Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?
                                                       Calendar No. 650
113th Congress                                                   Report
                                 SENATE
 2d Session                                                     113-308

======================================================================



 
                       CAPTIVE PRIMATE SAFETY ACT

                                _______
                                

               December 11, 2014.--Ordered to be printed

                                _______
                                

    Mrs. Boxer, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1463]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 1463) to amend the Lacey Act Amendments of 
1981 to prohibit the importation, exportation, transportation, 
sale, receipt, acquisition, and purchase in interstate or 
foreign commerce, or in a manner substantially affecting 
interstate or foreign commerce, of any live animal of any 
prohibited wildlife species, and for other purposes, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                    General Statement and Background

    Nonhuman primates kept as pets pose serious risks to public 
health and safety. These animals can be dangerous and can 
spread life-threatening diseases. They can inflict serious 
harm.
    According to the Humane Society of the United States more 
than 275 people in 43 states have been injured by captive 
primates since 1990, with more incidents likely but unreported. 
On February 16, 2009, a much publicized chimpanzee attack of a 
Connecticut woman left her blind for life without her hands, 
nose, lips and eyelids. The attack required a face transplant.
    Many incidents occur when primates have contact with people 
other than their owners or trained caretakers. The probability 
of contact with strangers and untrained people increases during 
interstate transport. If a nonhuman primate becomes too 
difficult to handle for the pet owner, there are few options 
for caring for them. Nonhuman primates purchased in the 
interstate pet trade can ultimately face abandonment, 
euthanasia, or a lifetime of containment in unsatisfactory 
conditions.
    Further, nonhuman primates are a possible source of 
infectious agents that pose a threat to humans, due to their 
genetic, physiologic and social similarities. The following 
zoonotic disease threats are known to originate in primates: 
Herpes B, monkeypox, Simian Immunodeficiency Virus (SIV), 
tuberculosis, yellow fever, and the Ebola virus. Not only do 
nonhuman primates pose significant risk of viral and bacterial 
disease transmission, but they also share fungal and parasitic 
diseases with humans, such as streptothricosis (a skin 
infection), ringworm, nematodes and arthropods (lice, mites and 
fleas).
    Because of the serious health risk, importing nonhuman 
primates to the United States for the pet trade has been banned 
by federal regulation since 1975. In addition, many states 
already prohibit having these animals as pets. Still, there is 
a vigorous trade in these animals. Estimates are that 15,000 
nonhuman primates are in private hands. As the trade is largely 
unregulated, the number may actually be much higher. Because 
many of these animals move in interstate commerce, federal 
legislation is needed.
    S. 1463 amends the Lacey Act by adding monkeys, apes, and 
other nonhuman primates to the list of animals that cannot be 
transported across state lines for the pet trade. It has no 
impact on trade or transportation of animals for zoos, research 
facilities, or other federally licensed and regulated entities. 
The bill is similar to the Captive Wildlife Safety Act, which 
Congress passed in 2003 to ban interstate commerce in lions, 
tigers, and other big cats for the pet trade.
    S. 1463 also makes technical corrections to the Lacey Act 
Amendments of 1981 and the Captive Wildlife Safety Act (CWSA) 
in order to ensure that the CWSA provisions found in 16 U.S.C. 
3372 are fully enforceable. Specifically, the Lacey Act's civil 
and criminal wildlife trafficking prohibitions are built upon a 
two-part prohibition scheme. Each trafficking violation 
requires proof of two acts involving wildlife at issue. First, 
the wildlife must be taken, possessed, transported or sold by 
someone in violation of existing laws or treaties. Second, the 
wildlife must be imported, exported, transported, sold, 
received, acquired or purchased. Although it was not Congress' 
intent, there is concern that the Act might be interpreted as 
providing that these two prohibited acts cannot be collapsed 
into one step or act committed by the defendant. Therefore, S. 
1463 includes technical corrections to ensure that the original 
intent of the legislation is achieved.

                     Objectives of the Legislation

    S.1463 amends the Lacey Act Amendments of 1981 to treat 
nonhuman primates as prohibited wildlife species under that 
Act, to make corrections in the provisions relating to captive 
wildlife offenses under that Act, and for other purposes.

                      Section-by-Section Analysis


Section 1. Short title

    This section provides that this Act may be cited as the 
``Captive Primate Safety Act''.

Sec. 2. Addition of nonhuman primates to the definition of prohibited 
        wildlife species

    This section amends the Lacey Act by adding nonhuman 
primates to the list of animals that cannot be transported, 
sold, received, acquired or purchased in interstate or foreign 
commerce.

Sec. 3. Captive wildlife amendments

    This section makes technical corrections to section 3 of 
the Lacey Act Amendments of 1981 (16 U.S.C. 3372, 3373(a) and 
3373(d)) and clarifies application of these prohibitions to 
certain entities and activities. This section limits the 
application of the prohibitions in the Act when persons are 
carrying out certain activities outlined in the Act, 
including--persons transporting a nonhuman primate to a 
veterinarian; persons transporting a nonhuman primate to a 
legally designated caregiver following death of the preceding 
owner; and persons transporting a nonhuman primate solely for 
the purpose of assisting an individual who is permanently 
disabled with a severe mobility impairment, if certain 
conditions are met.

Sec. 4. Applicability provision amendment

    This section makes technical corrections to section 3 of 
the Captive Wildlife Safety Act (117 Stat. 2871; Public Law 
108-191).

Sec. 5. Regulations

    This section amends section 7(a) of the Lacey Act Amendment 
of 1981 (16 U.S.C. 3376(a)) to direct the Secretary of the 
Interior, in consultation with other relevant federal and state 
agencies, to issue regulations to implement the Captive 
Wildlife Safety Act.

                          Legislative History

    In the 109th Congress, similar legislation, S. 1509, was 
introduced by Senator James Jeffords. S. 1509 was reported by 
the Senate Environment and Public Works Committee on June 19, 
2006, and passed the Senate without amendment by Unanimous 
Consent on July 11, 2006. In the 110th Congress, similar 
legislation was introduced by Senator Barbara Boxer, S. 1498. 
S. 1498 was ordered to be reported by the Senate Environment 
and Public Works Committee with an amendment favorably on July 
31, 2007.
    On January 6, 2009, in the 111th Congress, Rep. Earl 
Blumenauer [D-OR] introduced H.R. 80. Companion legislation was 
introduced by Senator Barbara Boxer on February 24, 2009. The 
bill passed the House of Representatives on February 24, 2009 
and was received, read twice and referred to the Senate 
Committee on Environment and Public Works on March 13, 2009. 
The Committee met on May 14, 2009, and ordered H.R. 80 to be 
reported favorably by voice vote.
    In the 112th Congress, Senator Barbara Boxer along with 
Senators Vitter and Blumenthal introduced S. 1324 on July 5, 
2011. The Committee met on June 21, 2012 ordered S. 1324 to be 
reported favorably.
    On July 30, 2014, the Committee met to consider S. 1463 in 
the current Congress. The bill was ordered favorably reported.

                             Rollcall Votes

    There were no roll call votes. The measure was approved by 
the Committee on Environment and Public Works by voice vote on 
July 30, 2014, with Senators Boozman, Crapo, Fischer, and 
Inhofe recorded as ``No''.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee finds that S. 1463 
does not create any additional regulatory burdens, nor will it 
cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the Committee notes that the Congressional 
Budget Office has found, ``S. 1463 contains no 
intergovernmental mandates as defined in the Unfunded Mandates 
Reform Act (UMRA) and would not affect the budgets of state, 
local, or tribal governments. S. 1463 would impose a private-
sector mandate, as defined in UMRA, by expanding the definition 
of a prohibited wildlife species in the Lacey Act to include 
nonhuman primates . . . the aggregate cost of the mandates in 
the bill would fall below the annual threshold established in 
UMRA for private-sector mandates ($152 million in 2014, 
adjusted annually for inflation).''

               Congressional Budget Office Cost Estimate


                                                 September 3, 2014.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1463, the Captive 
Primate Safety Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 1463--Captive Primate Safety Act

    S. 1463 would amend the Lacey Act to prohibit interstate 
and foreign trade of nonhuman primates. The Lacey Act prohibits 
trade in wildlife, fish, and plants that have been illegally 
taken, transported, or sold. Because the Lacey Act is enforced 
under current law and the bill makes only slight modifications 
to that act, CBO estimates that implementing the bill would 
have no significant effect on the federal budget. The 
legislation could increase revenues and associated direct 
spending; therefore, pay-as-you-go procedures apply. However, 
CBO estimates that any such changes would be insignificant.
    Because violators of the proposed prohibition on interstate 
and foreign trade of nonhuman primates would be subject to 
criminal and civil penalties, enacting S. 1463 could increase 
revenues from civil and criminal fines. Based on information 
obtained from the U.S. Fish and Wildlife Service (USFWS) about 
the relatively small number of violations likely to occur, CBO 
estimates that any such increase would be less than $500,000 
annually. Moreover, such changes would be fully offset by 
increases in direct spending from the Crime Victims Fund (where 
criminal fines are deposited) or the resource management 
account of the USFWS (where civil fines are deposited and used 
for rewards to informers and for other program costs).
    S. 1463 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA) and would not affect 
the budgets of state, local, or tribal governments.
    S. 1463 would impose a private-sector mandate, as defined 
in UMRA, by expanding the definition of a prohibited wildlife 
species in the Lacey Act to include nonhuman primates. Several 
groups are exempted from the prohibition, including entities 
that are licensed or registered by a federal agency. The bill 
would amend that exemption so that only federally licensed 
entities that do not allow direct contact between a member of 
the public and a prohibited wildlife species would be eligible. 
The bill also would remove state-licensed wildlife 
rehabilitators from the list of entities exempted from the 
prohibition in the Lacey Act. Finally, the bill would authorize 
people to transport nonhuman primates in some circumstances if 
they comply with the requirements for transport specified in 
the bill.
    The bill would primarily affect dealers of nonhuman 
primates that sell to the public by prohibiting those entities 
from selling or transporting nonhuman primates across state 
lines. Based on information from private organizations, CBO 
estimates that the cost of the mandate on dealers--the net loss 
of income--would be small. The costs to others who would be 
affected by the prohibition also would be small. Consequently, 
the aggregate cost of the mandates in the bill would fall below 
the annual threshold established in UMRA for private-sector 
mandates ($152 million in 2014, adjusted annually for 
inflation).
    The CBO staff contacts for this estimate are Jeff LaFave 
(for federal costs) and Amy Petz (for the private-sector 
impact). The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

           *       *       *       *       *       *       *


SEC. 2. [16 U.S.C. 3371] DEFINITIONS.

    For purposes of this Act:
    (a) The term ``fish or wildlife'' means any wild animal, 
whether alive or dead, including without limitation any wild 
mammal, bird, reptile, amphibian, fish, mollusk, crustacean, 
arthropod, coelenterate, or other invertebrate, whether or not 
bred, hatched, or born in captivity, and includes any part, 
product, egg, or offspring thereof.
    (b) * * *

           *       *       *       *       *       *       *

    (g) Prohibited Wildlife Species.--The term ``prohibited 
wildlife species'' means any live species of lion, tiger, 
leopard, cheetah, jaguar, or cougar or any hybrid of such 
species or any nonhuman primate.

           *       *       *       *       *       *       *


SEC. 3. [16 U.S.C. 3372] PROHIBITED ACTS.

      (a) Offenses Other Than Marking Offenses.--It is unlawful 
for any person--
          (1) to import, export, transport, sell, receive, 
        acquire, or purchase any fish or wildlife or plant 
        taken, possessed, transported, or sold in violation of 
        any law, treaty, or regulation of the United States or 
        in violation of any Indian tribal law;
          (2) to import, export, transport, sell, receive, 
        acquire, or purchase in interstate or foreign 
        commerce--
                  (A) any fish or wildlife taken, possessed, 
                transported, or sold in violation of any law or 
                regulation of any State or in violation of any 
                foreign law; or
                  (B) any plant--
                          (i) taken, possessed, transported, or 
                        sold in violation of any law or 
                        regulation of any State, or any foreign 
                        law, that protects plants or that 
                        regulates--
                                  (I) the theft of plants;
                                  (II) the taking of plants 
                                from a park, forest reserve, or 
                                other officially protected 
                                area;
                                  (III) the taking of plants 
                                from an officially designated 
                                area; or
                                  (IV) the taking of plants 
                                without, or contrary to, 
                                required authorization;
                          (ii) taken, possessed, transported, 
                        or sold without the payment of 
                        appropriate royalties, taxes, or 
                        stumpage fees required for the plant by 
                        any law or regulation of any State or 
                        any foreign law; or
                          (iii) taken, possessed, transported, 
                        or sold in violation of any limitation 
                        under any law or regulation of any 
                        State, or under any foreign law, 
                        governing the export or transshipment 
                        of plants [;or] ;
                  [(C) any prohibited wildlife species (subject 
                to subsection (e));]
          (3) within the special maritime and territorial 
        jurisdiction of the United States (as defined in 
        section 7 of title 18, United States Code)--
                  (A) to possess any fish or wildlife taken, 
                possessed, transported, or sold in violation of 
                any law or regulation of any State or in 
                violation of any foreign law or Indian tribal 
                law, or
                  (B) to possess any plant--
                          (i) taken, possessed, transported, or 
                        sold in violation of any law or 
                        regulation of any State, or any foreign 
                        law, that protects plants or that 
                        regulates--
                                  (I) the theft of plants;
                                  (II) the taking of plants 
                                from a park, forest reserve, or 
                                other officially protected 
                                area;
                                  (III) the taking of plants 
                                from an officially designated 
                                area; or
                                  (IV) the taking of plants 
                                without, or contrary to, 
                                required authorization;
                          (ii) taken, possessed, transported, 
                        or sold without the payment of 
                        appropriate royalties, taxes, or 
                        stumpage fees required for the plant by 
                        any law or regulation of any State or 
                        any foreign law; or
                          (iii) taken, possessed, transported, 
                        or sold in violation of any limitation 
                        under any law or regulation of any 
                        State, or under any foreign law, 
                        governing the export or transshipment 
                        of plants; or
          (4) to attempt to commit any act described in 
        paragraphs (1) through (3) or subsection (e).

           *       *       *       *       *       *       *

  [(e) Nonapplicability of Prohibited Wildlife Species 
Offense.--
          (1) In general.--Subsection (a)(2)(C) does not apply 
        to importation, exportation, transportation, sale, 
        receipt, acquisition, or purchase of an animal of a 
        prohibited wildlife species, by a person that, under 
        regulations prescribed under paragraph (3), is 
        described in paragraph (2) with respect to that 
        species.]
      (e) Captive Wildlife Offense.--
          (1) In general.--It is unlawful for any person to 
        import, export, transport, sell, receive, acquire, or 
        purchase in interstate or foreign commerce, or in a 
        manner substantially affecting interstate or foreign 
        commerce, any live animal of any prohibited wildlife 
        species.
          [(2) Persons described.--A person is described in 
        this paragraph, if the person--]
          (2) Limitation on application.--Paragraph (1) does 
        not apply to any person who--.
                  (A) is licensed or registered, and inspected, 
                by the Animal and Plant Health Inspection 
                Service or any other Federal agency with 
                respect to that species and does not allow 
                direct contact between the public and 
                prohibited wildlife species;
                  (B) is a State college, university, or 
                agency, [State-licensed wildlife 
                rehabilitator,] or State-licensed veterinarian;
                  (C) is an accredited wildlife sanctuary that 
                cares for prohibited wildlife species and--
                          (i) is a corporation that is exempt 
                        from taxation under section 501(a) of 
                        the Internal Revenue Code 1986 and 
                        described in sections 501(c)(3) and 
                        170(b)(1)(A)(vi) of such Code;
                          (ii) does not commercially trade in 
                        [animals listed in section 2(g)] 
                        prohibited wildlife species, including 
                        offspring, parts, and byproducts of 
                        such animals;
                          (iii) does not propagate [animals 
                        listed in section 2(g)] prohibited 
                        wildlife species; and
                          (iv) does not allow direct contact 
                        between the public and [animals] 
                        prohibited wildlife species; [or]
                  (D) has custody of the [animal] prohibited 
                wildlife species solely for the purpose of 
                expeditiously transporting the [animal] 
                prohibited wildlife species to a person 
                described in this paragraph with respect to the 
                species[.];or
          (3) Regulations.--Not later than 180 days after the 
        date of enactment of this subsection, the Secretary, in 
        cooperation with the Director of the Animal and Plant 
        Health Inspection Service, shall promulgate regulations 
        describing the persons described in paragraph (2).
          (4) State authority.--Nothing in this subsection 
        preempts or supersedes the authority of a State to 
        regulate wildlife species within that State.
          (5) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out subsection 
        (a)(2)(C)
                  (E) is transporting a nonhuman primate solely 
                for the purpose of assisting an individual who 
                is permanently disabled with a severe mobility 
                impairment, if--
                          (i) the nonhuman primate is a single 
                        animal of the genus Cebus;
                          (ii) the nonhuman primate was 
                        obtained from, and trained at, a 
                        licensed nonprofit organization that 
                        before July 18, 2008 was 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 on the 
                        basis that the mission of the 
                        organization is to improve the quality 
                        of life of severely mobility-impaired 
                        individuals;
                          (iii) the person transporting the 
                        nonhuman primate is a specially trained 
                        employee or agent of a nonprofit 
                        organization described in clause (ii) 
                        that is transporting the nonhuman 
                        primate to or from a designated 
                        individual who is permanently disabled 
                        with a severe mobility impairment;
                          (iv) the person transporting the 
                        nonhuman primate carries documentation 
                        from the applicable nonprofit 
                        organization that includes the name of 
                        the designated individual referred to 
                        in clause (iii);
                          (v) the nonhuman primate is 
                        transported in a secure enclosure that 
                        is appropriate for that species;
                          (vi) the nonhuman primate has no 
                        contact with any animal or member of 
                        the public, other than the designated 
                        individual referred to in clause (iii); 
                        and
                          (vii) the transportation of the 
                        nonhuman primate is in compliance 
                        with--
                                  (I) all applicable State and 
                                local restrictions regarding 
                                the transport; and
                                  (II) all applicable State and 
                                local requirements regarding 
                                permits or health certificates.

           *       *       *       *       *       *       *


SEC. 4. [16 U.S.C. 3373] PENALTIES AND SANCTIONS.

      (a) Civil Penalties.--
          (1) Any person who engages in conduct prohibited by 
        any provision of this Act (other than subsections (b), 
        (d), (e), and (f) of section 3) and in the exercise of 
        due care should know that the fish or wildlife or 
        plants were taken, possessed, transported, or sold in 
        violation of, or in a manner unlawful under, any 
        underlying law, treaty, or regulation, and any person 
        who knowingly violates subsection (d), (e), or (f) of 
        section 3, may be assessed a civil penalty by the 
        Secretary of not more than $10,000 for each such 
        violation: Provided, That when the violation involves 
        fish or wildlife or plants with a market value of less 
        than $350, and involves only the transportation, 
        acquisition, or receipt of fish or wildlife or plants 
        taken or possessed in violation of any law, treaty, or 
        regulation of the United States, any Indian tribal law, 
        any foreign law, or any law or regulation of any State, 
        the penalty assessed shall not exceed the maximum 
        provided for violation of said law, treaty, or 
        regulation, or $10,000, whichever is less.
          (2) Any person who violates subsection (b) or (f) of 
        section 3, except as provided in paragraph (1), may be 
        assessed a civil penalty by the Secretary of not more 
        than $250.

           *       *       *       *       *       *       *

      (d) Criminal Penalties.--
          (1) Any person who--
                  (A) knowingly imports or exports any fish or 
                wildlife or plants in violation of any 
                provision of this Act (other than subsections 
                (b), (d), (e), and (f) of section 3), or
                  (B) violates any provision of this Act (other 
                than subsections (b), (d), (e), and (f) of 
                section 3) by knowingly engaging in conduct 
                that involves the sale or purchase of, the 
                offer of sale or purchase of, or the intent to 
                sell or purchase, fish or wildlife or plants 
                with a market value in excess of $350,
        knowing that the fish or wildlife or plants were taken, 
        possessed, transported, or sold in violation of, or in 
        a manner unlawful under, any underlying law, treaty or 
        regulation, shall be fined not more than $20,000, or 
        imprisoned for not more than five years, or both. Each 
        violation shall be a separate offense and the offense 
        shall be deemed to have been committed not only in the 
        district where the violation first occurred, but also 
        in any district in which the defendant may have taken 
        or been in possession of the said fish or wildlife or 
        plants.
          (2) Any person who knowingly engages in conduct 
        prohibited by any provision of this Act (other than 
        subsections (b), (d), (e), and (f) of section 3) and in 
        the exercise of due care should know that the fish or 
        wildlife or plants were taken, possessed, transported, 
        or sold in violation of, or in a manner unlawful under, 
        any underlying law, treaty or regulation shall be fined 
        not more than $10,000, or imprisoned for not more than 
        one year, or both. Each violation shall be a separate 
        offense and the offense shall be deemed to have been 
        committed not only in the district where the violation 
        first occurred, but also in any district in which the 
        defendant may have taken or been in possession of the 
        said fish or wildlife or plants.
          (3) Any person who knowingly violates subsection 
        (d),(e), or (f) of section 3--
                  (A) shall be fined under title 18, United 
                States Code, or imprisoned for not more than 5 
                years, or both, if the offense involves--
                          (i) the importation or exportation of 
                        fish or wildlife or plants; or
                          (ii) the sale or purchase, offer of 
                        sale or purchase, or commission of an 
                        act with intent to sell or purchase 
                        fish or wildlife or plants with a 
                        market value greater than $350; and

           *       *       *       *       *       *       *


SEC. 7. [16 U.S.C. 3376] ADMINISTRATION.

      (a) Regulations.--
          (1) The Secretary, after consultation with the 
        Secretary of the Treasury, is authorized to issue such 
        regulations, except as provided in paragraph (2), as 
        may be necessary to carry out the provisions of 
        sections 3(f), 4, and 5 of this Act.
          (2) The Secretaries of the Interior and Commerce 
        shall jointly promulgate specific regulations to 
        implement the provisions of subsection 3(b) and of this 
        Act for the marking and labeling of containers or 
        packages containing fish or wildlife. These regulations 
        shall be in accordance with existing commercial 
        practices.

           *       *       *       *       *       *       *

          (3) The Secretary shall, in consultation with other 
        relevant Federal and State agencies, promulgate 
        regulations to implement section 3(e).

           *       *       *       *       *       *       *


          [PUBLIC LAW 108-191--DEC. 19, 2003, 117 Stat. 2781]


SEC 1. SHORT TITLE.

    This Act may be cited as the ``Captive Wildlife Safety 
Act''.

SEC. 2. DEFINITION OF PROHIBITED WILDLIFE SPECIES.

SEC. 3. PROHIBITED ACTS.

      [(a) In General.--Section 3] Section 3 of the Lacey Act 
Amendments of 1981

           *       *       *       *       *       *       *

      [(b) Application.--Section 3(a)(2)(C) of the Lacey Act 
Amendments of 1981 (as added by subsection (a)(1)(A)(iii)) 
shall apply beginning on the effective date of regulations 
promulgated under section 3(e)(3) of that Act(as added by 
subsection (a)(2)).]