[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3852 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 3852
To require the Secretary of the Interior, acting through the Director
of the United States Fish and Wildlife Service, to promulgate
regulations prohibiting the use of lead ammunition on all land and
water under the jurisdiction and control of the United States Fish and
Wildlife Service, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 29, 2024
Ms. Duckworth (for herself and Mr. Booker) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To require the Secretary of the Interior, acting through the Director
of the United States Fish and Wildlife Service, to promulgate
regulations prohibiting the use of lead ammunition on all land and
water under the jurisdiction and control of the United States Fish and
Wildlife Service, 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
2024'' or the ``LEAD Act of 2024''.
SEC. 2. FINDINGS.
Congress finds that--
(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--
(A) is toxic to humans and animals; and
(B) can negatively affect nearly every organ and
system in the human body, including the heart, bones,
intestines, kidneys, and reproductive and nervous
systems;
(4) lead exposure interferes with the development of the
nervous system and is therefore particularly toxic to children,
causing potentially permanent learning and behavioral
disorders;
(5) lead is a potent neurotoxin, for which no safe exposure
level exists for humans;
(6) the use of lead has been outlawed in, and removed from,
paint, gasoline, children's toys, and many other items for the
purpose of protecting human health and wildlife;
(7) wildlife, including species listed as threatened or
endangered under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), is at risk of lead toxicosis through the
ingestion of lead ammunition either--
(A) directly, by ingesting lead from spent
ballistic materials while foraging; or
(B) indirectly, by scavenging carcasses and viscera
left by hunters;
(8) lead may pollute soil and water around outdoor shooting
ranges;
(9) lead ammunition endangers human food supplies;
(10) dairy and beef cattle have developed lead poisoning
after feeding in areas where spent lead ammunition has
accumulated;
(11) in addition to contaminating dairy and beef cattle,
spent lead ammunition can also contaminate crops, vegetation,
and waterways;
(12) humans are at risk of lead toxicosis through the
consumption of game meat harvested with lead ammunition;
(13) alternatives to lead ammunition are readily available,
and studies have shown that nonlead ammunition performs just as
well as lead-based ammunition; and
(14) in January 2017, the outgoing Director of the United
States Fish and Wildlife Service issued Director's Order 219,
which was repealed in March 2017 by the Principal Deputy
Director of the United States Fish and Wildlife Service.
SEC. 3. LEAD AMMUNITION PROHIBITION.
(a) 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 the term in section 844(j) of title 18, United States
Code.
(4) Firearm.--The term ``firearm'' means a weapon that
expels ammunition by way of an explosive or compressed air.
(5) Nonlead ammunition.--
(A) In general.--The term ``nonlead ammunition''
means ammunition in which there is no lead content,
excluding the presence of trace amounts of lead.
(B) Trace amounts.--For purposes of subparagraph
(A), the term ``trace amounts'' means 1 percent or less
by weight of the total weight of the ammunition.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Prohibition.--Not later than 1 year after the date of enactment
of this Act, and in accordance with subsections (c) through (e), the
Secretary, acting through the Director, shall promulgate regulations
prohibiting the discharge of a firearm that uses ammunition, other than
nonlead ammunition included on the list developed and updated in
accordance with subsection (c), on all land and water under the
jurisdiction and control of the United States Fish and Wildlife
Service.
(c) Acceptable Nonlead Ammunition.--The Director, in consultation
with State and Tribal governments, shall develop and annually update a
list of nonlead ammunition.
(d) Exceptions.--The regulations promulgated under subsection (b)
shall provide that the prohibition described in that subsection shall
not apply--
(1) to a government official or agent carrying out a
statutory duty unrelated to the management of wildlife;
(2) to a State, local, Tribal, or Federal law enforcement
officer, or an agent of such officer, when carrying out a
statutory duty; and
(3) to an active member of the United States military when
carrying out official duties.
(e) Penalties.--The regulations promulgated under subsection (b)
shall provide that any person that knowingly violates those regulations
may be assessed a civil penalty by the Secretary of--
(1) in the case of a first violation, not more than $500;
and
(2) in the case of each subsequent violation, not less than
$1,000 and not more than $5,000.
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