[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1998 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 1998

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

                              May 15, 2013

    Mr. McKeon (for himself and Ms. Loretta Sanchez of California) 
 introduced the following bill; which was referred to the Committee on 
                           Natural Resources

_______________________________________________________________________

                                 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 Cats and Public Safety 
Protection Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The global illicit trade in wildlife may be worth up to 
        $20,000,000,000 annually and the value of legal wildlife trade 
        in the United States was recently estimated at $2,800,000,000 
        annually.
            (2) The illegal trade in prohibited wildlife species (as 
        defined in section 2(g) of the Lacey Act Amendments of 1981 (16 
        U.S.C. 3371(g)) stimulates demand and expands markets in which 
        those species can be illegally sold.
            (3) The private possession, breeding, and sale of 
        prohibited wildlife species has a substantial and detrimental 
        effect on the health and general welfare of the people of the 
        United States and on the conservation of the species 
        themselves.
            (4) Private possession and breeding of prohibited wildlife 
        species have a substantial and direct effect on interstate 
        commerce because prohibited wildlife species are frequently 
        bred and possessed to be used in public exhibition or for sale 
        or transfer of ownership in the exotic pet trade, and are often 
        transported in interstate commerce for these purposes.
            (5) Private possession and breeding of prohibited wildlife 
        species contributes to the interstate traffic in those species 
        and may contribute to illegal international wildlife trade.
            (6) Prohibited wildlife species in private possession, or 
        distributed intrastate, are fungible commodities that cannot be 
        differentiated, in terms of control, from prohibited wildlife 
        species possessed or distributed interstate.
            (7) It is exceedingly difficult to distinguish between 
        prohibited wildlife species that are possessed, bred, sold, or 
        transported in interstate commerce from those that have not 
        been.
            (8) Federal control of the intrastate private possession 
        and breeding of prohibited wildlife species is essential to the 
        effective control of the interstate incidents of traffic in 
        prohibited wildlife species.
            (9) The United States is a party to the Convention on 
        International Trade in Endangered Species of Wild Fauna and 
        Flora, which was designed to protect species of wild fauna and 
        flora against overexploitation through international trade.

SEC. 3. 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;
            (2) by inserting before subsection (b) (as so redesignated) 
        the following:
    ``(a) Breed.--The term `breed' means to facilitate the propagation 
or reproduction (whether intentionally or negligently), or to fail to 
prevent the propagation or reproduction, of a prohibited wildlife 
species or other animal.''; and
            (3) by adding at the end the following:
    ``(m) Traveling Circus.--The term `traveling circus' means an 
exhibitor holding a Class C license issued under the Animal Welfare Act 
(7 U.S.C. 2131 et seq.).''.
    (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.--
                    (A) Section 3(e)(2)(C) of the Lacey Act Amendments 
                of 1981 (16 U.S.C. 3372(e)(2)(C)) is amended--
                            (i) in clause (ii), by striking ``section 
                        2(g)'' and inserting ``section 2(h)''; and
                            (ii) in clause (iii), by striking ``section 
                        2(g)'' and inserting ``section 2(h)''.
                    (B) 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. 4. PROHIBITIONS.

    Section 3(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 
3372(a)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A), by striking the semicolon 
                at the end and inserting ``; or'';
                    (B) in subparagraph (B)(iii), by striking ``; or'' 
                and inserting a semicolon; and
                    (C) by striking subparagraph (C);
            (2) in paragraph (3)(B)(iii), by striking ``; or'' and 
        inserting a semicolon;
            (3) by redesignating paragraph (4) as paragraph (5);
            (4) by inserting after paragraph (3) the following:
            ``(4) subject to subsection (e), to import, export, 
        transport, sell, receive, acquire, or purchase in interstate or 
        foreign commerce, or to breed or possess, any prohibited 
        wildlife species; or''; and
            (5) in paragraph (5), (as so redesignated), by striking 
        ``(1) through (3)'' and inserting ``(1) through (4)''.

SEC. 5. NONAPPLICABILITY OF OFFENSES.

    (a) In General.--Section 3(e) of the Lacey Act Amendments of 1981 
(16 U.S.C. 3372(e)) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) In general.--Subsection (a)(4) shall not apply to--
                    ``(A) the importation, exportation, transportation, 
                sale, receipt, acquisition, purchase, breeding, or 
                possession of an animal of a prohibited wildlife 
                species, by any person that, under any regulation 
                promulgated under paragraph (3), is described in 
                subparagraph (A), (B), (C), (D), or (F) of paragraph 
                (2) with respect to that species; and
                    ``(B) the transportation or possession of an animal 
                of a prohibited wildlife species, by a person that, 
                under any regulation promulgated under paragraph (3), 
                is described in paragraph (2)(E) with respect to that 
                species.''; and
            (2) in paragraph (2)--
                    (A) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) is an institution accredited by the 
                Association of Zoos and Aquariums (AZA) or certified 
                related facilities that coordinate with an AZA Species 
                Survival Plan for breeding of species listed as 
                threatened or endangered pursuant to the provision of 
                law codified at section 1533 of title 16, United States 
                Code;'';
                    (B) in subparagraph (C)--
                            (i) by striking ``is an accredited'' and 
                        inserting ``is a'';
                            (ii) in clause (iii), by striking ``and'';
                            (iii) in clause (iv), by striking ``or'' 
                        and inserting ``and''; and
                            (iv) by adding at the end the following:
                            ``(v) does not allow the transportation and 
                        display of animals off-site;'';
                    (C) in subparagraph (D), by striking the period at 
                the end and inserting ``; or''; and
                    (D) by adding at the end the following:
                    ``(E) is in possession of any animal of any 
                prohibited wildlife species, that--
                            ``(i) is born before the date of enactment 
                        of this subparagraph; and
                            ``(ii) not later than 180 days after the 
                        date on which regulations are promulgated 
                        implementing this subparagraph, is registered 
                        with the Animal and Plant Health Inspection 
                        Service; or
                    ``(F) is a traveling circus that--
                            ``(i) regularly travels in interstate 
                        commerce to conduct performances featuring live 
                        prohibited wildlife species and multiple 
                        trained human entertainers, including clowns 
                        and acrobats;
                            ``(ii) does not allow members of the public 
                        to be in direct contact with or unsafe 
                        proximity to a prohibited wildlife species of 
                        any age, including offering photographic 
                        opportunities or interactive sessions; and
                            ``(iii) during the 3-year period preceding 
                        the date of the enactment of this subparagraph, 
                        has not been determined by the Secretary of 
                        Agriculture to have violated the Animal Welfare 
                        Act (7 U.S.C. 2131 et seq.) by reason of 
                        jeopardizing the health and well-being of a 
                        prohibited wildlife species, including 
                        jeopardizing such health and well-being by 
                        providing--
                                    ``(I) inappropriate veterinary 
                                care;
                                    ``(II) inappropriate handling of 
                                the species causing stress or trauma to 
                                the species or a threat to public 
                                safety; or
                                    ``(III) insufficient food, water, 
                                shelter, or space.''.
    (b) Regulations.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of the Interior, acting through 
the Director of the United States Fish and Wildlife Service, and the 
Secretary of Agriculture, acting through the Administrator of the 
Animal and Plant Health Inspection Service, shall promulgate 
regulations implementing the amendments made by this section.

SEC. 6. 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 ``(a)(4),'' after ``subsections''; and
            (2) by striking ``subsection (d)'' and inserting 
        ``subsection (a)(4), (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) in subparagraph (A), by striking ``or'' after 
                the comma at the end;
                    (B) in subparagraph (B), by adding ``or'' after the 
                comma at the end; and
                    (C) by inserting after subparagraph (B) the 
                following:
                    ``(C) knowingly violates section 3(a)(4),''; and
            (2) in paragraph (2), by inserting ``, or in the exercise 
        of due care should know that the conduct violates section 
        3(a)(4),'' after ``treaty or regulation''.

SEC. 7. FORFEITURE.

    Section 5(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 
3374(a)) is amended--
            (1) in paragraph (1), by striking ``or purchased'' and 
        inserting ``purchased, bred, or possessed,''; and
            (2) in paragraph (2)--
                    (A) by striking ``or purchasing'' and inserting 
                ``purchasing, breeding, or possessing,'' and
                    (B) by striking ``sale or purchase of, the offer of 
                sale or purchase of, or the intent to sell or 
                purchase'' and inserting ``importation, exportation, 
                transportation, sale, receipt, acquisition, purchase, 
                breeding, or possession of, the offer of importation, 
                exportation, transportation, sale, receipt, 
                acquisition, purchase, breeding, or possession of, or 
                the intent to import, export, transport, sell, receive, 
                acquire, purchase, breed, or possess''.
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