GovTrack’s Bill Summary
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H.R. 80 (111th): Captive Primate Safety Act
- Introduced:
- Jan 06, 2009 (111th Congress, 2009–2010)
- Sponsor:
- Rep. Earl Blumenauer [D-OR3]
- Status:
- Died (Passed House)
The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.
Library of Congress Summary
The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.
7/20/2009. Amends the Lacey Act Amendments of 1981 to add nonhuman primates to the definition of "prohibited wildlife species" for purposes of the prohibition against the sale or purchase of such species in interstate or foreign commerce.
Makes it unlawful for a person to import, export, transport, sell, receive, acquire, or purchase a live animal of any prohibited wildlife species in interstate or foreign commerce (i.e., for pet trade purposes).
Sets forth exceptions to such prohibition, including, under certain conditions, for:
(1) transporting a nonhuman primate to or from a veterinarian;
(2) transporting a nonhuman primate to a legally designated caregiver as a result of the death of the preceding owner; and
(3) transporting a single primate of the genus Cebus that was obtained from and trained by a charitable organization to assist a permanently disabled individual with a severe mobility impairment.
Sets forth civil and criminal penalties for violations of the requirements of this Act. Extends the authorization of appropriations to carry out such prohibition for FY2010-FY2014.
Authorizes appropriations to the Secretary for FY2010 to hire additional law enforcement personnel of the United States Fish and Wildlife Service to enforce the Lacey Act Amendments of 1981.
House Republican Conference Summary
The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.
This summary can be found at http://www.gop.gov/bill/111/1/hr80.
Background
The Lacey Act (16 U.S.C. 701) was enacted in 1900 in an effort to protect species of wildlife by banning the interstate transport of wildlife killed in violation of a federal, state, or tribal law. The original Lacey Act has been amended several times since its enactment.
The Lacey Act Amendments of 1981 made it unlawful for any person to attempt, assist, or actively participate in the import, export, transport, purchase or sale of fish, wildlife or plants taken or possessed in violation of federal, state, or tribal law. In 2003, Congress passed the Captive Wildlife Safety Act (P.L. 108-191), which was introduced by Congressman Howard McKeon (R-CA), on November 19, 2003, and passed by a vote of 419-0. The bill amended the Lacey Act Amendments to include big game cats, such as lions and tigers. The President signed the Captive Wildlife Safety Act into law on December 19, 2003.
The House considered identical legislation (H.R. 2964) in the 110th Congress. The bill passed the House on suspension by a vote of 302-96.
Summary
H.R. 80 amends the Lacey Act Amendments of 1981, by prohibiting the import, export, transport, sale, receipt, acquisition, or purchase of any live non-human primate (such as monkeys, chimpanzees, great apes, lemurs, etc.) through interstate or foreign commerce.
The legislation allows the transport of these non-human primates for veterinary purposes as long as the person transporting the animal carries proof of the appointment issued by the veterinarian and the animal is transported and treated within all applicable State and local laws. H.R. 80 also allows individuals who own such primates to give them to an out-of-state caregiver upon the death of the owner. The legislation sets civil and criminal penalties for violations of the provisions of the Act.
The bill authorizes $5 million annually for the Secretary of the Interior to hire additional U.S. Fish and Wildlife Service Officers to enforce this Act.
Cost
A CBO score for H.R. 80 was not available. However, according to a score for H.R. 2964, an identical bill considered in the 110th Congress, CBO estimated that implementing the bill would cost $17 million over the 2009-2013 period to enforce the new prohibition.
House Democratic Caucus Summary
The House Democratic Caucus does not provide summaries of bills.
So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.
We’ll be looking for a source of summaries from the other side in the meanwhile.
The bill contains the following citations to other parts of U.S. law:
Slip Laws
Slip laws refer to enacted bills and joint resolutions in their original form as enacted by Congress, that is, before other laws amend them. Slip laws are cited as “Public Law XXX-YYY”, where XXX is the number of the Congress in which the bill or resolution was introduced.
- Public Law 108-191
United States Code
The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)
- Title 16: CONSERVATION
- Chapter 53: CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE
- Section 3371: Definitions
- Section 3372: Prohibited acts
- Section 3373: Penalties and sanctions
- Section 3376: Administration
Statutes at Large
The United States Statutes at Large is the compilation of all laws enacted by Congress.
- 117 Stat. 2871