119-hr3456

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3456 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 3456

 To amend the Animal Welfare Act to prohibit keeping elephants in 
 captivity at zoological parks or safari parks, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 May 15, 2025

 Ms. Malliotakis introduced the following bill; which was referred to 
 the Committee on Agriculture

_______________________________________________________________________

 A BILL

 To amend the Animal Welfare Act to prohibit keeping elephants in 
 captivity at zoological parks or safari parks, 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 ``Captivity of Helpless Elephants 
Reduction Act of 2025'' or the ``CHER Act of 2025''.

SEC. 2. FINDINGS; PURPOSE.

    (a) 

=== Findings ===
-Congress finds the following:

    (1) Elephants live in a matriarchal hierarchy where a lead 
 female leads a large herd in the wild and migrates, traveling 
 hundreds of miles every year. African and Asian elephants have 
 been demonstrated to possess, amongst other things, intentional 
 communication and learning, memory, and categorization 
 abilities. An Emory University experiment showed that a female 
 elephant seemed to recognize herself in a mirror, a result 
 attributed to self-awareness only seen otherwise in humans, 
 dolphins, and chimpanzees.

    (2) Captivity does not provide for the needs of normal 
 elephant behavior and reproduction. As a result, captive 
 elephants suffer both physical and emotional trauma including 
 hernias, arthritis, mental degradation, and high calf 
 mortality. The average lifespan of a captive elephant is 17 
 years; in the wild, elephants can live for 50 years or more.

    (3) It is estimated that the cost of caring for an elephant 
 in captivity can be up to $100,000 per year. In 2004, the 
 Detroit Zoo became the first major American zoo to shut down 
 its elephant exhibit on ethical grounds. In 2006, the Bronx Zoo 
 announced that it would close its exhibit once its three 
 elephants died. Since the early 1990s, more than 22 zoos have 
 shut down their elephant exhibits or announced that they were 
 phasing them out, including those in Seattle, San Francisco, 
 and Chicago.

    (4) The United Kingdom phased out all circuses featuring 
 wild animal performances by 2020 and announced its intention to 
 ban the captivity of elephants in zoos and safari parks. Dozens 
 of other countries around the world have similar prohibitions, 
 including Austria, Greece, Israel, Mexico, Peru, and Singapore. 
 India bans the keeping of elephants in circuses and zoos.

    (b) 

=== Purpose ===
-The purpose of this Act is to ban the display, 
husbandry, and breeding of African elephants and Asian elephants in 
zoological parks and safari parks in the United States and transfer 
existing African elephants and Asian elephants in zoological parks and 
safari parks to authorized wildlife sanctuaries.

SEC. 3. PROHIBITION ON ELEPHANT CAPTIVITY.

 The Animal Welfare Act (7 U.S.C. 2131 et seq.) is amended by adding 
at the end the following:

``

SEC. 30. PROHIBITION ON ELEPHANT CAPTIVITY.

 ``

    (a) In General.--An exhibitor that is a safari park or zoological 
park may not exhibit, house, manage, or breed an African elephant or an 
Asian elephant after the date that is 1 year after the date of the 
enactment of this section, except to complete a transfer of an African 
elephant or an Asian elephant pursuant to subsection

    (b) .
 ``

    (b) Transfer to Authorized Wildlife Sanctuaries.--The Secretary 
shall require each exhibitor that is a safari park or zoological park 
that exhibits, houses, manages, or breeds an African elephant or an 
Asian elephant as of the date of the enactment of this section to 
transfer such African elephant or Asian elephant to an authorized 
wildlife sanctuary not later than 3 years after the date of the 
enactment of this section.
 ``
            (c) === Definitions. ===
-In this section:
 ``

    (1) African elephant.--The term `African elephant' has 
 the meaning given the term in 

section 2305 of the African 
 Elephant Conservation Act (16 U.S.C. 4244).
 ``

    (2) Authorized wildlife sanctuary.--The term `authorized 
 wildlife sanctuary' means a nonprofit facility that--
 ``
        (A) is accredited by the Global Federation of 
 Animal Sanctuaries or a similar body;
 ``
        (B) is dedicated to the lifelong care of 
 elephants;
 ``
            (C) does not--
 ``
            (i) breed animals;
 ``
            (ii) exhibit animals for profit; or
 ``
            (iii) use animals for public 
 entertainment; and
 ``
            (D) meets the standards promulgated under this 
 Act for--
 ``
            (i) space;
 ``
            (ii) veterinary care; and
 ``
            (iii) naturalistic environments.
 ``

    (3) Safari park.--The term `safari park' means a 
 facility, whether publicly or privately owned, that--
 ``
        (A) houses animals in large enclosures for public 
 viewing; and
 ``
        (B) allows visitors to drive through or observe 
 animals in a simulated natural environment.
 ``

    (4) Zoological park.--The term `zoological park'--
 ``
        (A) means a facility, whether publicly or 
 privately owned, that exhibits live animals to the 
 public for educational or entertainment purposes; and
 ``
        (B) includes zoos and aquariums.''.

SEC. 4. IMPLEMENTATION AND SUPPORT.

    (a) Feasibility Study.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall conduct a study to assess 
the feasibility of transferring African elephants and Asian elephants 
to authorized wildlife sanctuaries, including capacity, costs, and 
logistics.

    (b) Grant Program.--The Secretary may establish a grant program to 
support the accommodation by authorized wildlife sanctuaries of African 
elephants and Asian elephants transferred to such authorized wildlife 
sanctuaries pursuant to 

section 30 of the Animal Welfare Act (as added 
by this Act).
            (c) Public Education.--The Secretary shall develop materials to 
educate the public about the welfare benefits of prohibiting the 
captivity of African elephants and Asian elephants.
            (d) === Definitions. ===
-In this section:

    (1) African elephant.--The term ``African elephant'' has 
 the meaning given the term in 

section 2305 of the African 
 Elephant Conservation Act (16 U.S.C. 4244).

    (2) Authorized wildlife sanctuary.--The term ``authorized 
 wildlife sanctuary'' has the meaning given the term in 

section 30 of the Animal Welfare Act (as added by this Act).

    (3) Secretary.--The term ``Secretary'' means the Secretary 
 of Agriculture.
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