[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1588 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 1588
To amend the Lacey Act Amendments of 1981 to prohibit importation,
exportation, transportation, sale, receipt, acquisition, and purchase
in interstate or foreign commerce, or in a manner substantially
affecting interstate or foreign commerce, or possession, of any live
animal of any prohibited primate species.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 12, 2021
Mr. Blumenthal (for himself, Mr. Booker, Mrs. Feinstein, Mrs.
Gillibrand, and Mr. Markey) introduced the following bill; which was
read twice and referred to the Committee on Environment and Public
Works
_______________________________________________________________________
A BILL
To amend the Lacey Act Amendments of 1981 to prohibit importation,
exportation, transportation, sale, receipt, acquisition, and purchase
in interstate or foreign commerce, or in a manner substantially
affecting interstate or foreign commerce, or possession, of any live
animal of any prohibited primate species.
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 ``Captive Primate Safety Act''.
SEC. 2. DEFINITION OF PROHIBITED PRIMATE SPECIES.
Section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 3371) is
amended--
(1) by redesignating paragraphs (g) through (k) as
paragraphs (h) through (l), respectively; and
(2) by inserting after paragraph (f) the following:
``(g) Prohibited Primate Species.--The term `prohibited primate
species' means any live species of nonhuman primate, including
chimpanzees, galagos, gibbons, gorillas, lemurs, lorises, monkeys,
orangutans, tarsiers, or any hybrid of such a species.''.
SEC. 3. PROHIBITIONS.
(a) Prohibited Acts.--Section 3 of the Lacey Act Amendments of 1981
(16 U.S.C. 3372) is amended--
(1) in subsection (a)--
(A) in paragraph (3)(B)(iii), by striking ``; or''
and inserting a semicolon; and
(B) by striking paragraph (4) and inserting the
following:
``(4) subject to subsection (f), to import, export,
transport, sell, receive, acquire, or purchase in interstate or
foreign commerce, or in a manner substantially affecting
interstate or foreign commerce, or to possess, any prohibited
primate species; or
``(5) to attempt to commit any act described in paragraphs
(1) through (4).'';
(2) by redesignating subsection (f) as subsection (g); and
(3) by inserting before subsection (g) (as so redesignated)
the following:
``(f) Nonapplicability of Prohibited Primate Species Offense.--
Subsection (a)(4) does not apply to--
``(1) a person exhibiting animals to the public under a
Class C license issued by the Department of Agriculture, or a
Federal facility registered with the Department of Agriculture
that exhibits animals, if such person or facility--
``(A) holds such license or registration in good
standing; and
``(B) does not allow any individual to come into
direct physical contact with a prohibited primate
species, other than a lemur or a galago, unless that
individual is--
``(i) a trained professional employee or
contractor of the person or facility, or an
accompanying employee receiving professional
training;
``(ii) a licensed veterinarian, or a
veterinary student accompanying such a
veterinarian; or
``(iii) directly supporting conservation
programs of the entity or facility, the contact
is not in the course of commercial activity
(which may be evidenced by advertisement or
promotion of such activity or other relevant
evidence), and the contact is incidental to
humane husbandry conducted pursuant to a
species-specific, publicly available, peer-
edited population management and care plan that
has been provided to the Secretary with
justifications that the plan--
``(I) reflects established
conservation science principles;
``(II) incorporates genetic and
demographic analysis of a multi-
institution population of animals
covered by the plan; and
``(III) promotes animal welfare by
ensuring that the frequency of breeding
is appropriate for the species;
``(2) a person registered as a research facility by the
Department of Agriculture;
``(3) a State college, university, or agency, or a State-
licensed veterinarian;
``(4) a wildlife sanctuary that cares for prohibited
primate species, and--
``(A) is a corporation that is exempt from taxation
under section 501(a) of the Internal Revenue Code of
1986 and described in sections 501(c)(3) and
170(b)(1)(A)(vi) of such Code;
``(B) does not commercially trade in any prohibited
primate species, including offspring, parts, and
byproducts of such animals;
``(C) does not breed any prohibited primate
species;
``(D) does not allow direct contact between the
public and any prohibited primate species; and
``(E) does not allow the transportation and display
of any prohibited primate species off-site;
``(5) a person that has custody of any prohibited primate
species solely for the purpose of expeditiously transporting
the prohibited primate species to a person described in this
subsection with respect to the species; or
``(6) a person that is in possession of any prohibited
primate species that was born before the date of the enactment
of the Captive Primate Safety Act, if the person--
``(A) not later than 180 days after the date of the
enactment of such Act, registers each individual animal
of each prohibited primate species possessed by the
person with the United States Fish and Wildlife
Service;
``(B) does not breed, acquire, or sell any
prohibited primate species after the date of the
enactment of such Act; and
``(C) does not allow direct contact between the
public and prohibited primate species.''.
(b) Civil Penalties.--Section 4(a)(1) of the Lacey Act Amendments
of 1981 (16 U.S.C. 3373(a)(1)) is amended--
(1) by striking ``and (f)'' and inserting ``(f), and (g)'';
and
(2) by striking ``or (f)'' and inserting ``(f), or (g)''.
(c) Criminal Penalties.--Section 4(d) of the Lacey Act Amendments
of 1981 (16 U.S.C. 3373(d)) is amended--
(1) in paragraph (1), by striking ``and (f)'' each place it
appears and inserting ``(f), and (g)''; and
(2) in paragraph (3), by striking ``(d) or (f)'' and
inserting ``(d), (f), or (g)''.
(d) Effective Date; Regulations.--
(1) Effective date.--Subsections (a) through (c), and the
amendments made by those subsections, shall take effect on the
earlier of--
(A) the date of promulgation of regulations under
paragraph (2); and
(B) the expiration of the period referred to in
paragraph (2).
(2) Regulations.--Not later than the end of the 180-day
period beginning on the date of the enactment of this Act, the
Secretary of the Interior shall promulgate regulations
implementing the amendments made by this section.
SEC. 4. REGULATIONS.
Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C.
3376(a)) is amended--
(1) in paragraph (1), by striking ``3(f)'' and inserting
``3(g)''; and
(2) by adding at the end the following:
``(3) The Secretary shall, in consultation with other
relevant Federal and State agencies, promulgate any regulations
necessary to implement section 3(f).''.
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