[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 211 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 211
To amend the Lacey Act Amendments of 1981 to clarify provisions enacted
by the Captive Wildlife Safety Act, to further the conservation of
certain wildlife species, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 5, 2021
Mr. McClintock introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committee on the
Budget, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Lacey Act Amendments of 1981 to clarify provisions enacted
by the Captive Wildlife Safety Act, to further the conservation of
certain wildlife species, 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 ``Big Cat Public Safety Act''.
SEC. 2. DEFINITIONS.
(a) In General.--Section 2 of the Lacey Act Amendments of 1981 (16
U.S.C. 3371) is amended--
(1) by redesignating subsections (a) through (k) as
subsections (b) through (l), respectively; and
(2) by inserting before subsection (b) (as so redesignated)
the following:
``(a) Breed.--The term `breed' means to facilitate propagation or
reproduction (whether intentionally or negligently), or to fail to
prevent propagation or reproduction.''.
(b) Conforming Amendments.--
(1) Consolidated farm and rural development act.--Section
349(a)(3) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1997(a)(3)) is amended by striking ``section 2(a)'' and
inserting ``section 2(b)''.
(2) Lacey act amendments of 1981.--Section 7(c) of the
Lacey Act Amendments of 1981 (16 U.S.C. 3376(c)) is amended by
striking ``section 2(f)(2)(A)'' and inserting ``section
2(g)(2)(A)''.
SEC. 3. PROHIBITIONS.
Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is
amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking the
semicolon at the end and inserting ``; or'';
(ii) in subparagraph (B)(iii), by striking
``; or'' and inserting a semicolon; and
(iii) by striking subparagraph (C); and
(B) in paragraph (4), by striking ``(1) through
(3)'' and inserting ``(1) through (3) or subsection
(e)''; and
(2) by amending subsection (e) to read as follows:
``(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, or to breed or
possess, any prohibited wildlife species.
``(2) Limitation on application.--Paragraph (1) does not
apply to--
``(A) an entity exhibiting animals to the public
under a Class C license from the Department of
Agriculture, or a Federal facility registered with the
Department of Agriculture that exhibits animals, if
such entity or facility holds such license or
registration in good standing;
``(B) a State college, university, or agency, or a
State-licensed veterinarian;
``(C) a 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 of 1986 and described in sections
501(c)(3) and 170(b)(1)(A)(vi) of such Code;
``(ii) does not commercially trade in any
prohibited wildlife species, including
offspring, parts, and byproducts of such
animals; and
``(iii) does not breed any prohibited
wildlife species;
``(D) has custody of any prohibited wildlife
species solely for the purpose of expeditiously
transporting the prohibited wildlife species to a
person described in this paragraph with respect to the
species; or
``(E) an entity or individual that is in possession
of any prohibited wildlife species that was born before
the date of the enactment of the Big Cat Public Safety
Act, and--
``(i) not later than 180 days after the
date of the enactment of the such Act, the
entity or individual registers each individual
animal of each prohibited wildlife species
possessed by the entity or individual with the
United States Fish and Wildlife Service; and
``(ii) does not breed, acquire, or sell any
prohibited wildlife species after the date of
the enactment of such Act.''.
SEC. 4. PENALTIES.
(a) Civil Penalties.--Section 4(a)(1) of the Lacey Act Amendments
of 1981 (16 U.S.C. 3373(a)(1)) is amended--
(1) by inserting ``(e),'' after ``(d),''; and
(2) by inserting ``, (e),'' after ``subsection (d)''.
(b) Criminal Penalties.--Section 4(d) of the Lacey Act Amendments
of 1981 (16 U.S.C. 3373(d)) is amended--
(1) in paragraph (1)(A), by inserting ``(e),'' after
``(d),'';
(2) in paragraph (1)(B), by inserting ``(e),'' after
``(d),'';
(3) in paragraph (2), by inserting ``(e),'' after ``(d),'';
and
(4) by adding at the end the following:
``(4) Any person who knowingly violates subsection (e) of
section 3 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 is deemed to have been
committed in the district where the violation first occurred,
and in any district in which the defendant may have taken or
been in possession of the prohibited wildlife species.''.
SEC. 5. FORFEITURE OF PROHIBITED WILDLIFE SPECIES.
Section 5(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C.
3374(a)(1)) is amended by inserting ``bred, possessed,'' before
``imported, exported,''.
SEC. 6. ADMINISTRATION.
Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C.
3376(a)) is amended by adding at the end the following:
``(3) The Secretary shall, in consultation with other
relevant Federal and State agencies, promulgate any regulations
necessary to implement section 3(e).''.
SEC. 7. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
<all>