[House Report 116-430]
[From the U.S. Government Publishing Office]


116th Congress}                                            { Report

  2d Session  }        HOUSE OF REPRESENTATIVES	           { 116-430  

======================================================================
 
                       BIG CAT PUBLIC SAFETY ACT

                                _______
                                

  June 8, 2020.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 1380]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1380) 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, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 1380 is 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.

                  Background and Need for Legislation

    It is not known how many big cats, including tigers, lions, 
jaguars, leopards, cougars, and hybrids, are currently kept in 
private ownership in the U.S., but estimates are as high as 
10,000 to 20,000. Privately owned big cats are often purchased 
as cubs for photo-ops, but as the cubs grow, they are often 
then sold into the exotic pet trade or on the black market for 
wildlife parts. Adult big cats in private ownership are 
typically held in inadequate conditions that threaten public 
safety.
    Since 1990, there have been around 300 dangerous incidents 
involving big cats in the United States resulting in human 
injuries, mauling, and death.\1\ In many cases, the animals are 
shot and killed, as first responders are not equipped for 
situations with big cats.
---------------------------------------------------------------------------
    \1\The Humane Soc'y of the U.S., Big Cat Incidents (2012), https://
www.humanesociety.org/sites/default/files/docs/captive-big-cat-
incidents.pdf.
---------------------------------------------------------------------------
    In 2003, Congress unanimously passed the Captive Wildlife 
Safety Act\2\ (CWSA), which amended the Lacey Act to prohibit 
the import, export, buying, selling, transport, receiving, or 
acquisition of big cats across states and the U.S. border. 
However, there is no federal policy regarding the possession of 
big cats. State laws vary from no restrictions, to simply 
requiring registration, to completely banning ownership of big 
cats as pets.\3\
---------------------------------------------------------------------------
    \2\Pub. L. No. 108-191, 117 Stat. 2871 (2003), https://
uscode.house.gov/statviewer.htm?volume=117&page=2871 (codified as 16 
U.S.C. Sec. Sec. 3371-72 & notes).
    \3\See generally Summary of State Laws Relating to Private 
Possession of Exotic Animals, Born Free USA, https://
www.bornfreeusa.org/campaigns/animals-in-captivity/summary-state-laws-
exotic-animals/ (last updated May 2016).
---------------------------------------------------------------------------
    H.R. 1380, the Big Cat Public Safety Act, ends the 
ownership of big cats as pets and prohibits exhibitors from 
allowing public contact with big cats, including cubs. The bill 
builds on the CWSA by making it illegal to privately possess or 
breed lions, tigers, leopards, cheetahs, jaguars, cougars, or 
any hybrid. The Big Cat Public Safety Act is narrowly focused 
on privately-owned animals and includes exemptions for 
exhibitors with U.S. Department of Agriculture (USDA) Class C 
licenses, such as zoos, state universities, and sanctuaries. 
Current owners are grandfathered in, allowing owners to keep 
their animals if they register with the U.S. Fish and Wildlife 
Service (FWS) and abide by listed regulations.

                            Committee Action

    H.R. 1380 was introduced on February 26, 2019, by 
Representative Mike Quigley (D-IL). The bill was referred 
solely to the Committee on Natural Resources, and within the 
Committee to the Subcommittee on Water, Oceans, and Wildlife. 
On March 26, 2019, the Subcommittee held a hearing on the bill. 
On September 18, 2019, the Natural Resources Committee met to 
consider the bill. The Subcommittee was discharged by unanimous 
consent. Ranking Member Rob Bishop (R-UT) offered an amendment 
designated #2. The amendment was not agreed to, by a roll call 
vote of 16 yeas and 19 nays, as follows:


    No additional amendments were offered. The bill was adopted 
and ordered favorably reported to the House of Representatives 
by a roll call vote of 21 yeas and 14 nays, as follows:


                                Hearings

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress--the following hearing was used to develop or 
consider H.R. 1380: legislative hearing by the Subcommittee on 
Water, Oceans, and Wildlife held on March 26, 2019.

                      Section-by-Section Analysis

    Section 1. Short title
    Section 2. Definitions
    Section 3. Prohibitions. This section makes it illegal to 
import, export, transport, sell, receive, acquire, purchase, 
breed, or possess any live species of lion, tiger, leopard, 
cheetah, jaguar, or cougar or any hybrid of such species. 
Exemptions are provided for USDA Class C license holders, state 
universities, veterinarians, and wildlife sanctuaries, if 
direct contact with wildlife is prohibited. Some exceptions 
regarding direct contact do apply for trained professionals, 
veterinarians, and conservation programs that do not involve 
commercial activity and meet other specified restrictions. 
Current owners of big cats are allowed to keep their animals 
but must register with FWS, are not allowed to breed, acquire, 
or sell their wildlife, and cannot allow direct contact between 
the public and their cats.
    Section 4. Penalties. This section specifies that 
individuals who knowingly violate the bill shall be fined up to 
$20,000, or imprisoned for up to 5 years, or both. Each 
violation will be treated as a separate offense, and the 
offense will be prosecuted as having been committed where the 
violation first occurred or where the defendant may have taken 
or been in possession of wildlife.
    Section 5. Forfeiture of prohibited wildlife species. This 
section amends the Lacey Act to require that big cats bred or 
possessed in violation of the section 3 prohibitions must be 
forfeited, in addition to the current Lacey Act provisions that 
require all fish, wildlife, or plants imported, exported, 
transported, sold, received, acquired, or purchased contrary to 
Lacey act provisions also be forfeited.
    Section 6. Administration. This section directs the 
Department of Interior, in consultation with federal and state 
agencies, to promulgate regulations to implement the bill.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      Compliance With House Rule XIII and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, March 5, 2019.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed revised cost estimate for H.R. 1380, the 
Big Cat Public Safety Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Janani 
Shankaran for federal costs and Lilia Ledezma for mandates.
            Sincerely,
                                         Phillip L. Swagel,
                                                         Director. 
    Enclosure.

    
    

    Current law prohibits the import, export, purchase, sale, 
transport, or acquisition of big cats, such as lions and 
tigers, across state lines or the national border. H.R. 1380 
would prohibit the breeding and possession of those animals, 
although wildlife sanctuaries, veterinarians, colleges and 
universities, zoos, exhibitions, and other entities that meet 
certain requirements would be exempt. In addition, people who 
already own such animals would be permitted to keep them if 
they register with the U.S. Fish and Wildlife Service (USFWS).
    H.R. 1380 would direct USFWS to issue regulations to 
implement the prohibition on breeding and possession. In 
addition, CBO expects that under the bill, the Department of 
Agriculture (USDA) would revise existing regulations on the 
licensing of entities that possess, exhibit, and breed big 
cats. Based on the costs of similar tasks, CBO estimates that 
developing those regulations would cost $1 million in 2020.
    Many states already prohibit ownership of the affected 
species and CBO expects that people who currently own such 
animals would register with USFWS. Thus, violations under the 
bill would probably occur infrequently. On that basis, CBO 
estimates that USFWS would incur costs of less than $500,000 
annually after 2020 to maintain the registry and conduct 
enforcement. In total, we estimate that implementing H.R. 1380 
would cost $3 million over the 2020-2024 period; such spending 
would be subject to the availability of appropriated funds.
    Under H.R. 1380, violators would be subject to criminal and 
civil penalties, which are recorded in the budget as revenues. 
Some of those penalties can be spent without further 
appropriation. Thus, enacting the bill could increase revenues 
and associated direct spending; however, CBO estimates that the 
net reduction in the deficit would be insignificant over the 
2020-2029 period.
    Because H.R. 1380 would either prohibit the possession and 
breeding of big cats or require owners, exhibitors, and 
breeders to take actions that would exempt them from the 
prohibitions, the bill contains intergovernmental and private-
sector mandates as defined in the Unfunded Mandates Reform Act 
(UMRA). Although CBO cannot estimate the cost to comply with 
some of the bill's mandates, we expect the aggregate cost of 
the mandates, which would include both lost revenue and 
additional expenses to comply with the bill's requirements, 
would not exceed the annual threshold established in UMRA for 
intergovernmental and private-sector mandates ($84 million and 
$168 million respectively, in 2020, adjusted annually for 
inflation).
    The bill would establish different requirements for 
entities licensed by the USDA to possess, exhibit and breed big 
cats, for wildlife sanctuaries, and for all other owners to be 
eligible for an exemption from the prohibitions.
    Approximately 360 facilities, both public and private, are 
licensed by the USDA to possess, exhibit and breed big cats. To 
qualify for an exemption from the bill's prohibitions, those 
who are exhibitors would be required to:
           Prohibit public contact, with limited 
        exceptions, with the big cats; and
           Maintain a 15-foot gap between the public 
        and the animals or erect a permanent barrier.
    Approximately 40 exhibitors, including public zoos, allow 
physical contact with big cats through seasonal encounters with 
the animals, and about 200 mostly privately owned facilities 
host or participate in special fundraising events that allow 
some form of encounter with the animals. CBO expects that 
prohibiting contact with the cats (or keeping the 15-foot gap) 
would decrease the financial success of these events. Using 
information provided by conservation groups and industry 
sources, CBO estimates that the cost of prohibiting or limiting 
these activities, in the form of foregone revenue, would be 
about $80 million each year.
    Further, licensed owners and trainers provide big cats for 
movies and documentaries involving the type of physical contact 
with the animals that would be prohibited under the bill. By 
requiring a minimum distance of 15 feet between the public and 
the big cats, CBO expects demand for big cats in motion 
pictures would fall. Using information from industry sources, 
CBO estimates that owners and trainers would incur costs in the 
form of foregone revenue of about $20 million per year.
    CBO has no data about the physical characteristics of 
exhibition settings or the ability of licensed exhibitors who 
wish to continue public exposure to the big cats to meet the 
new set-back and barrier requirements. Thus, CBO cannot 
estimate the cost to comply with this exemption.
    In order to be exempted from the bill's prohibitions, H.R. 
1380 would prohibit wildlife sanctuaries from transporting and 
displaying their big cats off site. CBO has no data on the 
number of sanctuaries that transport and display big cats or 
the revenue associated with that activity, and thus, cannot 
estimate the cost of this prohibition.
    The bill would require all other entities that possess big 
cats born before enactment of the bill to register the animals 
with the USFWS to be exempted from the bill's prohibitions. CBO 
cannot estimate the cost of this mandate because regulations 
implementing the bill, including the cost to register the 
animals, have not been developed and the number of animals that 
would need to be registered is unknown.
    Finally, to be eligible for the exemption, those owners 
also would be prohibited from breeding or selling their cats. 
Approximately 200 cubs are traded or sold each year at value of 
roughly $8,000 per animal, according to industry sources; many 
of those cubs are born in facilities that would be unable to 
continue breeding big cats. CBO estimates the cost of the 
breeding prohibition would be less than $1.6 million per year.
    This revised estimate supersedes the estimate for H.R. 
1380, the Big Cat Public Safety Act that was transmitted on 
December 4, 2019. CBO has updated this estimate to reflect new 
information that lowered our estimate of the cost of the 
private-sector mandates contained in the bill. CBO's estimate 
of the federal costs is unchanged.
    The CBO staff contacts for this estimate are Janani 
Shankaran (for federal costs) and Lilia Ledezma (for mandates). 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.
    General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are 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.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 Unfunded Mandates Reform Act Statement

    Because H.R. 1380 would either prohibit the possession and 
breeding of big cats or require owners, exhibitors, and 
breeders to take actions that would exempt them from the 
prohibitions, the bill contains intergovernmental and private-
sector mandates as defined in the Unfunded Mandates Reform Act 
(UMRA). Although CBO cannot estimate the cost to comply with 
some of the bill's mandates, CBO expects the aggregate cost of 
the mandates, which would include both lost revenue and 
additional expenses to comply with the bill's requirements, 
would not exceed the annual threshold established in UMRA for 
intergovernmental and private-sector mandates ($84 million and 
$168 million respectively, in 2020, adjusted annually for 
inflation).
    The bill would establish different requirements for 
entities licensed by the USDA to possess, exhibit and breed big 
cats, for wildlife sanctuaries, and for all other owners to be 
eligible for an exemption from the prohibitions.
    Approximately 360 facilities, both public and private, are 
licensed by the USDA to possess, exhibit and breed big cats. To 
qualify for an exemption from the bill's prohibitions, those 
who are exhibitors would be required to:
           Prohibit public contact, with limited 
        exceptions, with the big cats; and
           Maintain a 15-foot gap between the public 
        and the animals or erect a permanent barrier.
    Approximately 40 exhibitors, including public zoos, allow 
physical contact with big cats through seasonal encounters with 
the animals, and about 200 mostly privately owned facilities 
host or participate in special fundraising events that allow 
some form of encounter with the animals. CBO expects that 
prohibiting contact with the cats (or keeping the 15-foot gap) 
would decrease the financial success of these events. Using 
information provided by conservation groups and industry 
sources, CBO estimates that the cost of prohibiting or limiting 
these activities, in the form of foregone revenue, would be 
about $80 million each year.
    Further, licensed owners and trainers provide big cats for 
movies and documentaries involving the type of physical contact 
with the animals that would be prohibited under the bill. By 
requiring a minimum distance of 15 feet between the public and 
the big cats, CBO expects demand for big cats in motion 
pictures would fall. Using information from industry sources, 
CBO estimates that owners and trainers would incur costs in the 
form of foregone revenue of about $20 million per year.
    CBO has no data about the physical characteristics of 
exhibition settings or the ability of licensed exhibitors who 
wish to continue public exposure to the big cats to meet the 
new set-back and barrier requirements. Thus, CBO cannot 
estimate the cost to comply with this exemption. In order to be 
exempted from the bill's prohibitions, H.R. 1380 would prohibit 
wildlife sanctuaries from transporting and displaying their big 
cats off site. CBO has no data on the number of sanctuaries 
that transport and display big cats or the revenue associated 
with that activity, and thus, cannot estimate the cost of this 
prohibition.
    The bill would require all other entities that possess big 
cats born before enactment of the bill to register the animals 
with the USFWS to be exempted from the bill's prohibitions. CBO 
cannot estimate the cost of this mandate because regulations 
implementing the bill, including the cost to register the 
animals, have not been developed and the number of animals that 
would need to be registered is unknown.
    Finally, to be eligible for the exemption, those owners 
also would be prohibited from breeding or selling their cats. 
Approximately 200 cubs are traded or sold each year at value of 
roughly $8,000 per animal, according to industry sources; many 
of those cubs are born in facilities that would be unable to 
continue breeding big cats. CBO estimates the cost of the 
breeding prohibition would be less than $1.6 million per year.

                           Existing Programs

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               Preemption of State, Local, or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

                        Changes in Existing Law


         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                      LACEY ACT AMENDMENTS OF 1981



           *       *       *       *       *       *       *
SEC. 2. DEFINITIONS.

  For purposes of this Act:
  (a) Breed.--The term ``breed'' means to facilitate 
propagation or reproduction (whether intentionally or 
negligently), or to fail to prevent propagation or 
reproduction.
  [(a)] (b) The term ``fish or wildlife'' means any wild 
animal, whether alive or dead, including without limitation any 
wild mammal, bird, reptile, amphibian, fish, mollusk, 
crustacean, arthropod, coelenterate, or other invertebrate, 
whether or not bred, hatched, or born in captivity, and 
includes any part, product, egg, or offspring thereof.
  [(b)] (c) The term ``import'' means to land on, bring into, 
or introduce into, any place subject to the jurisdiction of the 
United States, whether or not such landing, bringing, or 
introduction constitutes an importation within the meaning of 
the customs laws of the United States.
  [(c)] (d) The term ``Indian tribal law'' means any regulation 
of, or other rule of conduct enforceable by, any Indian tribe, 
band, or group but only to the extent that the regulation or 
rule applies within Indian country as defined in section 1151 
of title 18, United States Code.
  [(d)] (e) The terms ``law,''``treaty,''``regulation,'' and 
``Indian tribal law'' mean laws, treaties, regulations or 
Indian tribal laws which regulate the taking, possession, 
importation, exportation, transportation, or sale of fish or 
wildlife or plants.
  [(e)] (f) The term ``person'' includes any individual, 
partnership, association, corporation, trust, or any officer, 
employee, agent, department, or instrumentality of the Federal 
Government or of any State or political subdivision thereof, or 
any other entity subject to the jurisdiction of the United 
States.
  [(f)] (g) Plant.--
          (1) In general.--The terms ``plant'' and ``plants'' 
        mean any wild member of the plant kingdom, including 
        roots, seeds, parts, or products thereof, and including 
        trees from either natural or planted forest stands.
          (2) Exclusions.--The terms ``plant'' and ``plants'' 
        exclude--
                  (A) common cultivars, except trees, and 
                common food crops (including roots, seeds, 
                parts, or products thereof);
                  (B) a scientific specimen of plant genetic 
                material (including roots, seeds, germplasm, 
                parts, or products thereof) that is to be used 
                only for laboratory or field research; and
                  (C) any plant that is to remain planted or to 
                be planted or replanted.
          (3) Exceptions to application of exclusions.--The 
        exclusions made by subparagraphs (B) and (C) of 
        paragraph (2) do not apply if the plant is listed--
                  (A) in an appendix to the Convention on 
                International Trade in Endangered Species of 
                Wild Fauna and Flora (27 UST 1087; TIAS 8249);
                  (B) as an endangered or threatened species 
                under the Endangered Species Act of 1973 (16 
                U.S.C. 1531 et seq.); or
                  (C) pursuant to any State law that provides 
                for the conservation of species that are 
                indigenous to the State and are threatened with 
                extinction.
  [(g)] (h) Prohibited Wildlife Species.--The term ``prohibited 
wildlife species'' means any live species of lion, tiger, 
leopard, cheetah, jaguar, or cougar or any hybrid of such 
species.
  [(h)] (i) The term ``Secretary'' means, except as otherwise 
provided in the Act, the Secretary of the Interior or the 
Secretary of Commerce, as program responsibilities are vested 
pursuant to the provisions of Reorganization Plan Numbered 4 of 
1970 (84 Stat. 2090); except that with respect to the 
provisions of this Act which pertain to the importation or 
exportation of plants, the term also means the Secretary of 
Agriculture.
  [(i)] (j) The term ``State'' means any of the several States, 
the District of Columbia, the Commonwealth of Puerto Rico, the 
Virgin Islands, Guam, Northern Mariana Islands, American Samoa, 
and any other territory, commonwealth, or possession of the 
United States.
  [(j)] (k) Taken and Taking.--
          (1) Taken.--The term ``taken'' means captured, 
        killed, or collected and, with respect to a plant, also 
        means harvested, cut, logged, or removed.
          (2) Taking.--The term ``taking'' means the act by 
        which fish, wildlife, or plants are taken.
  [(k)] (l) The term ``transport'' means to move, convey, 
carry, or ship by any means, or to deliver or receive for the 
purpose of movement, conveyance, carriage, or shipment.

SEC. 3. PROHIBITED ACTS.

  (a) Offenses Other Than Marking Offenses.--It is unlawful for 
any person--
          (1) to import, export, transport, sell, receive, 
        acquire, or purchase any fish or wildlife or plant 
        taken, possessed, transported, or sold in violation of 
        any law, treaty, or regulation of the United States or 
        in violation of any Indian tribal law;
          (2) to import, export, transport, sell, receive, 
        acquire, or purchase in interstate or foreign 
        commerce--
                  (A) any fish or wildlife taken, possessed, 
                transported, or sold in violation of any law or 
                regulation of any State or in violation of any 
                foreign law[;]; or
                  (B) any plant--
                          (i) taken, possessed, transported, or 
                        sold in violation of any law or 
                        regulation of any State, or any foreign 
                        law, that protects plants or that 
                        regulates--
                                  (I) the theft of plants;
                                  (II) the taking of plants 
                                from a park, forest reserve, or 
                                other officially protected 
                                area;
                                  (III) the taking of plants 
                                from an officially designated 
                                area; or
                                  (IV) the taking of plants 
                                without, or contrary to, 
                                required authorization;
                          (ii) taken, possessed, transported, 
                        or sold without the payment of 
                        appropriate royalties, taxes, or 
                        stumpage fees required for the plant by 
                        any law or regulation of any State or 
                        any foreign law; or
                          (iii) taken, possessed, transported, 
                        or sold in violation of any limitation 
                        under any law or regulation of any 
                        State, or under any foreign law, 
                        governing the export or transshipment 
                        of plants[; or];
                  [(C) any prohibited wildlife species (subject 
                to subsection (e));]
          (3) within the special maritime and territorial 
        jurisdiction of the United States (as defined in 
        section 7 of title 18, United States Code)--
                  (A) to possess any fish or wildlife taken, 
                possessed, transported, or sold in violation of 
                any law or regulation of any State or in 
                violation of any foreign law or Indian tribal 
                law, or
                  (B) to possess any plant--
                          (i) taken, possessed, transported, or 
                        sold in violation of any law or 
                        regulation of any State, or any foreign 
                        law, that protects plants or that 
                        regulates--
                                  (I) the theft of plants;
                                  (II) the taking of plants 
                                from a park, forest reserve, or 
                                other officially protected 
                                area;
                                  (III) the taking of plants 
                                from an officially designated 
                                area; or
                                  (IV) the taking of plants 
                                without, or contrary to, 
                                required authorization;
                          (ii) taken, possessed, transported, 
                        or sold without the payment of 
                        appropriate royalties, taxes, or 
                        stumpage fees required for the plant by 
                        any law or regulation of any State or 
                        any foreign law; or
                          (iii) taken, possessed, transported, 
                        or sold in violation of any limitation 
                        under any law or regulation of any 
                        State, or under any foreign law, 
                        governing the export or transshipment 
                        of plants; or
          (4) to attempt to commit any act described in 
        paragraphs [(1) through (3)] (1) through (3) or 
        subsection (e).
  (b) Marking Offenses.--It is unlawful for any person to 
import, export, or transport in interstate commerce any 
container or package containing any fish or wildlife unless the 
container or package has previously been plainly marked, 
labeled, or tagged in accordance with the regulations issued 
pursuant to paragraph (2) of subsection 7(a) of this Act.
  (c) Sale and Purchase of Guiding and Outfitting Services and 
Invalid Licenses and Permits.--
          (1) Sale.--It is deemed to be a sale of fish or 
        wildlife in violation of this Act for a person for 
        money or other consideration to offer or provide--
                  (A) guiding, outfitting, or other services; 
                or
                  (B) a hunting or fishing license or permit;
        for the illegal taking, acquiring, receiving, 
        transporting, or possessing of fish or wildlife.
          (2) Purchase.--It is deemed to be a purchase of fish 
        or wildlife in violation of this Act for a person to 
        obtain for money or other consideration--
                  (A) guiding, outfitting, or other services; 
                or
                  (B) a hunting or fishing license or permit;
        for the illegal taking, acquiring, receiving, 
        transporting, or possessing of fish or wildlife.
  (d) False Labeling Offenses.--It is unlawful for any person 
to make or submit any false record, account, or label for, or 
any false identification of, any fish, wildlife, or plant which 
has been, or is intended to be--
          (1) imported, exported, transported, sold, purchased, 
        or received from any foreign country; or
          (2) transported in interstate or foreign commerce.
  [(e) Nonapplicability of Prohibited Wildlife Species 
Offense.--
          [(1) In general.--Subsection (a)(2)(C) does not apply 
        to importation, exportation, transportation, sale, 
        receipt, acquisition, or purchase of an animal of a 
        prohibited wildlife species, by a person that, under 
        regulations prescribed under paragraph (3), is 
        described in paragraph (2) with respect to that 
        species.
          [(2) Persons described.--A person is described in 
        this paragraph, if the person--
                  [(A) is licensed or registered, and 
                inspected, by the Animal and Plant Health 
                Inspection Service or any other Federal agency 
                with respect to that species;
                  [(B) is a State college, university, or 
                agency, State-licensed wildlife rehabilitator, 
                or State-licensed veterinarian;
                  [(C) is an accredited 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 1986 and 
                        described in sections 501(c)(3) and 
                        170(b)(1)(A)(vi) of such Code;
                          [(ii) does not commercially trade in 
                        animals listed in section 2(g), 
                        including offspring, parts, and 
                        byproducts of such animals;
                          [(iii) does not propagate animals 
                        listed in section 2(g); and
                          [(iv) does not allow direct contact 
                        between the public and animals; or
                  [(D) has custody of the animal solely for the 
                purpose of expeditiously transporting the 
                animal to a person described in this paragraph 
                with respect to the species.
          [(3) 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, shall promulgate regulations 
        describing the persons described in paragraph (2).
          [(4) State authority.--Nothing in this subsection 
        preempts or supersedes the authority of a State to 
        regulate wildlife species within that State.
          [(5) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out subsection 
        (a)(2)(C) $3,000,000 for each of fiscal years 2004 
        through 2008.]
  (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 and if the entity 
                or facility--
                          (i) does not allow any individual to 
                        come into direct physical contact with 
                        a prohibited wildlife species, unless 
                        that individual is--
                                  (I) a trained professional 
                                employee or contractor of the 
                                entity or facility (or an 
                                accompanying employee receiving 
                                professional training);
                                  (II) a licensed veterinarian 
                                (or a veterinary student 
                                accompanying such a 
                                veterinarian); or
                                  (III) directly supporting 
                                conservation programs of the 
                                entity or facility, the contact 
                                is not in the course of 
                                commercial activity (which may 
                                be evidenced by advertisement 
                                or promotion of such activity 
                                or other relevant evidence), 
                                and the contact is incidental 
                                to humane husbandry conducted 
                                pursuant to a species-specific, 
                                publicly available, peer-edited 
                                population management and care 
                                plan that has been provided to 
                                the Secretary with 
                                justifications that the plan--
                                          (aa) reflects 
                                        established 
                                        conservation science 
                                        principles;
                                          (bb) incorporates 
                                        genetic and demographic 
                                        analysis of a multi-
                                        institution population 
                                        of animals covered by 
                                        the plan; and
                                          (cc) promotes animal 
                                        welfare by ensuring 
                                        that the frequency of 
                                        breeding is appropriate 
                                        for the species;
                          (ii) ensures that during public 
                        exhibition of a lion (Panthera leo), 
                        tiger (Panthera tigris), leopard 
                        (Panthera pardus), snow leopard (Uncia 
                        uncia), jaguar (Panthera onca), cougar 
                        (Puma concolor), or any hybrid thereof, 
                        the animal is at least 15 feet from 
                        members of the public unless there is a 
                        permanent barrier sufficient to prevent 
                        public contact;
                  (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;
                          (iii) does not breed any prohibited 
                        wildlife species;
                          (iv) does not allow direct contact 
                        between the public and any prohibited 
                        wildlife species; and
                          (v) does not allow the transportation 
                        and display of any prohibited wildlife 
                        species off-site;
                  (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;
                          (ii) does not breed, acquire, or sell 
                        any prohibited wildlife species after 
                        the date of the enactment of such Act; 
                        and
                          (iii) does not allow direct contact 
                        between the public and prohibited 
                        wildlife species.
  (f) Plant Declarations.--
          (1) Import declaration.--Effective 180 days from the 
        date of enactment of this subsection, and except as 
        provided in paragraph (3), it shall be unlawful for any 
        person to import any plant unless the person files upon 
        importation a declaration that contains--
                  (A) the scientific name of any plant 
                (including the genus and species of the plant) 
                contained in the importation;
                  (B) a description of--
                          (i) the value of the importation; and
                          (ii) the quantity, including the unit 
                        of measure, of the plant; and
                  (C) the name of the country from which the 
                plant was taken.
          (2) Declaration relating to plant products.--Until 
        the date on which the Secretary promulgates a 
        regulation under paragraph (6), a declaration relating 
        to a plant product shall--
                  (A) in the case in which the species of plant 
                used to produce the plant product that is the 
                subject of the importation varies, and the 
                species used to produce the plant product is 
                unknown, contain the name of each species of 
                plant that may have been used to produce the 
                plant product;
                  (B) in the case in which the species of plant 
                used to produce the plant product that is the 
                subject of the importation is commonly taken 
                from more than one country, and the country 
                from which the plant was taken and used to 
                produce the plant product is unknown, contain 
                the name of each country from which the plant 
                may have been taken; and
                  (C) in the case in which a paper or 
                paperboard plant product includes recycled 
                plant product, contain the average percent 
                recycled content without regard for the species 
                or country of origin of the recycled plant 
                product, in addition to the information for the 
                non-recycled plant content otherwise required 
                by this subsection.
          (3) Exclusions.--Paragraphs (1) and (2) shall not 
        apply to plants used exclusively as packaging material 
        to support, protect, or carry another item, unless the 
        packaging material itself is the item being imported.
          (4) Review.--Not later than two years after the date 
        of enactment of this subsection, the Secretary shall 
        review the implementation of each requirement imposed 
        by paragraphs (1) and (2) and the effect of the 
        exclusion provided by paragraph (3). In conducting the 
        review, the Secretary shall provide public notice and 
        an opportunity for comment.
          (5) Report.--Not later than 180 days after the date 
        on which the Secretary completes the review under 
        paragraph (4), the Secretary shall submit to the 
        appropriate committees of Congress a report 
        containing--
                  (A) an evaluation of--
                          (i) the effectiveness of each type of 
                        information required under paragraphs 
                        (1) and (2) in assisting enforcement of 
                        this section; and
                          (ii) the potential to harmonize each 
                        requirement imposed by paragraphs (1) 
                        and (2) with other applicable import 
                        regulations in existence as of the date 
                        of the report;
                  (B) recommendations for such legislation as 
                the Secretary determines to be appropriate to 
                assist in the identification of plants that are 
                imported into the United States in violation of 
                this section; and
                  (C) an analysis of the effect of subsection 
                (a) and this subsection on--
                          (i) the cost of legal plant imports; 
                        and
                          (ii) the extent and methodology of 
                        illegal logging practices and 
                        trafficking.
          (6) Promulgation of regulations.--Not later than 180 
        days after the date on which the Secretary completes 
        the review under paragraph (4), the Secretary may 
        promulgate regulations--
                  (A) to limit the applicability of any 
                requirement imposed by paragraph (2) to 
                specific plant products;
                  (B) to make any other necessary modification 
                to any requirement imposed by paragraph (2), as 
                determined by the Secretary based on the 
                review; and
                  (C) to limit the scope of the exclusion 
                provided by paragraph (3), if the limitations 
                in scope are warranted as a result of the 
                review.

SEC. 4. PENALTIES AND SANCTIONS.

  (a) Civil Penalties.--
          (1) Any person who engages in conduct prohibited by 
        any provision of this Act (other than subsections (b), 
        (d), (e), and (f) of section 3) and in the exercise of 
        due care should know that the fish or wildlife or 
        plants were taken, possessed, transported, or sold in 
        violation of, or in a manner unlawful under, any 
        underlying law, treaty, or regulation, and any person 
        who knowingly violates subsection (d), (e), or (f) of 
        section 3, may be assessed a civil penalty by the 
        Secretary of not more than $10,000 for each such 
        violation: Provided, That when the violation involves 
        fish or wildlife or plants with a market value of less 
        than $350, and involves only the transportation, 
        acquisition, or receipt of fish or wildlife or plants 
        taken or possessed in violation of any law, treaty, or 
        regulation of the United States, any Indian tribal law, 
        any foreign law, or any law or regulation of any State, 
        the penalty assessed shall not exceed the maximum 
        provided for violation of said law, treaty, or 
        regulation, or $10,000, whichever is less.
          (2) Any person who violates subsection (b) or (f) of 
        section 3, except as provided in paragraph (1), may be 
        assessed a civil penalty by the Secretary of not more 
        than $250.
          (3) For purposes of paragraphs (1) and (2), any 
        reference to a provision of this Act or to a section of 
        this Act shall be treated as including any regulation 
        issued to carry out any such provision or section.
          (4) No civil penalty may be assessed under this 
        subsection unless the person accused of the violation 
        is given notice and opportunity for a hearing with 
        respect to the violation. Each violation shall be a 
        separate offense and the offense shall be deemed to 
        have been committed not only in the district where the 
        violation first occurred, but also in any district in 
        which a person may have taken or been in possession of 
        the said fish or wildlife or plants.
          (5) Any civil penalty assessed under this subsection 
        may be remitted or mitigated by the Secretary.
          (6) In determining the amount of any penalty assessed 
        pursuant to paragraphs (1) and (2), the Secretary shall 
        take into account the nature, circumstances, extent, 
        and gravity of the prohibited act committed, and with 
        respect to the violator, the degree of culpability, 
        ability to pay, and such other matters as justice may 
        require.
  (b) Hearings.--Hearings held during proceedings for the 
assessment of civil penalties shall be conducted in accordance 
with section 554 of title 5, United States Code. The 
administrative law judge may issue subpenas for the attendance 
and testimony of witnesses and the production of relevant 
papers, books, or documents, and may administer oaths. 
Witnesses summoned shall be paid the same fees and mileage that 
are paid to witnesses in the courts of the United States. In 
case of contumacy or refusal to obey a subpena issued pursuant 
to this paragraph and served upon any person, the district 
court of the United States for any district in which such 
person is found, resides, or transacts business, upon 
application by the United States and after notice to such 
person, shall have jurisdiction to issue an order requiring 
such person to appear and give testimony before the 
administrative law judge or to appear and produce documents 
before the administrative law judge, or both, and any failure 
to obey such order of the court may be punished by such court 
as a contempt thereof.
  (c) Review of Civil Penalty.--Any person against whom a civil 
penalty is assessed under this section may obtain review 
thereof in the appropriate District Court of the United States 
by filing a complaint in such court within 30 days after the 
date of such order and by simultaneously serving a copy of the 
complaint by certified mail on the Secretary, the Attorney 
General, and the appropriate United States attorney. The 
Secretary shall promptly file in such court a certified copy of 
the record upon which such violation was found or such penalty 
imposed, as provided in section 2112 of title 28, United States 
Code. If any person fails to pay an assessment of a civil 
penalty after it has become a final and unappealable order or 
after the appropriate court has entered final judgment in favor 
of the Secretary, the Secretary may request the Attorney 
General of the United States to institute a civil action in an 
appropriate district court of the United States to collect the 
penalty, and such court shall have jurisdiction to hear and 
decide any such action. In hearing such action, the court shall 
have authority to review the violation and the assessment of 
the civil penalty de novo.
  (d) Criminal Penalties.--
          (1) Any person who--
                  (A) knowingly imports or exports any fish or 
                wildlife or plants in violation of any 
                provision of this Act (other than subsections 
                (b), (d), (e), and (f) of section 3), or
                  (B) violates any provision of this Act (other 
                than subsections (b), (d), (e), and (f) of 
                section 3) by knowingly engaging in conduct 
                that involves the sale or purchase of, the 
                offer of sale or purchase of, or the intent to 
                sell or purchase, fish or wildlife or plants 
                with a market value in excess of $350,
        knowing that the fish or wildlife or plants were taken, 
        possessed, transported, or sold in violation of, or in 
        a manner unlawful under, any underlying law, treaty or 
        regulation, 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 
        shall be deemed to have been committed not only in the 
        district where the violation first occurred, but also 
        in any district in which the defendant may have taken 
        or been in possession of the said fish or wildlife or 
        plants.
          (2) Any person who knowingly engages in conduct 
        prohibited by any provision of this Act (other than 
        subsections (b), (d), (e), and (f) of section 3) and in 
        the exercise of due care should know that the fish or 
        wildlife or plants were taken, possessed, transported, 
        or sold in violation of, or in a manner unlawful under, 
        any underlying law, treaty or regulation shall be fined 
        not more than $10,000, or imprisoned for not more than 
        one year, or both. Each violation shall be a separate 
        offense and the offense shall be deemed to have been 
        committed not only in the district where the violation 
        first occurred, but also in any district in which the 
        defendant may have taken or been in possession of the 
        said fish or wildlife or plants.
          (3) Any person who knowingly violates subsection (d) 
        or (f) of section 3--
                  (A) shall be fined under title 18, United 
                States Code, or imprisoned for not more than 5 
                years, or both, if the offense involves--
                          (i) the importation or exportation of 
                        fish or wildlife or plants; or
                          (ii) the sale or purchase, offer of 
                        sale or purchase, or commission of an 
                        act with intent to sell or purchase 
                        fish or wildlife or plants with a 
                        market value greater than $350; and
                  (B) shall be fined under title 18, United 
                States Code, or imprisoned for not more than 1 
                year, or both, if the offense does not involve 
                conduct described in subparagraph (A).
          (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.
  (e) Permit Sanctions.--The Secretary may also suspend, 
modify, or cancel any Federal hunting or fishing license, 
permit, or stamp, or any license or permit authorizing a person 
to import or export fish or wildlife or plants (other than a 
permit or license issued pursuant to the Fishery Conservation 
and Management Act of 1976), or to operate a quarantine station 
or rescue center for imported wildlife or plants, issued to any 
person who is convicted of a criminal violation of any 
provision of this Act or any regulation issued hereunder. The 
Secretary shall not be liable for the payments of any 
compensation, reimbursement, or damages in connection with the 
modification, suspension, or revocation of any licenses, 
permits, stamps, or other agreements pursuant to this section.

SEC. 5. FORFEITURE.

  (a) In General.--
          (1) All fish or wildlife or plants bred, possessed, 
        imported, exported, transported, sold, received, 
        acquired, or purchased contrary to the provisions of 
        section 3 of this Act (other than subsection 3(b)), or 
        any regulation issued pursuant thereto, shall be 
        subject to forfeiture to the United States 
        notwithstanding any culpability requirements for civil 
        penalty assessment or criminal prosecution included in 
        section 4 of this Act.
          (2) All vessels, vehicles, aircraft, and other 
        equipment used to aid in the importing, exporting, 
        transporting, selling, receiving, acquiring, or 
        purchasing of fish or wildlife or plants in a criminal 
        violation of this Act for which a felony conviction is 
        obtained shall be subject to forfeiture to the United 
        States if (A) the owner of such vessel, vehicle, 
        aircraft, or equipment was at the time of the alleged 
        illegal act a consenting party or privy thereto or in 
        the exercise of due care should have known that such 
        vessel, vehicle, aircraft, or equipment would be used 
        in a criminal violation of this Act, and (B) the 
        violation involved the sale or purchase of, the offer 
        of sale or purchase of, or the intent to sell or 
        purchase, fish or wildlife or plants.
  (b) Application of Customs Laws.--All provisions of law 
relating to the seizure, forfeiture, and condemnation of 
property for violation of the customs laws, the disposition of 
such property or the proceeds from the sale thereof, and the 
remission or mitigation of such forfeiture, shall apply to the 
seizures and forfeitures incurred, or alleged to have been 
incurred, under the provisions of this Act, insofar as such 
provisions of law are applicable and not inconsistent with the 
provisions of this Act; except that all powers, rights, and 
duties conferred or imposed by the customs laws upon any 
officer or employee of the Treasury Department may, for the 
purposes of this Act, also be exercised or performed by the 
Secretary or by such persons as he may designate: Provided, 
That any warrant for search or seizure shall be issued in 
accordance with rule 41 of the Federal Rules of Criminal 
Procedure.
  (c) Storage Cost.--Any person convicted of an offense, or 
assessed a civil penalty, under section 4 shall be liable for 
the costs incurred in the storage, care, and maintenance of any 
fish or wildlife or plant seized in connection with the 
violation concerned.
  (d) Civil Forfeitures.--Civil forfeitures under this section 
shall be governed by the provisions of chapter 46 of title 18, 
United States Code.

           *       *       *       *       *       *       *


SEC. 7. ADMINISTRATION.

  (a) Regulations.--
          (1) The Secretary, after consultation with the 
        Secretary of the Treasury, is authorized to issue such 
        regulations, except as provided in paragraph (2), as 
        may be necessary to carry out the provisions of 
        sections 3(f), 4, and 5 of this Act.
          (2) The Secretaries of the Interior and Commerce 
        shall jointly promulgate specific regulations to 
        implement the provisions of subsection 3(b) and of this 
        Act for the marking and labeling of containers or 
        packages containing fish or wildlife. These regulations 
        shall be in accordance with existing commercial 
        practices.
          (3) The Secretary shall, in consultation with other 
        relevant Federal and State agencies, promulgate any 
        regulations necessary to implement section 3(e).
  (b) Contract Authority.--Beginning in fiscal year 1983, to 
the extent and in the amounts provided in advance in 
appropriations Acts, the Secretary may enter into such 
contracts, leases, cooperative agreements, or other 
transactions with any Federal or State agency, Indian tribe, 
public or private institution, or other person, as may be 
necessary to carry out the purposes of this Act.
  (c) Clarification of Exclusions From Definition of Plant.--
The Secretary of Agriculture and the Secretary of the Interior, 
after consultation with the appropriate agencies, shall jointly 
promulgate regulations to define the terms used in [section 
2(f)(2)(A)] section 2(g)(2)(A) for the purposes of enforcement 
under this Act.

           *       *       *       *       *       *       *

                              ----------                              


              CONSOLIDATED FARM AND RURAL DEVELOPMENT ACT



           *       *       *       *       *       *       *
TITLE III--AGRICULTURAL CREDIT

           *       *       *       *       *       *       *


Subtitle D--Administrative Provisions

           *       *       *       *       *       *       *


  Sec. 349. (a) For purposes of this section:
          (1) The term ``governmental entity'' means any agency 
        of the United States, a State, or a unit of local 
        government of a State.
          (2) The terms ``highly erodible land'' and 
        ``wetland'' have the meanings, respectively, that such 
        terms are given in section 1201 of the Food Security 
        Act of 1985.
          (3) The term ``wildlife'' means fish or wildlife as 
        defined in [section 2(a)] section 2(b) of the Lacey Act 
        Amendments of 1981 (16 U.S.C. 3371(a)).
          (4) The term ``recreational purposes'' includes 
        hunting.
  (b) Contracts on Loan Security Properties.--Subject to 
subsection (c), the Secretary may enter into a contract related 
to real property for conservation, recreation, or wildlife 
purposes.
  (c) Limitations.--The Secretary may enter into a contract 
under subsection (b) if--
          (1) such property is wetland, upland, or highly 
        erodible land;
          (2) such property is determined by the Secretary to 
        be suitable for the purposes involved; and
          (3)(A) such property secures any loan made under any 
        law administered by the Secretary and held by the 
        Secretary; and
          (B) such contract better enables a qualified borrower 
        to repay the loan in a timely manner, as determined by 
        the Secretary.
  (d) The terms and conditions specified in each such contract 
shall--
          (1) specify the purposes for which such real property 
        may be used;
          (2) identify the conservation measures to be taken, 
        and the recreational and wildlife uses to be allowed, 
        with respect to such real property; and
          (3) require such owner to permit the Secretary, and 
        any person or governmental entity designated by the 
        Secretary, to have access to such real property for the 
        purpose of monitoring compliance with such contract.
  (e)(1) Subject to paragraph (2), the Secretary may reduce or 
forgive the outstanding debt of a borrower--
          (A) in the case of a borrower to whom the Secretary 
        has made one or more outstanding loans under laws 
        administered by the Secretary, by canceling that part 
        of the aggregate amount of such outstanding loans that 
        bears the same ratio to such aggregate amount as the 
        number of acres of the real property of the borrower 
        that are subject to the contract bears to the aggregate 
        number of acres securing such loans; or
          (B) in any other case, by treating as prepaid that 
        part of the principal amount of a new loan to the 
        borrower issued and held by the Secretary under a law 
        administered by the Farmers Home Administration that 
        bears the same ratio to such principal amount as the 
        number of acres of the real property of the borrower 
        that are subject to the contract bears to the aggregate 
        number of acres securing the new loan.
  (2) The amount so canceled or treated as prepaid pursuant to 
paragraph (1) shall not exceed--
          (A) in the case of a delinquent loan, the value of 
        the land on which the contract is entered into or the 
        difference between the amount of the outstanding loan 
        secured by the land and the value of the land, 
        whichever is greater; or
          (B) in the case of a nondelinquent loan, 33 percent 
        of the amount of the loan secured by the land.
  (f) If the Secretary elects to use the authority provided by 
this section, the Secretary shall consult with the Director of 
the Fish and Wildlife Service for purposes of--
          (1) selecting real property in which the Secretary 
        may enter into contracts under this section;
          (2) formulating the terms and conditions of such 
        contracts; and
          (3) enforcing such contracts.
  (g) The Secretary, and any person or governmental entity 
designated by the Secretary, may enforce a contract entered 
into by the Secretary under this section.

           *       *       *       *       *       *       *


                            DISSENTING VIEWS

    H.R. 1380 would amend the Captive Wildlife Safety Act 
(CWSA) by placing new restrictions on importing, exporting, 
transporting, selling, receiving, acquiring, breeding, 
possessing, and exhibiting big cats.\1\ The CWSA is consistent 
with the primary directive of the Lacey Act (which it amended), 
which combats illegal trafficking in wildlife; however the bill 
would expand the Lacey Act to include elements of the Animal 
Welfare Act (AW A), which is administered by the Department of 
Agriculture (USDA).\2\
---------------------------------------------------------------------------
    \1\Big cats include lions, tigers, lion (Panthera leo), tiger 
(Panthera tigris), leopard (Panthera pardus), snow leopard (Uncia 
uncia), jaguar (Panthera onca), cougar (Puma concolor), or any hybrid 
thereof.
    \2\United States Department of Agriculture: Animal Welfare Act and 
Animal Welfare Regulations handbook, January 2017.
---------------------------------------------------------------------------
    This legislation has garnered opposition from the 
Zoological Association of America (ZAA), specifically stating 
that the legislation, ``represents an unwarranted federal 
intrusion into the rights of responsible wildlife exhibitors 
and will have significant negative impact on federally licensed 
zoological facilities as well as many small and family owned 
businesses.''\3\ Furthermore, the ZAA suggests that, if this 
legislation were to be signed into law, it would create 
competing, contradictory statutory authority between USDA and 
the Department of the Interior.\4\
---------------------------------------------------------------------------
    \3\John Seyjagat, Executive Director of the Zoological Association 
of America, letter to Chairman Grijalva and Ranking Member Bishop, 
March 4, 2019.
    \4\John Seyjagat, Executive Director of the Zoological Association 
of America, letter to Chairman Grijalva and Ranking Member Bishop, 
March 4, 2019.
---------------------------------------------------------------------------
    H.R. 1380 will hinder conservation and education efforts by 
destroying structured big cat breeding programs, currently 
legal, and supported by accredited facilities engaging in 
activities to promote genetic diversity among captive 
populations of cats within America. Furthermore, this 
legislation would create and place harmful bureaucratic layers 
of regulation on law-abiding USDA Class C license holder 
facilities by predating access to animals for exhibition and 
breeding purposes on compliance with radical animal rights 
ideology. The Animal and Plant Health Inspection Service 
(APHIS) within the Department of Agriculture is the primary 
enforcement and inspection agency for wildlife and animal 
welfare. H.R. 1380 would create an unfunded mandate for the 
U.S. Fish and Wildlife Service by requiring redundant 
inspection of wildlife facilities to ensure compliance with the 
proposed text. Requiring U.S. Fish and Wildlife to conduct 
duplicative and wasteful inspections that are already conducted 
through the work of APHIS and current regulation would have 
detrimental budget impacts for the Department of Interior. 
During consideration of this bill, Ranking Republican Rob 
Bishop offered an amendment to address this issue. It was voted 
down by almost all the Democrats on the Committee.
    For these many reasons, we oppose this bill.

                                   Rob Bishop.
                                   Doug Lamborn.
                                   Paul A. Gosar
                                   Bruce Westerman.
                                   Jody B. Hice.
                                   Russ Fulcher.

                                  [all]