used 
        in a geographical context, means each of the several States of 
        the United States, the District of Columbia, and territories 
        and possessions of the United States.''.
    (b) Clerical Amendment.--The table of contents of chapter 3 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 49 the following:

``50. Prohibited acts with respect to kangaroos.''.
    (c) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date that is 180 days after the date of the 
enactment of this Act.
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