[Congressional Record Volume 149, Number 156 (Friday, October 31, 2003)]
[Senate]
[Pages S13740-S13741]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      CAPTIVE WILDLIFE SAFETY ACT

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 320, S. 269.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 269) to amend the Lacey Act Amendments of 1981 
     to further the conservation of certain wildlife species.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Environment and Public 
Works, with amendments, as follows:

       [Strike the parts shown in black brackets and insert the 
     parts shown in italic.]

                                 S. 269

       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 ``Captive Wildlife Safety 
     Act''.

     SEC. 2. DEFINITION OF PROHIBITED WILDLIFE SPECIES.

       Section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 
     3371) is amended--
       (1) by redesignating subsections (g) through (j) as 
     subsections (h) through (k), respectively; and
       (2) by inserting after subsection (f) the following:
       [``(k) Prohibited wildlife species.--The term `prohibited 
     wildlife species' means any live lion, tiger, leopard, 
     cheetah, jaguar, or cougar.''.]
       ``(g) Prohibited wildlife species.--The term `prohibited 
     wildlife species' means--
       ``(A) any live species of lion, tiger, leopard, cheetah, 
     jaguar, or cougar; and
       ``(B) any live hybrid of any of those species.''.

     SEC. 3. PROHIBITED ACTS.

       (a) In General.--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 ``, or'' at the end 
     and inserting a semicolon;
       (ii) in subparagraph (B), by inserting ``or'' after the 
     semicolon at the end; and
       (iii) by adding at the end the following:
       ``(C) any prohibited wildlife species (subject to 
     subsection (e));'';
       (B) in paragraph (3)(B), by inserting ``or'' after the 
     semicolon at the end; and
       (C) in paragraph (4), by striking ``paragraphs (1) through 
     (4)'' and inserting ``paragraphs (1) through (3)''; and
       (2) by adding at the end the following:
       ``(e) Nonapplicability of Prohibited Wildlife Species 
     Offense.--
       ``(1) In general.--Subsection (a)(2)(C) does not apply to--
       ``(A) any [zoo, circus,] exhibitor or research facility 
     licensed or registered and inspected by a Federal agency[, or 
     aquarium;]
       [``(B) any person accredited by the Association of 
     Sanctuaries or the American Sanctuary Association;]
       ``(B) any sanctuary, humane society, animal shelter, or 
     society for the prevention of cruelty to animals that--
       ``(i)(I) is an organization described in section 501(c)(3) 
     of the Internal Revenue Code of 1986 that is exempt from 
     taxation under section 501(a) of that Code; and
       ``(II) is an organization described in section 
     170(b)(1)(A)(vi) of that Code;
       ``(ii) does not engage in commercial trade of animals 
     listed in section 2(k) (including any sale of animals, animal 
     parts, byproducts, or offspring, exhibition of animals for 
     photograph opportunities, or conduct of public events with 
     live animals for financial profit or any other entertainment 
     purpose);
       ``(iii) does not propagate animals in a facility of the 
     sanctuary, humane society, animal shelter, or society for the 
     prevention of cruelty to animals;
       ``(iv) does not--

       ``(I) allow unescorted public visitation or direct contact 
     between the public and wild animals; or
       ``(II) take animals from a sanctuary or enclosure for 
     exhibition; and

       ``(v) maintains exceptional standards of animal care;
       ``(C) any State college, university, or agency, State-
     licensed wildlife rehabilitator, or State-licensed 
     veterinarian;
       [``(D) any incorporated humane society, animal shelter, or 
     society for the prevention of cruelty to animals;
       ``(E) any federally-licensed and inspected breeder or 
     dealer that is conducting any breeding or dealing activity 
     with a person referred to in this paragraph; or]
       ``(D) any federally-licensed and inspected broker or dealer 
     in a case in which the broker or dealer is conducting any 
     brokering or dealing activity with a person referred to in 
     this paragraph; or
       ``[(F)] (E) any person having custody of a wild animal 
     solely for the purpose of expeditiously transporting the 
     animal to a person referred to in this paragraph.
       ``(2) Regulations.--Not later than 180 days after the date 
     of enactment of this subsection, the Secretary, in 
     cooperation with the Director of the Animal and Plant Health 
     Inspection Service and in consultation with the heads of 
     other relevant Federal agencies, shall promulgate regulations 
     describing the persons or entities to which paragraph (1) 
     applies.
       ``(3) State authority.--Nothing in this subsection preempts 
     or supersedes the authority of a State to regulate wildlife 
     species within that State.''.
       (b) Application.--Section 3(a)(2)(C) of the Lacey Act 
     Amendments of 1981 (as added by subsection (a)(1)(A)(iii)) 
     shall apply beginning on the effective date of regulations 
     promulgated under section 3(e)(2) of that Act (as added by 
     subsection (a)(2)).

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
committee amendments be agreed to en bloc, the bill, as amended, be 
read three times and passed, the motions to reconsider be laid upon the 
table en bloc, and that any statements relating to the bill be printed 
in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendments were agreed to.
  The bill (S. 269), as amended, was read the third time and passed, as 
follows:

                                 S. 269

       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 ``Captive Wildlife Safety 
     Act''.

     SEC. 2. DEFINITION OF PROHIBITED WILDLIFE SPECIES.

       Section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 
     3371) is amended--
       (1) by redesignating subsections (g) through (j) as 
     subsections (h) through (k), respectively; and
       (2) by inserting after subsection (f) the following:
       ``(g) Prohibited wildlife species.--The term `prohibited 
     wildlife species' means--
       ``(A) any live species of lion, tiger, leopard, cheetah, 
     jaguar, or cougar; and
       ``(B) any live hybrid of any of those species.''.

     SEC. 3. PROHIBITED ACTS.

       (a) In General.--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 ``, or'' at the end 
     and inserting a semicolon;
       (ii) in subparagraph (B), by inserting ``or'' after the 
     semicolon at the end; and
       (iii) by adding at the end the following:
       ``(C) any prohibited wildlife species (subject to 
     subsection (e));'';
       (B) in paragraph (3)(B), by inserting ``or'' after the 
     semicolon at the end; and
       (C) in paragraph (4), by striking ``paragraphs (1) through 
     (4)'' and inserting ``paragraphs (1) through (3)''; and
       (2) by adding at the end the following:
       ``(e) Nonapplicability of Prohibited Wildlife Species 
     Offense.--
       ``(1) In general.--Subsection (a)(2)(C) does not apply to--
       ``(A) any exhibitor or research facility licensed or 
     registered and inspected by a Federal agency;
       ``(B) any sanctuary, humane society, animal shelter, or 
     society for the prevention of cruelty to animals that--
       ``(i)(I) is an organization described in section 501(c)(3) 
     of the Internal Revenue Code of 1986 that is exempt from 
     taxation under section 501(a) of that Code; and
       ``(II) is an organization described in section 
     170(b)(1)(A)(vi) of that Code;
       ``(ii) does not engage in commercial trade of animals 
     listed in section 2(k) (including any sale of animals, animal 
     parts, byproducts, or offspring, exhibition of animals for 
     photograph opportunities, or conduct of public events with 
     live animals for financial profit or any other entertainment 
     purpose);
       ``(iii) does not propagate animals in a facility of the 
     sanctuary, humane society, animal shelter, or society for the 
     prevention of cruelty to animals;
       ``(iv) does not--

       ``(I) allow unescorted public visitation or direct contact 
     between the public and wild animals; or
       ``(II) take animals from a sanctuary or enclosure for 
     exhibition; and

       ``(v) maintains exceptional standards of animal care;
       ``(C) any State college, university, or agency, State-
     licensed wildlife rehabilitator, or State-licensed 
     veterinarian;
       ``(D) any federally-licensed and inspected broker or dealer 
     in a case in which the broker or dealer is conducting any 
     brokering or dealing activity with a person referred to in 
     this paragraph; or
       ``(E) any person having custody of a wild animal solely for 
     the purpose of expeditiously transporting the animal to a 
     person referred to in this paragraph.

[[Page S13741]]

       ``(2) Regulations.--Not later than 180 days after the date 
     of enactment of this subsection, the Secretary, in 
     cooperation with the Director of the Animal and Plant Health 
     Inspection Service and in consultation with the heads of 
     other relevant Federal agencies, shall promulgate regulations 
     describing the persons or entities to which paragraph (1) 
     applies.
       ``(3) State authority.--Nothing in this subsection preempts 
     or supersedes the authority of a State to regulate wildlife 
     species within that State.''.
       (b) Application.--Section 3(a)(2)(C) of the Lacey Act 
     Amendments of 1981 (as added by subsection (a)(1)(A)(iii)) 
     shall apply beginning on the effective date of regulations 
     promulgated under section 3(e)(2) of that Act (as added by 
     subsection (a)(2)).

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