Section 1. Short title

This Act may be cited as the Preventing Risky Importation of Monkeys to Avoid Toxic Exposures Act or the PRIMATE Act.

Sec. 2. Prohibition on importation of nonhuman primates

Title III of the Tariff Act of 1930 is amended by inserting after section 308 (19 U.S.C. 1308) the following:

308A. Prohibition on importation of nonhuman primates

(a) Definitions

In this section—

(1)

the term AZA-accredited facility means a facility accredited by the Association of Zoos and Aquariums (AZA);

(2)

the term nonhuman primate means any live member of the taxonomic order Primates other than Homo sapiens;

(3)

the term person includes any individual, partnership, corporation, association, organization, business trust, government entity, or other entity subject to the jurisdiction of the United States;

(4)

the term Secretary means the Secretary of the Treasury; and

(5)

the term United States means the customs territory of the United States, as defined in general note 2 of the Harmonized Tariff Schedule of the United States.

(b) Prohibition

Notwithstanding any other provision of law, and except as provided in subsection (c), it shall be unlawful for any person to import into the United States any nonhuman primate.

(c) Exception

This section shall not apply to the importation of a nonhuman primate—

(1)

by, and for placement with, an AZA-accredited facility; and

(2)

with respect to which the importer certifies that the nonhuman primate will not be transferred, sold, leased, or otherwise provided for use in experiments or testing, or for breeding for use in experiments or testing.

(d) Enforcement

U.S. Customs and Border Protection shall deny clearance for any shipment for importation into the United States containing a nonhuman primate as prohibited by subsection (b).

(e) Penalties

(1) Civil penalties

Any person who violates any provision of this section or any regulation issued under this section may, in addition to any other civil or criminal penalty that may be imposed under title 18, United States Code, or any other provision of law, be assessed a civil penalty by the Secretary of not more than $50,000 for each violation of this section.

(2) Forfeiture

Any nonhuman primate imported into the United States contrary to the provisions of this section or any regulation issued under this section shall be subject to forfeiture to the United States.

(f) Regulations

Not later than one year after the date of the enactment of this section, the Secretary shall, after notice and opportunity for comment, issue regulations to carry out the provisions of this section.