19–006 

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: 


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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, 


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1http://us.vocuspr.com/Newsroom/Query.aspx?SiteName=FWS&Entity=PRAsset&SFlPRAss 

etlPRAssetIDlEQ=129313&XSL=PressRelease&Cache=True. 

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. 

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 

(<2000), but this species has still turned up at several localities in 

or near Big Cypress National Preserve, Florida. These totals are 

documented imports, to which must be added an unknown number 

of imports not ascribed to any particular python species, and sales 

of domestically produced giant constrictors. Domestic production is 

undocumented, but believed to be greatest for Reticulated and Burmese Pythons. For Burmese Pythons in particular, the domestic 


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2http://pubs.usgs.gov/of/2009/1202/pdf/OF09–1202.pdf. 

3http://www.orlandosentinel.com/news/opinion/os-ed-everglades-python-invasion-020712–2012 

0206,0,2152090.story. 

production is judged to be as large as or larger than importation.’’ 2

The report also noted that the only probable way these species become established in the United States is through the pet trade. 

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

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 (RTX) 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 


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ROLLCALL NO. 1—Continued 

Ayes Nays Present 

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. Sa ́ nchez ......................................................... 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: 


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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 


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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. 


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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 

* * * * * * * 

§ 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 


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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) øWhoever 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). 

* * * * * * * 

Æ 


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