ALERT: America COMPETES Act of 2022 Lacey Act Amendments - Jan 28, 2022


UPDATE

Printable Lacey Act Alert flyers! These are great for show vendors, sending in shipments, displaying in stores, etc.

Flyer #1: https://usark.org/wp-content/uploads/2022/03/2022-Lacey-SD.pdf

Flyer #2: https://usark.org/wp-content/uploads/2022/03/2022-Lacey-flyer.pdf

Printable Lacey Act Alert flyers! These are great for show vendors, sending in shipments, displaying in stores, etc.

Flyer #1: https://usark.org/wp-content/uploads/2022/03/2022-Lacey-SD.pdf

Flyer #2: https://usark.org/wp-content/uploads/2022/03/2022-Lacey-flyer.pdf

Read a comprehensive FAQ compilation at Lacey Act Amendments Frequently Asked Questions (FAQ) | USARK - United States Association of Reptile Keepers

Scroll down for easy steps to TAKE ACTION!

UPDATE 3/29:

A top priority on Capitol Hill is to pass the Bipartisan Innovation Act (this is the current name for the bill that will merge HR4521 and S1260). The primary goal of this bill is to boost high-tech research and chip manufacturing in the United States. Since the House and Senate passed different versions, the two versions must now be merged (reconciled). The process to conduct a formal reconciliation finally started Monday evening with a move from the Senate that replaced the text of HR4521 with the text of S1260 and sent it back to the House. House Majority Leader Steny Hoyer said the House should vote this week against the bill from the Senate. This downvote will trigger the formation of a conference committee with members from both chambers. That committee will reconcile HR4521 and S1260 to produce a final bill. Following a vote to begin a formal conference negotiation process, Chuck Schumer and Mitch McConnell must define the structure of the committee talks.

UPDATE 3/28:

Following a roll call to limit debate on the measure (cloture), the Senate voted 68-28 to send its version (text from S1260) of this bill back to the House. Next, the House will reject this bill. This was the process needed to set up a cross-chamber conference committee to settle on the final language for the bill (reconciliation of the two bills).

UPDATE 3/24:

As we have reported for nearly two months, the America COMPETES Act text will be swapped with the language from the Senate version (U.S. Innovation and Competition Act, or USICA). This should occur on March 28. USICA does not contain the Lacey Act amendments of concern. The bill will then be sent back to the House. Following this action, a committee of Senators and Representatives will form to reconcile the two bills. We must keep voicing opposition to keep the Lacey Act amendments from making it back into this bill.

UPDATE 3/17/22:

Discussions are escalating regarding the reconciliation of S1260 and HR4521. The goal to strengthen the economy of the U.S. is a priority so the formal conference to reconcile the bills may begin in late March or early April. Please keep contacting your legislators to keep the Lacey Act amendments from being included in the final bill!

UPDATE 2/14:

As we have stated, the America COMPETES Act (HR4521) and U.S. Innovation and Competition Act (S1260) will be reconciled (merged) in committee. The merged bill will likely have a new name. As of this update, the House has yet to send the final version of HR4521 to the Senate (due to over 200 amendments being added on the House floor). Informal discussion on the reconciliation may begin this week. The formal Senate/House conference should begin in March. This issue of strengthening the U.S. economy (specifically in the technology fields) is a priority for many in Congress. Our mission remains to keep the Lacey Act amendments from being added to this or any other bill.

The final HR4521 is 3,610 pages after the addition of the many floor amendments. These Lacey Act amendments found in Section 71102 begin on page 2,060. You can read the full bill at https://usark.org/wp-content/uploads/2022/02/2022-HR4521-COMPETES-final.pdf.

UPDATE 2/4:

This bill passed in the House and will go to the Senate. We will adjust our alert to contact Senators at the appropriate time. It was a slim margin with the final vote at 222-210.

UPDATE 2/1:

The America COMPETES Act passed out of the Rules Committee, as expected. It will next go to the full House for a vote [floor debate on February 2]. Our goal is not to stop the bill but to get the Lacey Act amendments removed. During today’s hearing, Arkansas Representative Westerman specifically cited the Lacey Act amendments as provisions that, “…would not stand a chance if they were vetted through regular order and the legislative process.” The hearing was filled with opposition and pointed concern that this Act is far too broad and unfocused with an unreasonable number of proposed amendments (over 600).

What is happening…

1/28/22: Buried within the 2,912 pages of the America COMPETES Act of 2022 (HR4521) lie Lacey Act amendments that affect all non-domesticated pet/animal (i.e. all animals except dogs, cats, and traditional farm animals) owners. COMPETES is an acronym for Creating Opportunities for Manufacturing, Pre-Eminence in Technology and Economic Strength. The stated purpose of the Act is to strengthen America’s economic and national security but obviously, this was slipped into the massive bill in hopes to go unnoticed.

The amendments would reverse the USARK federal lawsuit victory by reinstating the ban on interstate transportation of species listed as injurious under the Lacey Act. The bill would also create a “white list” (see #2 below) that could affect millions of pet owners, as well as pet businesses. Could your pet or species of interest (not just reptiles) potentially survive in southern Florida or any other location in the U.S.? Then it could be listed as injurious for just that reason! If this passes and your species of interest, even your pet, is listed as injurious, then it cannot be transported across state lines. That means you could not even take a pet with you if you moved to another state or needed veterinary care across a state border. This does not just ban sales but prohibits all interstate transportation and importation into the U.S. This will trickle down to hundreds or thousands of common pet species.

The America COMPETES Act passed in the House on February 4 (updated). It now goes to the Senate to be reconciled with an innovation policy package called the U.S. Innovation and Competition Act, or USICA, that passed in the Senate last year. The America COMPETES Act is the House Democrats’ response to USICA (which does not contain the Lacey Act amendment). This is the same language we saw introduced by Florida Senator Marco Rubio as Senate Bill 626 in 2021.

We have posted additional information at America COMPETES Act of 2022 | USARK - United States Association of Reptile Keepers.

Briefly, the amendments will:

Provide that the Lacey Act bans the interstate transport of species listed as injurious. Specifically, it replaces Lacey’s current language ‘‘shipment between the continental United States’’ with ‘‘transport between the States.”

Create a “white list” of species that can be imported. This means that any animal (reptile, amphibian, fish, bird, mammal) that is not on the white list is by default treated as potentially injurious and is banned from importation.

Create a new authority allowing FWS to use an “emergency designation” that becomes effective immediately after being published in the Federal Register unless an extension of no more than 60 days is allowed. That means no due process, public input, hearings, advanced notice, etc. for injurious listings.

Permit FWS to not allow importation if a species has not been imported in “minimal quantities” (to be defined) in the year prior to the enactment of this Act.

The effective date would be one year after the enactment of this Act.

Read the relevant amendment text (Section 71102) at https://usark.org/wp-content/uploads/2022/01/2022-HR4521-excerpt.pdf.

In our landmark court decision, four federal judges agreed that USARK was correct and that the Lacey Act (Title 18 Section 42 of the U.S. Code) did not ban interstate transportation of injurious species based on the original language of the Lacey Act and the intent of Congress. As a result of this fight for our members and the herpetocultural community, this meant animals domestically bred under human care could be moved and sold across state lines (within the continental United States). For herpetoculturists’ concerns, this included some species of constrictor snakes and 201 species of salamanders.

TAKE ACTION

The bill passed the House on 2/4. Attention must move to the Senate as the House and Senate versions will merge. Remember to be civil and professional at all times. Please personalize/edit your letters, if possible. We have a sample letter and Talking Points below. You can also copy/paste some of our Talking Points (below letter) instead of the sample letter or when sending follow-up emails.

NOTE: At this time, we need more phone calls, mailed letters, and faxes! These carry more weight than emails.

  1. Call your legislators;

  2. Mail and fax letters to your legislators;

  3. Email your legislators;

  4. SHARE this and encourage others to complete the Alert!!!

Find and contact your two (2) U.S. Senators:

Go to this link: U.S. Senate: Contacting U.S. Senators

Choose your State.

Click “Contact” under a Senator’s name.

Fill out the contact form. (You may need to click a second link such as SHARE, CONTACT, or EMAIL.)

Repeat for your second Senator.

You can find phone, fax, and mailing address details for Senators on their websites (after clicking “Contact”).

Find your U.S. Representative: Find Your Representative | house.gov

Simply go to the link above and enter your zip code. Your Representative will appear. Just click on his/her name to send them emails through their websites.

Sample Phone Call Message

Remember, these politicians are paid with your tax money. They get paid to listen to your concerns. Never feel intimidated or worried about calling.

We have prepared sample messaging for you!

What to say: As a constituent, I ask that the Senator does not support any Lacey Act amendments regarding injurious species. Such amendments were recently buried in the America COMPETES Act and should not proceed in the Senate when reconciled with S1260.

If the member of Congress or staff asks for more details, you can use the Talking Points listed at the bottom of this page.

Sample Messaging (also lots of Talking Points below)

When mailing and faxing letters, be sure to add the legislator’s name as an introduction (i.e. Dear Senator ???). Sign with Sincerely and your name. You can include your city and state, too.

Email/letter/fax subject line:

NO to Lacey Act Amendments in America COMPETES Act

Sample Letter

As your constituent, a dedicated advocate for ecological conservation, and pet owner, I implore you to stop the Lacey Act amendments found within Section 71102 of the America COMPETES Act. These amendments are rife with unintended consequences and brazen overreach. The U.S. Innovation and Competition Act (S1260) and the America COMPETES Act (HR4521) will be reviewed in committee. The Lacey Act amendments are not pertinent to the intent of either of these bills and must be removed!

I have two major concerns with what the amendments will do. First, they will immediately place a ban on interstate transportation of species that are listed as injurious under the Lacey Act. Second, the amendments would grant a supreme authority to the federal enforcement agency to list more species.

The Lacey Act has already been used to list species of animals as injurious which are widely kept as pets by members of the public. Placing a ban on interstate transportation of injurious listed species would be devastating to thousands of businesses of all sizes (contrary to the purpose of the COMPETES Act), and would harm millions of pet owners. This would prohibit interstate travel for veterinary care, for educational programs, and for household relocation. The impact will be disproportionately felt by military service members, who are often relocated multiple times during a pet’s lifetime.

The federal and appellate courts previously decided that a ban on interstate transportation of injurious species was not the original intent of Congress. The Lacey Act amendments in the COMPETES Act would grant regulatory powers in extreme excess of the original intent behind the Lacey Act.

The section titled Presumptive Prohibition on Importation goes even further. This portion would create a “white list,” by default listing many more species that are kept as pets by the public. It would create authority for the federal agency to bypass the established regulatory process for new injurious listings. This means no due process, no requirement for public input, or advanced notice for listings.

The Lacey Act amendments are far-reaching and grossly unjust. They are counter to the purpose of the bill, and illogical. They must be left out of the compromise between HR4521 and S1260. Thank you for your time and consideration on this matter. Have a good day.


Talking Points

  • These amendments will be devastating to thousands of businesses of all sizes, which is absolutely contrary to the purpose of the COMPETES Act.
  • Millions of pet owners will be harmed by this misuse of the Lacey Act.
  • As seen previously when listing species as injurious under the Lacey Act, a heavy-handed brush is used to paint species as injurious that may only be an issue for one or two states, and hardly any large percentage of the U.S.
  • If one state has a threat, that state can address it. All other states should not suffer the unjust implications and restrictions.
  • The lack of forethought involved makes these amendments rife with unintended consequences and government overreach.
  • Peer-reviewed science has been previously ignored in favor of garbage pseudo-science to artificially validate biased injurious species listings.
  • If these amendments pass, the Lacey Act will leave pet owners everywhere unable to move across state lines with their family pets.
  • This restriction would include prohibitions on interstate travel for veterinary care, for educational programs, and for relocation of family.
  • The impact will be disproportionately felt by military service members, who are often relocated multiple times during a pet’s lifetime.
  • The federal and appellate courts have already decided that a ban on interstate transportation with injurious species is not based on the original intent of Congress, but a gradual overreach by the federal agency.
  • The Court ruling upheld that banning interstate transportation is overreaching and that only the localities, or states, with legitimate range matches should consider regulations regarding these species.
  • Incorporating interstate movements into the Lacey Act will turn law-abiding pet owners into potential criminals.
  • Regulation of wildlife has traditionally been a matter reserved to the states.
  • State borders are already secure from injurious and invasive species as those states have the authority to regulate them.
  • The states should decide which species need to be addressed, not the federal government which must consider all climates zones across the entirety of the U.S.
  • The opportunity for injustice and oppressiveness from this power grab is disturbing.
  • Rather than this new knee-jerk and supreme authority provided to the federal agency, any expansion of the Lacey Act to create interstate movement bans and a ‘white list/black list’ scenario should include reforms to the injurious listing process, including proof of widespread impact based on sound, peer-reviewed science, and definitely not the biased, pseudo-science witnessed previously.
  • The role of the state wildlife agencies should be preserved in matters related to the regulation of wildlife within their borders or through regional agreements.
  • Individual states are best positioned to assess local threats and balance the relative costs and benefits of prohibiting species.
  • These Lacey Act amendments are far-reaching and, frankly, un-American.
  • Please realize that the Lacey Act amendments found within the America COMPETES Act are illogical and unjust.
  • The aquaculture industry alone anticipates losses of nearly half a billion dollars.
  • The entire America COMPETES Act can be read at: https://rules.house.gov/sites/democrats.rules.house.gov/files/BILLS-117HR4521RH-RCP117-31.pdf.

What To Do

Through Feb. 2, contact the House Rules Committee and your federal Representatives. Remember to be civil and professional at all times. Please personalize/edit your letters, if possible. If the bill passes the House with the amendments, then attention must turn to the Senate.

  1. Call your Representatives’ offices (link below) and the Rules Committee at (202)-225-9091;
  2. Email Representatives (link below);
  3. Fax letters to (202)-226-9191 and your Representatives;
  4. SHARE this and encourage others to complete the Alert!!!

Find your U.S. Representative: Find Your Representative | house.gov

  1. Go to the link above and enter your zip code. Your Representative will appear. Just click on his/her name to send them emails through their websites. You will simply complete the contact form and copy your version of the sample letter below.
  2. The America COMPETES Act was referred to the House Rules Committee on Ways and Means. You can find those members at Rules Committee Members | House of Representatives Committee on Rules. If your Representative is on this Committee, be sure to contact them and tell them you are a negatively affected constituent.

Subject line:
NO to Lacey Act Amendments in America COMPETES Act

Sample letter

I implore you to remove the Lacey Act amendments found in the America COMPETES Act (pages 1661-1665) as your constituent, dedicated advocate for ecological conservation, and pet owner. The lack of forethought involved makes these amendments rife with unintended consequences and government overreach.

Not only would these amendments be devastating to thousands of businesses of all sizes (which is absolutely contrary to the purpose of the COMPETES Act), but millions of pet owners would be harmed. As seen previously when listing species as injurious under the Lacey Act, a heavy-handed brush is used to paint species as injurious that may only be an issue for one or two states, and hardly any large percentage of the U.S. While a concern for only one state, all other states feel the unjust implications and restrictions. For example, even after Florida had addressed injurious threats from certain snakes, the federal government still listed them as injurious and harmed thousands of owners and businesses across the U.S. where the snakes could not possibly have an impact. And now, while Florida has completely banned these species, herpetoculturists in all other states would suffer from the overreaching government action should these amendments pass into law. Even though peer-reviewed science found that these species risks to the continental U.S. were isolated to southern Florida and possibly a small spot in Texas (both states that had already regulated these species), the federal government felt compelled to take tyrannical action.

If these amendments pass, the Lacey Act will leave pet owners everywhere unable to move across state lines with their family pets. This restriction would include prohibitions of interstate travel for veterinary care, for educational programs, and for relocation of family. The impact will be disproportionately felt by military service members, who are often relocated multiple times during a pet’s lifetime.

The federal and appellate courts have already decided that a ban on interstate transportation with injurious species is not based on the original intent of Congress, but a gradual overreach by the federal agency. This upholds that banning interstate transportation is overreaching and that only the localities, or states, with range matches should consider regulations regarding these species. Incorporating interstate movements into the Lacey Act will turn law-abiding pet owners into potential criminals.

Regulation of wildlife has traditionally been a matter reserved to the states. State borders are already secure from injurious and invasive species as those states have the authority to regulate them. States continue to take measures regarding such species and since the climate varies so greatly across the U.S., the states should decide which species need to be addressed, not the federal government which must consider the entirety of the U.S. as only one climate zone. I cannot elaborate enough on the need to regulate injurious species at the state and local levels, not nationwide by a federal agency.

The interstate transport ban under the Lacey Act is not my only concern. The bill’s section titled Presumptive Prohibition on Importation is especially alarming. This section would allow for every non-native species to be treated as injurious, even if not listed as such. This language creates a white list (accepted) that produces a black list (banned) by default. The opportunity for injustice and oppressiveness is disturbing!

Rather than this new knee-jerk and supreme authority provided to the federal agency, any expansion of the Lacey Act to create interstate movement bans and a ‘white list/black list’ scenario should include reforms to the injurious listing process, including proof of widespread impact based on sound, peer-reviewed science, and definitely not the biased, pseudo-science witnessed previously. I also believe that the role of the States should be preserved in matters related to the regulation of wildlife within their borders or through regional agreements. Individual states are best positioned to assess local threats and balance the relative costs and benefits of prohibiting species.

These Lacey Act amendments are far-reaching and, frankly, un-American. Thank you for your time and consideration on this matter. Please realize that the Lacey Act amendments found within the America COMPETES Act are illogical and unjust. Have a good day.

Sincerely,
[YOUR NAME]

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How do we find out what herps are on the white list?

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For those interested in contacting their state’s Senators as well, here is the US Senate Contact Index. It is very simple to use, search by your state, a senator’s name, or their class. Best of luck my fellow hobbyists and let us show the House and/or Senate how detrimental a ban on the movement of exotics would be to the US.

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So far it looks like there aren’t any…

UPDATE 3/29:

A top priority on Capitol Hill is to pass the Bipartisan Innovation Act (this is the current name for the bill that will merge HR4521 and S1260). The primary goal of this bill is to boost high-tech research and chip manufacturing in the United States. Since the House and Senate passed different versions, the two versions must now be merged (reconciled). The process to conduct a formal reconciliation finally started Monday evening with a move from the Senate that replaced the text of HR4521 with the text of S1260 and sent it back to the House. House Majority Leader Steny Hoyer said the House should vote this week against the bill from the Senate. This downvote will trigger the formation of a conference committee with members from both chambers. That committee will reconcile HR4521 and S1260 to produce a final bill. Following a vote to begin a formal conference negotiation process, Chuck Schumer and Mitch McConnell must define the structure of the committee talks.

Take Action!

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