[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 917 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 917
To prohibit the sale of kangaroo products, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 8, 2021
Mr. Carbajal (for himself and Mr. Fitzpatrick) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
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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