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[House Report 112-691]
[From the U.S. Government Publishing Office]

112th Congress                                            Rept. 112-691
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

======================================================================

 
 TO AMEND TITLE 18, UNITED STATES CODE, TO PROHIBIT THE IMPORTATION OF 
            VARIOUS INJURIOUS SPECIES OF CONSTRICTOR SNAKES

                                _______
                                

               September 28, 2012.--Ordered to be printed

                                _______
                                

Mr. Smith of Texas, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 511]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 511) to amend title 18, United States Code, to 
prohibit the importation of various injurious species of 
constrictor snakes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page

The Amendment....................................................     1
Purpose and Summary..............................................     2
Background and Need for the Legislation..........................     2
Hearings.........................................................     4
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     5
New Budget Authority and Tax Expenditures........................     5
Congressional Budget Office Cost Estimate........................     5
Performance Goals and Objectives.................................     7
Advisory on Earmarks.............................................     7
Section-by-Section Analysis......................................     7
Changes in Existing Law Made by the Bill, as Reported............     8

                             The Amendment

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. IMPORTATION OR SHIPMENT OF INJURIOUS SPECIES.

  (a) Inclusion of Certain Constrictor Snakes as Injurious Species.--
Section 42(a)(1) of title 18, United States Code, is amended in the 
first sentence by inserting after ``polymorpha;'' the following: ``of 
the Indian python of the species Python molurus, including the Burmese 
python of the species Python molurus bivittatus; of the reticulated 
python of the species Broghammerus reticulatus or Python reticulatus; 
of the Northern African python of the species Python sebae; of the 
Southern African python of the species Python natalensis; of the boa 
constrictor of the species Boa constrictor; of the yellow anaconda of 
the species Eunectes notaeus; of the DeSchauensee's anaconda of the 
species Eunectes deschauenseei; of the green anaconda of the species 
Eunectes murinus; of the Beni anaconda of the species Eunectes 
beniensis;''.
  (b) Requirement That Violation Be Committed Knowingly.--Section 42(b) 
of such title is amended by striking ``Whoever violates'' and inserting 
``Whoever knowingly violates''.
  (c) Exemption for Certain Entities Importing or Shipping Certain 
Species.--Section 42 of such title is amended by inserting after 
subsection (c) the following:
  ``(d)(1) Subsection (a)(1) shall not apply to a State fish and 
wildlife agency or an exhibitor in the case of the importation or 
shipment of--
          ``(A) the Indian python of the species Python molurus, 
        including the Burmese python of the species Python molurus 
        bivittatus;
          ``(B) the reticulated python of the species Broghammerus 
        reticulatus or Python reticulatus;
          ``(C) the Northern African python of the species Python 
        sebae;
          ``(D) the Southern African python of the species Python 
        natalensis;
          ``(E) the boa constrictor of the species Boa constrictor;
          ``(F) the yellow anaconda of the species Eunectes notaeus;
          ``(G) the DeSchauensee's anaconda of the species Eunectes 
        deschauenseei;
          ``(H) the green anaconda of the species Eunectes murinus; or
          ``(I) the Beni anaconda of the species Eunectes beniensis.
  ``(2) For purposes of this subsection--
          ``(A) the term `exhibitor' has the meaning given such term in 
        section 1.1 of title 9, Code of Federal Regulations (as in 
        effect on January 1, 2012); and
          ``(B) the term `State fish and wildlife agency' has the 
        meaning given such term in section 80.1 of title 50, Code of 
        Federal Regulations (as in effect on January 1, 2012).''.

                          Purpose and Summary

    H.R. 511 amends the Federal criminal code to expand the 
prohibition against the importation or shipment into the United 
States, or its territories and possessions, of any injurious 
animals to include the Indian python of the species Python 
molurus bivittatus, the reticulated python of the species 
Broghammerus reticulatus or Python reticulatus, the Northern 
African python of the species Python sebae, the Southern 
African python of the species Python natalensis, the boa 
constricter of the species Boa constrictor, the yellow anaconda 
of the species Eunectes notaeus, the DeSchauensee's anaconda of 
the species Eunectes deschauenseei, the green anaconda of the 
species Eunectes murinus, and the Beni anaconda of the species 
Eunectes beniensis. The bill exempts State fish and wildlife 
agencies and exhibitors in cases of importation or shipment of 
certain species of snakes.

                Background and Need for the Legislation

    The purpose of H.R. 511 is to amend section 42 of Title 18 
of the United States Code to include species of pythons and boa 
constrictors as injurious animals that cannot be imported into 
or shipped within the United States. Section 42 currently 
prohibits the importation or interstate shipment of certain 
injurious animals. The species added by H.R. 511 include the 
Indian python, the reticulated python, the Northern African 
python, the Southern African python, the Boa constrictor, the 
yellow anaconda, the DeSchauensee's anaconda, the green 
anaconda, and the Beni anaconda.
    Pythons are often imported into the United States for use 
as exotic pets. Coincidentally, many of these animals are kept 
as pets in the State of Florida. According to the U.S. Fish and 
Wildlife Service, approximately 99,000 Burmese pythons were 
imported to the United States between 1996 and 2006 (compared 
to only 17,000 between 1970 and 1995). The State of Florida has 
taken some steps to limit the number of potentially dangerous 
animals, such as pythons, sold within its borders. In 2005, the 
State of Florida's Fish and Wildlife Conservation Commission 
created an invasive animals management section. One of their 
key recommendations led to a new Florida rule limiting commerce 
in ``reptiles of concern'' including the world's five largest 
non-venomous snakes, including the Burmese python. These 
animals were selected as most threatening because of their 
large size and extreme predatory natures.
    The State of Florida requires exotic pet owners to pay $100 
annual possession permits and the animals must be identified 
via implanted microchip. Despite these efforts to limit and 
track these potentially dangerous snakes, Burmese pythons have 
been reported in Florida's wilds. In fact, Burmese pythons are 
now thoroughly established in South Florida's natural wildlife 
areas, such as Everglades National Park, and already number 
from several thousands to more than 180,000. Uncertainty 
remains regarding their actual population. The introduction of 
invasive pest animals has primarily been through the pet trade. 
Many ``pet'' snakes like the Burmese python escape from their 
enclosures or are released by their owners after they get too 
big or too expensive to handle.
    Interior Secretary Ken Salazar announced on January 17, 
2012, that the U.S. Fish and Wildlife Service had finalized a 
rule that bans the importation and interstate transport of four 
nonnative constrictor snakes, including the Burmese python, the 
yellow anaconda, and the northern and southern African 
python.\1\ H.R. 511 includes these four species and five 
additional threatening species.
---------------------------------------------------------------------------
    \1\http://us.vocuspr.com/Newsroom/
Query.aspx?SiteName=FWS&Entity=PRAsset&SF_PRAss
et_PRAssetID_EQ=129313&XSL=PressRelease&Cache=True.
---------------------------------------------------------------------------
    According to a 2009 U.S. Geological Survey report, which 
established a risk assessment for these nine large species of 
snakes, ``[t]he giant constrictors differ in the degree to 
which they are presently in the pet trade. In the last 30 
years, over 1 million of these snakes have been imported into 
the United States, of which about 60 percent were Boa 
Constrictors. Other important imports are Indian Pythons 
(300,000), Reticulated Pythons (150,000), Northern/Southern 
African pythons (33,000), and Green Anacondas (13,000). The 
least traded species among those documented is the Yellow 
Anaconda, which has been imported in small numbers (/pubs.usgs.gov/of/2009/1202/pdf/OF09-1202.pdf.
---------------------------------------------------------------------------
    In July 2009, a 9-foot pet Burmese python escaped its 
aquarium encasement inside of a home and strangled a 2-year-old 
girl in her bedroom. In October 2011, workers captured a 16-
foot python that had swallowed a 76-pound deer. According to 
media reports, at least 13 other people have been killed by 
``pet'' pythons since 1980.
    The release or escape of these animals can have disastrous 
effect on both animals and humans alike. On February 7, 2012, 
the Orlando Sentinel reported ``native mammal species are 
disappearing--or are already gone--from areas in the River of 
Grass infested by the giant Southeast Asian snakes. Sightings 
of bobcats were down more than 87 percent from a decade 
earlier; deer sightings fell 94 percent; raccoon and opossum 
sightings plunged 99 percent; and marsh rabbits and foxes 
simply weren't found. The snakes also are devouring other 
animals, from birds to alligators.''\3\
---------------------------------------------------------------------------
    \3\http://www.orlandosentinel.com/news/opinion/os-ed-everglades-
python-invasion-020712-2012
0206,0,2152090.story.
---------------------------------------------------------------------------

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
511.

                        Committee Consideration

    On February 28, 2012, the Committee met in open session and 
ordered the bill H.R. 511 favorably reported with an amendment, 
by voice vote, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that there 
was one recorded votes during the Committee's consideration of 
H.R. 511.
    1. An amendment to change the requisite knowledge to be 
proven for conviction of the crime. Amendment #2 by Mr. Gohmert 
(R-TX) failed 11-17.

                                                 ROLLCALL NO. 1
----------------------------------------------------------------------------------------------------------------
                                                                       Ayes            Nays           Present
----------------------------------------------------------------------------------------------------------------
Mr. Smith, Chairman.............................................                              X
Mr. Sensenbrenner, Jr...........................................
Mr. Coble.......................................................              X
Mr. Gallegly....................................................
Mr. Goodlatte...................................................              X
Mr. Lungren.....................................................              X
Mr. Chabot......................................................              X
Mr. Issa........................................................
Mr. Pence.......................................................
Mr. Forbes......................................................
Mr. King........................................................              X
Mr. Franks......................................................              X
Mr. Gohmert.....................................................              X
Mr. Jordan......................................................              X
Mr. Poe.........................................................              X
Mr. Chaffetz....................................................                              X
Mr. Griffin.....................................................                              X
Mr. Marino......................................................
Mr. Gowdy.......................................................                              X
Mr. Ross........................................................                              X
Ms. Adams.......................................................                              X
Mr. Quayle......................................................              X
Mr. Amodei......................................................
Mr. Conyers, Jr., Ranking Member................................                              X
Mr. Berman......................................................                              X
Mr. Nadler......................................................
Mr. Scott.......................................................              X
Mr. Watt........................................................                              X
Ms. Lofgren.....................................................                              X
Ms. Jackson Lee.................................................
Ms. Waters......................................................                              X
Mr. Cohen.......................................................                              X
Mr. Johnson, Jr.................................................
Mr. Pierluisi...................................................                              X
Mr. Quigley.....................................................                              X
Ms. Chu.........................................................                              X
Mr. Deutch......................................................                              X
Ms. Sanchez.....................................................                              X
Mr. Polis.......................................................
                                                                 -----------------------------------------------
    Total.......................................................             11              17
----------------------------------------------------------------------------------------------------------------

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 511, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 14, 2012.
Hon. Lamar Smith, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 511, a bill to 
amend title 18, United States Code, to prohibit the importation 
of various injurious species of constrictor snakes.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                      Douglas W. Elmendorf,
                                                  Director.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member

H.R. 511--a bill to amend title 18, United States Code, to prohibit the 
    importation of various injurious species of constrictor snakes.

      As ordered reported by the House Committee on the Judiciary 
                         on February 28, 2012.

    H.R. 511 would make it a Federal crime to import or ship 
certain snakes into the United States; the bill would exempt 
state fish and wildlife agencies and exhibitors from its 
provisions. Because the legislation would establish a new 
offense, the government would be able to pursue cases that it 
otherwise would not be able to prosecute. We expect that H.R. 
511 would apply to a relatively small number of offenders, so 
any increase in costs for law enforcement, court proceedings, 
or prison operations would not be significant. Any such costs 
would be subject to the availability of appropriated funds.
    CBO estimates that implementing H.R. 511 would have no 
significant cost to the Federal Government. Enacting the bill 
could affect direct spending and revenues; therefore, pay-as-
you-go procedures apply.
    Because those prosecuted and convicted under H.R. 511 could 
be subject to criminal fines, the Federal Government might 
collect additional fines if the legislation is enacted. 
Criminal fines are recorded as revenues, deposited in the Crime 
Victims Fund, and later spent. CBO expects that any additional 
revenues and direct spending would not be significant because 
of the small number of cases likely to be affected.
    Under H.R. 511, entities such as zoos would need permits to 
import or transport the affected species of snakes. Based on 
information provided by the U.S. Fish and Wildlife Service 
(USFWS), which issues permits for such activities, CBO 
estimates that enacting the bill could result in an increase in 
offsetting collections (for permits) and associated spending. 
We estimate that such increases would be minimal, however, and 
would offset each other in most years, resulting in no 
significant net cost.
    By prohibiting the importation and interstate transport of 
several species of python, anaconda, and boa constrictor 
without a permit from USFWS, the bill would impose 
intergovernmental and private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA). State fish and wildlife 
agencies and entities that exhibit those species to the public 
for compensation would be exempt from the prohibition.
    The cost to public and private entities that need and are 
eligible for permits, such as medical facilities or research 
centers, would be the expense of obtaining those permits. Fees 
for private entities would be $25 or $100 depending on the 
activity being authorized. (USFWS regulations prohibit the 
agency from charging permit fees to state, local, or tribal 
entities.) The cost of the mandate to entities who would not be 
eligible for a permit, including private importers, breeders, 
retailers, shippers, and owners of those snakes, would be the 
forgone net income from no longer being able to sell or 
transport the animals across state lines. According to the 
USFWS, exporting those species of snakes would be allowed; 
however, only from ports designated by the USFWS.
    Based on information about the cost of permits from the 
USFWS and information gathered from individuals in the industry 
about the value of shipments, sales, and imports of species 
covered by the legislation, CBO estimates that the direct costs 
of the mandates would fall below the annual thresholds 
established in UMRA for intergovernmental and private-sector 
mandates ($73 million and $146 million in 2012, respectively, 
adjusted annually for inflation).

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
511 amends the Federal criminal code to expand the prohibition 
against the importation into or shipment within the United 
States, or its territories and possessions, of any injurious 
animals to include additional species of snakes.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 511 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
Sec. 1: Importation or Shipment of Injurious Species
    Section 1 prohibits the importation and shipment of various 
injurious species of constrictor snakes.

         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, existing law in which no change 
is proposed is shown in roman):

                      TITLE 18, UNITED STATES CODE

           *       *       *       *       *       *       *
PART I--CRIMES

           *       *       *       *       *       *       *

CHAPTER 3--ANIMALS, BIRDS, FISH, AND PLANTS

           *       *       *       *       *       *       *

Sec. 42. Importation or shipment of injurious mammals, birds, fish 
                    (including mollusks and crustacea), amphibia, and 
                    reptiles; permits, specimens for museums; 
                    regulations

    (a)(1) The importation into the United States, any 
territory of the United States, the District of Columbia, the 
Commonwealth of Puerto Rico, or any possession of the United 
States, or any shipment between the continental United States, 
the District of Columbia, Hawaii, the Commonwealth of Puerto 
Rico, or any possession of the United States, of the mongoose 
of the species Herpestes auropunctatus; of the species of so-
called ``flying foxes'' or fruit bats of the genus Pteropus; of 
the zebra mussel of the species Dreissena polymorpha; of the 
Indian python of the species Python molurus, including the 
Burmese python of the species Python molurus bivittatus; of the 
reticulated python of the species Broghammerus reticulatus or 
Python reticulatus; of the Northern African python of the 
species Python sebae; of the Southern African python of the 
species Python natalensis; of the boa constrictor of the 
species Boa constrictor; of the yellow anaconda of the species 
Eunectes notaeus; of the DeSchauensee's anaconda of the species 
Eunectes deschauenseei; of the green anaconda of the species 
Eunectes murinus; of the Beni anaconda of the species Eunectes 
beniensis; of the bighead carp of the species 
Hypophthalmichthys nobilis; and such other species of wild 
mammals, wild birds, fish (including mollusks and crustacea), 
amphibians, reptiles, brown tree snakes, or the offspring or 
eggs of any of the foregoing which the Secretary of the 
Interior may prescribe by regulation to be injurious to human 
beings, to the interests of agriculture, horticulture, 
forestry, or to wildlife or the wildlife resources of the 
United States, is hereby prohibited. All such prohibited 
mammals, birds, fish (including mollusks and crustacea), 
amphibians, and reptiles, and the eggs or offspring therefrom, 
shall be promptly exported or destroyed at the expense of the 
importer or consignee. Nothing in this section shall be 
construed to repeal or modify any provision of the Public 
Health Service Act or Federal Food, Drug, and Cosmetic Act. 
Also, this section shall not authorize any action with respect 
to the importation of any plant pest as defined in the Federal 
Plant Pest Act, insofar as such importation is subject to 
regulation under that Act.

           *       *       *       *       *       *       *

    (b) [Whoever violates] Whoever knowingly violates this 
section, or any regulation issued pursuant thereto, shall be 
fined under this title or imprisoned not more than six months, 
or both.

           *       *       *       *       *       *       *

    (d)(1) Subsection (a)(1) shall not apply to a State fish 
and wildlife agency or an exhibitor in the case of the 
importation or shipment of--
            (A) the Indian python of the species Python 
        molurus, including the Burmese python of the species 
        Python molurus bivittatus;
            (B) the reticulated python of the species 
        Broghammerus reticulatus or Python reticulatus;
            (C) the Northern African python of the species 
        Python sebae;
            (D) the Southern African python of the species 
        Python natalensis;
            (E) the boa constrictor of the species Boa 
        constrictor;
            (F) the yellow anaconda of the species Eunectes 
        notaeus;
            (G) the DeSchauensee's anaconda of the species 
        Eunectes deschauenseei;
            (H) the green anaconda of the species Eunectes 
        murinus; or
            (I) the Beni anaconda of the species Eunectes 
        beniensis.
    (2) For purposes of this subsection--
            (A) the term ``exhibitor'' has the meaning given 
        such term in section 1.1 of title 9, Code of Federal 
        Regulations (as in effect on January 1, 2012); and
            (B) the term ``State fish and wildlife agency'' has 
        the meaning given such term in section 80.1 of title 
        50, Code of Federal Regulations (as in effect on 
        January 1, 2012).

           *       *       *       *       *       *       *

                                  
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