text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Big Cat Public Safety Act of 2016''.
  
  SEC. 2. FINDINGS.
  
      Congress finds that--
              (1) as of February 2016--
                      (A) the global illicit trade in wildlife is 
                  estimated to be worth up to $20,000,000,000 annually; 
                  and
                      (B) the legal wildlife trade in the United States 
                  was estimated to have a value of $2,800,000,000 
                  annually;
              (2) the illegal trade in prohibited wildlife species (as 
          defined in section 2 of the Lacey Act Amendments of 1981 (16 
          U.S.C. 3371)) stimulates demand and expands markets in which 
          prohibited wildlife species are sold illegally;
              (3) private possession, breeding, and sale of prohibited 
          wildlife species have substantial and detrimental effects on--
                      (A) the health and general welfare of the people of 
                  the United States; and
                      (B) the conservation of the prohibited wildlife 
                  species;
              (4) the private possession and breeding of prohibited 
          wildlife species has a substantial and direct effect on 
          interstate commerce because prohibited wildlife species are 
          often--
                      (A) bred and possessed--
                              (i) for use in public exhibition; or
                              (ii) for sale or transfer of ownership in 
                          the exotic pet trade; and
                      (B) transported in interstate commerce for the 
                  activities described in subparagraph (A);
              (5) the private possession and breeding of prohibited 
          wildlife species contributes to interstate trafficking in 
          prohibited wildlife species and may contribute to the 
          international illegal trade in prohibited wildlife species;
              (6) prohibited wildlife species in private possession and 
          prohibited wildlife species that are subject to intrastate 
          distribution are fungible commodities that cannot be 
          differentiated, for purposes of control, from prohibited 
          wildlife species that are subject to interstate distribution;
              (7) it is exceedingly difficult to distinguish between--
                      (A) prohibited wildlife species that have been 
                  possessed, bred, sold, or transported in interstate 
                  commerce; and
                      (B) prohibited wildlife species that have not been 
                  possessed, bred, sold, or transported in interstate 
                  commerce;
              (8) Federal control of intrastate private possession and 
          breeding of prohibited wildlife species is essential to the 
          effective control of interstate trafficking in prohibited 
          wildlife species; and
              (9) the United States is a party to the Convention on 
          International Trade in Endangered Species of Wild Fauna and 
          Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 
          8249), which was designed to protect species of wild fauna and 
          flora from exploitation through international trade.
  
  SEC. 3. DEFINITIONS.
  
      (a) In General.--Section 2 of the Lacey Act Amendments of 1981 (16 
  U.S.C. 3371) is amended--
              (1) by redesignating subsections (a) through (k) as 
          subsections (b) through (l), respectively; and
              (2) by inserting before subsection (b) (as so redesignated) 
          the following:
      ``(a) Breed.--The term `breed' means to intentionally or 
  negligently--
              ``(1) facilitate propagation or reproduction; or
              ``(2) fail to prevent propagation or reproduction.''.
      (b) Conforming Amendments.--
              (1) Consolidated farm and rural development act.--Section 
          349(a)(3) of the Consolidated Farm and Rural Development Act (7 
          U.S.C. 1997(a)(3)) is amended by striking ``section 2(a)'' and 
          inserting ``section 2(b)''.
              (2) Lacey act amendments of 1981.--
                      (A) Section 3(e)(2)(C) of the Lacey Act Amendments 
                  of 1981 (16 U.S.C. 3372(e)(2)(C)) is amended--
                              (i) in clause (ii), by striking ``section 
                          2(g)'' and inserting ``section 2(h)''; and
                              (ii) in clause (iii), by striking ``section 
                          2(g)'' and inserting ``section 2(h)''.
                      (B) Section 7(c) of the Lacey Act Amendments of 
                  1981 (16 U.S.C. 3376(c)) is amended by striking 
                  ``section 2(f)(2)(A)'' and inserting ``section 
                  2(g)(2)(A)''.
  
  SEC. 4. PROHIBITIONS.
  
      Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is 
  amended--
              (1) in subsection (a) --
                      (A) in paragraph (2)--
                              (i) in subparagraph (A), by striking the 
                          semicolon at the end and inserting ``; or'';
                              (ii) in subparagraph (B)(iii), by striking 
                          ``; or'' and inserting a semicolon; and
                              (iii) by striking subparagraph (C); and
                      (B) in paragraph (4), by striking ``in paragraphs 
                  (1) through (3).'' and inserting ``in--
                      ``(A) paragraphs (1) through (3); or
                      ``(B) subsection (e).'';
              (2) by striking subsection (e) and inserting the following:
      ``(e) Captive Wildlife Offense.--
              ``(1) In general.--It is unlawful for any person--
                      ``(A) to import, export, transport, sell, receive, 
                  acquire, or purchase a live animal of any prohibited 
                  wildlife species--
                              ``(i) in interstate or foreign commerce; or
                              ``(ii) in a manner substantially affecting 
                          interstate or foreign commerce; or
                      ``(B) to breed or possess a live animal of any 
                  prohibited wildlife species.
              ``(2) Limitation on application.--Paragraph (1) does not 
          apply to any person that--
                      ``(A) is an institution accredited by the 
                  Association of Zoos and Aquariums;
                      ``(B) is a facility that--
                              ``(i) has an active written contract with 
                          an Association of Zoos and Aquariums Species 
                          Survival Plan or Taxon Advisory Group for the 
                          breeding of prohibited wildlife species; and
                              ``(ii) does not breed, acquire, or sell 
                          prohibited wildlife species other than the 
                          prohibited wildlife species covered by a 
                          contract described in clause (i);
                      ``(C) is a State college, university, or agency, or 
                  State-licensed veterinarian;
                      ``(D)(i) is a wildlife sanctuary that cares for 
                  prohibited wildlife species;
                      ``(ii) is a corporation that--
                              ``(I) is exempt from taxation under section 
                          501(a) of the Internal Revenue Code of 1986; 
                          and
                              ``(II) is described in sections 501(c)(3) 
                          and 170(b)(1)(A)(vi) of that Code;
                      ``(iii) does not commercially trade in prohibited 
                  wildlife species, including offspring, parts, and 
                  byproducts of prohibited wildlife species;
                      ``(iv) does not breed the prohibited wildlife 
                  species;
                      ``(v) does not allow direct contact between the 
                  public and prohibited wildlife species; and
                      ``(vi) does not allow the transportation and 
                  display of prohibited wildlife species off-site;
                      ``(E) has custody of the 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 
                  prohibited wildlife species;
                      ``(F)(i) is in possession of a prohibited wildlife 
                  species that was born before the date of enactment of 
                  the Big Cat Public Safety Act of 2016;
                      ``(ii) not later than 180 days after the date of 
                  enactment of the Big Cat Public Safety Act of 2016, is 
                  registered with the Animal and Plant Health Inspection 
                  Service;
                      ``(iii) does not breed, acquire, or sell any 
                  prohibited wildlife species after the date of enactment 
                  of that Act; and
                      ``(iv) does not allow direct contact between the 
                  public and prohibited wildlife species; or
                      ``(G)(i) holds a valid Class C license under the 
                  Animal Welfare Act (7 U.S.C. 2131 et seq.);
                      ``(ii) regularly travels across State lines to 
                  conduct circus performances featuring live prohibited 
                  wildlife species, clowns, and aerial acts;
                      ``(iii) engaged in the travel and conduct described 
                  in clause (ii) before January 1, 2015; and
                      ``(iv) does not allow direct contact between the 
                  public and prohibited wildlife species.''.
  
  SEC. 5. PENALTIES.
  
      (a) Civil Penalties.--Section 4(a)(1) of the Lacey Act Amendments 
  of 1981 (16 U.S.C. 3373(a)(1)) is amended--
              (1) by striking ``other than subsections (b), (d),'' and 
          inserting ``other than subsections (b), (d), (e),''; and
              (2) by striking ``violates subsection (d)'' and inserting 
          ``violates subsection (d), (e),''.
      (b) Criminal Penalties.--Section 4(d)(1) of the Lacey Act 
  Amendments of 1981 (16 U.S.C. 3373(d)(1)) is amended--
              (1) in subparagraph (A)--
                      (A) by inserting ``(e),'' after ``(d),''; and
                      (B) by striking ``or'' after the comma at the end;
              (2) in subparagraph (B)--
                      (A) by inserting ``(e),'' after ``(d),''; and
                      (B) by adding ``or'' after the comma at the end; 
                  and
              (3) by inserting after subparagraph (B) the following:
                      ``(C) knowingly violates section 3(e),''; and
              (4) in the undesignated matter following subparagraph (C) 
          (as added by paragraph (3))--
                      (A) by striking ``knowing that'' and all that 
                  follows through ``treaty or regulation,''; and
                      (B) in the second sentence, by striking ``said fish 
                  or wildlife or plants'' and inserting ``fish or 
                  wildlife, plants, or prohibited wildlife species 
                  concerned''.
  
  SEC. 6. FORFEITURE OF PROHIBITED WILDLIFE SPECIES.
  
      Section 5(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 
  3374(a)(1)) is amended--
              (1) by striking ``or plants'' and inserting ``, plants, or 
          prohibited wildlife species bred, possessed,'';
              (2) by striking ``of this Act (other than subsection 
          3(b))'' and inserting ``(other than subsection (b) of that 
          section)''; and
              (3) by striking ``of this Act.'' and inserting a period.
  
  SEC. 7. ADMINISTRATION.
  
      Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 
  3376(a)) is amended by adding at the end the following:
              ``(3) The Secretary, in consultation with other relevant 
          Federal and State agencies, shall promulgate any regulations 
          necessary to implement section 3(e).''.
  
  SEC. 8. TECHNICAL CORRECTION.
  
      Section 4(e), and subsections (a) and (b)(2) of section 8, of the 
  Lacey Act Amendments of 1981 (16 U.S.C. 3373(e), 3377) are amended by 
  striking ``Fishery Conservation and Management Act of 1976'' each place 
  it appears and inserting ``Magnuson-Stevens Fishery Conservation and 
  Management Act''.
target: Big Cat Public Safety Act of 2016 This bill amends the Lacey Act Amendments of 1981 to prohibit any person from breeding or possessing any live animal of any prohibited wildlife species (i.e., any live species of lion, tiger, leopard, cheetah, jaguar, or cougar or any hybrid of such species). Breeding means facilitating propagation or reproduction (whether intentionally or negligently), or failing to prevent propagation or reproduction. The bill extends forfeiture provisions to fish, wildlife, or plants that are bred or possessed.  The bill revises the list of entities that are exempt from Lacey Act prohibitions to include:   institutions accredited by the Association of Zoos and Aquariums;   certain facilities that have an active written contract with an Association of Zoos and Aquariums Species Survival Plan or Taxon Advisory Group for breeding prohibited wildlife species;  persons who do not allow the transportation and display of prohibited wildlife species off-site;  current owners of animals that were born before this bill's enactment if the animals are registered with the Animal and Plant Health Inspection Service within 180 days; and  certain traveling circuses that hold Class C licenses under the Animal Welfare Act.  Entities exempt from Lacey Act prohibitions must require that current owners and circuses not allow direct contact between the public and the prohibited wildlife species.
feat_title: Big Cat Public Safety Act of 2016