I 

117TH CONGRESS 

1ST SESSION H. R. 211 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 5, 2021 

Mr. MCCLINTOCK introduced the following bill; which was referred to the 

Committee on Natural Resources, and in addition to the Committee on 

the Budget, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Big Cat Public Safety 

5 Act’’. 


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1 SEC. 2. DEFINITIONS. 

2 (a) IN GENERAL.—Section 2 of the Lacey Act 

3 Amendments of 1981 (16 U.S.C. 3371) is amended— 

4 (1) by redesignating subsections (a) through (k) 

5 as subsections (b) through (l), respectively; and 

6 (2) by inserting before subsection (b) (as so re7 designated) the following: 

8 ‘‘(a) BREED.—The term ‘breed’ means to facilitate 

9 propagation or reproduction (whether intentionally or neg10 ligently), or to fail to prevent propagation or reproduc11 tion.’’. 

12 (b) CONFORMING AMENDMENTS.— 

13 (1) CONSOLIDATED FARM AND RURAL DEVEL14 OPMENT ACT.—Section 349(a)(3) of the Consoli15 dated Farm and Rural Development Act (7 U.S.C. 

16 1997(a)(3)) is amended by striking ‘‘section 2(a)’’ 

17 and inserting ‘‘section 2(b)’’. 

18 (2) LACEY ACT AMENDMENTS OF 1981.—Section 

19 7(c) of the Lacey Act Amendments of 1981 (16 

20 U.S.C. 3376(c)) is amended by striking ‘‘section 

21 2(f)(2)(A)’’ and inserting ‘‘section 2(g)(2)(A)’’. 

22 SEC. 3. PROHIBITIONS. 

23 Section 3 of the Lacey Act Amendments of 1981 (16 

24 U.S.C. 3372) is amended— 

25 (1) in subsection (a)— 

26 (A) in paragraph (2)— 


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1 (i) in subparagraph (A), by striking 

2 the semicolon at the end and inserting ‘‘; 

3 or’’; 

4 (ii) in subparagraph (B)(iii), by strik5 ing ‘‘; or’’ and inserting a semicolon; and 

6 (iii) by striking subparagraph (C); 

7 and 

8 (B) in paragraph (4), by striking ‘‘(1) 

9 through (3)’’ and inserting ‘‘(1) through (3) or 

10 subsection (e)’’; and 

11 (2) by amending subsection (e) to read as fol12 lows: 

13 ‘‘(e) CAPTIVE WILDLIFE OFFENSE.— 

14 ‘‘(1) IN GENERAL.—It is unlawful for any per15 son to import, export, transport, sell, receive, ac16 quire, or purchase in interstate or foreign commerce, 

17 or in a manner substantially affecting interstate or 

18 foreign commerce, or to breed or possess, any pro19 hibited wildlife species. 

20 ‘‘(2) LIMITATION ON APPLICATION.—Paragraph 

21 (1) does not apply to— 

22 ‘‘(A) an entity exhibiting animals to the 

23 public under a Class C license from the Depart24 ment of Agriculture, or a Federal facility reg25 istered with the Department of Agriculture that 


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1 exhibits animals, if such entity or facility holds 

2 such license or registration in good standing; 

3 ‘‘(B) a State college, university, or agency, 

4 or a State-licensed veterinarian; 

5 ‘‘(C) a wildlife sanctuary that cares for 

6 prohibited wildlife species, and— 

7 ‘‘(i) is a corporation that is exempt 

8 from taxation under section 501(a) of the 

9 Internal Revenue Code of 1986 and de10 scribed in sections 501(c)(3) and 

11 170(b)(1)(A)(vi) of such Code; 

12 ‘‘(ii) does not commercially trade in 

13 any prohibited wildlife species, including 

14 offspring, parts, and byproducts of such 

15 animals; and 

16 ‘‘(iii) does not breed any prohibited 

17 wildlife species; 

18 ‘‘(D) has custody of any prohibited wildlife 

19 species solely for the purpose of expeditiously 

20 transporting the prohibited wildlife species to a 

21 person described in this paragraph with respect 

22 to the species; or 

23 ‘‘(E) an entity or individual that is in pos24 session of any prohibited wildlife species that 


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1 was born before the date of the enactment of 

2 the Big Cat Public Safety Act, and— 

3 ‘‘(i) not later than 180 days after the 

4 date of the enactment of the such Act, the 

5 entity or individual registers each indi6 vidual animal of each prohibited wildlife 

7 species possessed by the entity or indi8 vidual with the United States Fish and 

9 Wildlife Service; and 

10 ‘‘(ii) does not breed, acquire, or sell 

11 any prohibited wildlife species after the 

12 date of the enactment of such Act.’’. 

13 SEC. 4. PENALTIES. 

14 (a) CIVIL PENALTIES.—Section 4(a)(1) of the Lacey 

15 Act Amendments of 1981 (16 U.S.C. 3373(a)(1)) is 

16 amended— 

17 (1) by inserting ‘‘(e),’’ after ‘‘(d),’’; and 

18 (2) by inserting ‘‘, (e),’’ after ‘‘subsection (d)’’. 

19 (b) CRIMINAL PENALTIES.—Section 4(d) of the 

20 Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)) is 

21 amended— 

22 (1) in paragraph (1)(A), by inserting ‘‘(e),’’ 

23 after ‘‘(d),’’; 

24 (2) in paragraph (1)(B), by inserting ‘‘(e),’’ 

25 after ‘‘(d),’’; 


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1 (3) in paragraph (2), by inserting ‘‘(e),’’ after 

2 ‘‘(d),’’; and 

3 (4) by adding at the end the following: 

4 ‘‘(4) Any person who knowingly violates sub5 section (e) of section 3 shall be fined not more than 

6 $20,000, or imprisoned for not more than five years, 

7 or both. Each violation shall be a separate offense 

8 and the offense is deemed to have been committed 

9 in the district where the violation first occurred, and 

10 in any district in which the defendant may have 

11 taken or been in possession of the prohibited wildlife 

12 species.’’. 

13 SEC. 5. FORFEITURE OF PROHIBITED WILDLIFE SPECIES. 

14 Section 5(a)(1) of the Lacey Act Amendments of 

15 1981 (16 U.S.C. 3374(a)(1)) is amended by inserting 

16 ‘‘bred, possessed,’’ before ‘‘imported, exported,’’. 

17 SEC. 6. ADMINISTRATION. 

18 Section 7(a) of the Lacey Act Amendments of 1981 

19 (16 U.S.C. 3376(a)) is amended by adding at the end the 

20 following: 

21 ‘‘(3) The Secretary shall, in consultation with 

22 other relevant Federal and State agencies, promul23 gate any regulations necessary to implement section 

24 3(e).’’. 


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1 SEC. 7. DETERMINATION OF BUDGETARY EFFECTS. 

2 The budgetary effects of this Act, for the purpose of 

3 complying with the Statutory Pay-As-You-Go Act of 2010, 

4 shall be determined by reference to the latest statement 

5 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

6 Act, submitted for printing in the Congressional Record 

7 by the Chairman of the House Budget Committee, pro8 vided that such statement has been submitted prior to the 

9 vote on passage. 

Æ 


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