[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4933 Referred in Senate (RFS)]
2d Session
H. R. 4933
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 1 (legislative day, March 13), 2008
Received; read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
AN ACT
To amend the Lacey Act Amendments of 1981 to protect captive wildlife
and to make technical corrections, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Captive Wildlife Safety Technical
Amendments Act of 2008''.
SEC. 2. CAPTIVE WILDLIFE SAFETY AMENDMENTS.
(a) Prohibited Acts.--Section 3 of the Lacey Act Amendments of 1981
(16 U.S.C. 3372) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A), by inserting ``or'' after
the semicolon;
(B) in subparagraph (B), by striking ``; or'' and
inserting a semicolon; and
(C) by striking subparagraph (C); and
(2) in subsection (e)--
(A) by redesignating paragraphs (2), (3), (4), and
(5) as paragraphs (3), (4), (5), and (6) respectively;
and
(B) by striking ``(e)'' and all that follows
through ``Subsection (a)(2)(C)'' in paragraph (1) and
inserting the following:
``(e) Captive Wildlife Offenses.--
``(1) In general.--It is unlawful for any person--
``(A) to import, export, transport, sell, receive,
acquire, or purchase in interstate or foreign commerce
any live animal of any prohibited wildlife species; or
``(B) to attempt to commit any act described in
subparagraph (A).
``(2) Nonapplicability.--This subsection'';
(C) in paragraph (2) (as redesignated by
subparagraph (A))--
(i) by striking ``a'' before ``prohibited''
and inserting ``any'';
(ii) by striking ``(3)'' and inserting
``(4)''; and
(iii) by striking ``(2)'' and inserting
``(3)'';
(D) in paragraph (3) (as redesignated by
subparagraph (A))--
(i) in subparagraph (C)--
(I) in clauses (ii) and (iii), by
striking ``animals listed in section
2(g)'' each place it appears and
inserting ``prohibited wildlife
species''; and
(II) in clause (iv), by striking
``animals'' and inserting ``prohibited
wildlife species''; and
(ii) in subparagraph (D)--
(I) by striking ``the animal'' the
first place it appears and inserting
``an animal of any prohibited wildlife
species''; and
(II) by striking ``the animal'' the
second place it appears and inserting
``that animal'';
(E) in paragraph (4) (as redesignated by
subparagraph (A)), by striking ``(2)'' and inserting
``(3)'';
(F) in paragraph (6) (as redesignated by
subparagraph (A))--
(i) by striking ``subsection (a)(2)(C)''
and inserting ``this subsection''; and
(ii) by striking ``fiscal years 2004
through 2008'' and inserting ``fiscal years
2009 through 2013''; and
(G) by inserting after paragraph (6) (as
redesignated by subparagraph (A)) the following:
``(7) Application.--This subsection shall apply beginning
on the effective date of regulations promulgated under this
subsection.''.
(b) Civil Penalties.--Section 4(a) of the Lacey Act Amendments of
1981 (16 U.S.C. 3373(a)) is amended--
(1) in paragraph (1), by striking ``subsections (b) and
(d)'' and inserting ``subsections (b), (d), and (e)''; and
(2) in paragraph (1), by striking ``section 3(d)'' and
inserting ``subsection (d) or (e) of section 3''.
(c) Criminal Penalties.--Section 4(d) of the Lacey Act Amendments
of 1981 (16 U.S.C. 3373(d)) is amended--
(1) in paragraphs (1)(A) and (1)(B) and in the first
sentence of paragraph (2), by striking ``subsections (b) and
(d)'' each place it appears and inserting ``subsections (b),
(d), and (e)''; and
(2) in paragraph (3), by striking ``section 3(d)'' and
inserting ``subsection (d) or (e) of section 3''.
(d) Correction of Prior Amendment.--
(1) Correction.--Section 102(c) of Public Law 100-653 (102
Stat. 3826) is amended by striking ``section 3(b)'' and
inserting ``subsection 3(b)''.
(2) Effective date.--This subsection shall take effect upon
enactment of Public Law 100-653.
SEC. 3. APPLICABILITY PROVISION AMENDMENT.
Section 3 of the Captive Wildlife Safety Act (117 Stat. 2871;
Public Law 108-191) is amended--
(1) in subsection (a), by striking ``(a) In General.--
Section 3'' and inserting ``Section 3''; and
(2) by striking subsection (b).
Passed the House of Representatives March 31, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.