[Congressional Record Volume 151, Number 112 (Friday, September 9, 2005)]
[Senate]
[Pages S9890-S9891]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        CAPTIVE WILDLIFE SAFETY TECHNICAL AMENDMENT ACT OF 2005

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 197, S. 1415.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 1415) to amend the Lacey Act Amendments of 1981 
     to protect captive wildlife and make technical corrections.

  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. 1415

       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 
     Technical Amendment Act of 2005''.

     SEC. 2. CAPTIVE WILDLIFE AMENDMENTS.

       (a) Prohibited Acts.--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 inserting ``or'' after the 
     [semi-colon] semicolon;
       (ii) in subparagraph (B), by striking ``; or'' and 
     inserting a [semi-colon] semicolon; and
       (iii) by striking subparagraph (C); and
       (B) in paragraph (4), by inserting ``or subsection (e)'' 
     before the period; and
       (2) in subsection (e)--
       (A) by redesignating paragraphs (2), (3), (4), and (5) as 
     paragraphs (3), (4), (5), and (6) respectively;
       (B) by striking ``(e)'' and all that follows through 
     ``Subsection (a)(2)(C)'' in paragraph (1) and inserting the 
     following:
       ``(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 any live animal of any 
     prohibited wildlife species.
       ``(2) Nonapplicability.--This subsection'';
       (C) in paragraph (2) (as redesignated by subparagraph 
     (A))--
       (i) by striking ``a'' before ``prohibited'' and inserting 
     ``any'';
       (ii) by striking ``(3)'' and inserting ``(4)''; and
       (iii) by striking ``(2)'' and inserting ``(3)'';
       (D) in paragraph (3) (as redesignated by subparagraph 
     (A))--
       (i) in subparagraph (C)--

       (I) in clauses (ii) and (iii), by striking ``animals listed 
     in section 2(g)'' each place it appears and inserting 
     ``prohibited wildlife species''; and
       (II) in clause (iv), by striking ``animals'' and inserting 
     ``prohibited wildlife species''; and

       (ii) in [suparagraph] subparagraph (D), by striking 
     ``animal'' each place it appears and inserting ``prohibited 
     wildlife species'';
       (E) in paragraph (4) (as redesignated by subparagraph (A)), 
     by striking ``(2)'' and inserting ``(3)'';
       (F) in paragraph (6) (as redesignated by subparagraph (A)), 
     by striking ``subsection (a)(2)(C)'' and inserting ``this 
     subsection''; and
       (G) by inserting after paragraph (6) (as redesignated by 
     subparagraph (A)) the following:
       ``(7) Application.--This subsection shall apply beginning 
     on the effective date of regulations promulgated under this 
     subsection.''.
       (b) Criminal Penalties.--Section 4(d) of the Lacey Act 
     Amendments of 1981 (16 U.S.C. 3373(d)) is amended--
       (1) in paragraphs (1)(A) and (1)(B) and in the first 
     sentence of paragraph (2), by striking ``subsection 3(b)'' 
     each place it appears and inserting ``subsections (b), (d), 
     and (e) of section 3''; and
       (2) in paragraph (3), by striking ``section 3(d)'' and 
     inserting ``subsections (d) and (e) of section 3''.

     SEC. 3. APPLICABILITY PROVISION AMENDMENT.

       Section 3 of the Captive Wildlife Safety Act (117 Stat. 
     2871; Public Law 108-191) is amended--
       (1) in subsection (a), by striking ``(a) In General.--
     Section 3'' and inserting ``Section 3''; and

[[Page S9891]]

       (2) by striking subsection (b).

  Mr. FRIST. Mr. President, I ask unanimous consent that the committee-
reported amendments be agreed to, the bill, as amended, be read a third 
time and passed, the motions to reconsider be laid upon the table, 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. 1415), as amended, was read the third time and passed, 
as follows:

                                S. 1415

       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 
     Technical Amendment Act of 2005''.

     SEC. 2. CAPTIVE WILDLIFE AMENDMENTS.

       (a) Prohibited Acts.--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 inserting ``or'' after the 
     semicolon;
       (ii) in subparagraph (B), by striking ``; or'' and 
     inserting a semicolon; and
       (iii) by striking subparagraph (C); and
       (B) in paragraph (4), by inserting ``or subsection (e)'' 
     before the period; and
       (2) in subsection (e)--
       (A) by redesignating paragraphs (2), (3), (4), and (5) as 
     paragraphs (3), (4), (5), and (6) respectively;
       (B) by striking ``(e)'' and all that follows through 
     ``Subsection (a)(2)(C)'' in paragraph (1) and inserting the 
     following:
       ``(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 any live animal of any 
     prohibited wildlife species.
       ``(2) Nonapplicability.--This subsection'';
       (C) in paragraph (2) (as redesignated by subparagraph 
     (A))--
       (i) by striking ``a'' before ``prohibited'' and inserting 
     ``any'';
       (ii) by striking ``(3)'' and inserting ``(4)''; and
       (iii) by striking ``(2)'' and inserting ``(3)'';
       (D) in paragraph (3) (as redesignated by subparagraph 
     (A))--
       (i) in subparagraph (C)--

       (I) in clauses (ii) and (iii), by striking ``animals listed 
     in section 2(g)'' each place it appears and inserting 
     ``prohibited wildlife species''; and
       (II) in clause (iv), by striking ``animals'' and inserting 
     ``prohibited wildlife species''; and

       (ii) in subparagraph (D), by striking ``animal'' each place 
     it appears and inserting ``prohibited wildlife species'';
       (E) in paragraph (4) (as redesignated by subparagraph (A)), 
     by striking ``(2)'' and inserting ``(3)'';
       (F) in paragraph (6) (as redesignated by subparagraph (A)), 
     by striking ``subsection (a)(2)(C)'' and inserting ``this 
     subsection''; and
       (G) by inserting after paragraph (6) (as redesignated by 
     subparagraph (A)) the following:
       ``(7) Application.--This subsection shall apply beginning 
     on the effective date of regulations promulgated under this 
     subsection.''.
       (b) Criminal Penalties.--Section 4(d) of the Lacey Act 
     Amendments of 1981 (16 U.S.C. 3373(d)) is amended--
       (1) in paragraphs (1)(A) and (1)(B) and in the first 
     sentence of paragraph (2), by striking ``subsection 3(b)'' 
     each place it appears and inserting ``subsections (b), (d), 
     and (e) of section 3''; and
       (2) in paragraph (3), by striking ``section 3(d)'' and 
     inserting ``subsections (d) and (e) of section 3''.

     SEC. 3. APPLICABILITY PROVISION AMENDMENT.

       Section 3 of the Captive Wildlife Safety Act (117 Stat. 
     2871; Public Law 108-191) is amended--
       (1) in subsection (a), by striking ``(a) In General.--
     Section 3'' and inserting ``Section 3''; and
       (2) by striking subsection (b).

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