[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7999 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 7999
To direct the Secretary of the Interior to encourage and incentivize
rescue, rehabilitation, and appropriate reintroduction of threatened
and endangered animals by establishing a Wildlife Confiscations
Network, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 15, 2024
Mr. Garbarino (for himself and Mr. Quigley) introduced the following
bill; which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To direct the Secretary of the Interior to encourage and incentivize
rescue, rehabilitation, and appropriate reintroduction of threatened
and endangered animals by establishing a Wildlife Confiscations
Network, 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 ``Wildlife Rescue, Rehabilitation, and
Reintroduction Act of 2024''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) accredited zoos, aquariums, science centers, wildlife
sanctuaries, and similar facilities play invaluable roles in
the rescue, rehabilitation, and reintroduction of threatened
and endangered species of animals; and
(2) to the maximum extent possible, such activities,
including the educational display and interpretation of such
species, should be encouraged, facilitated, and incentivized.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration, acting through the Director of the National
Marine Fisheries Service.
(2) Appropriate secretary.--The term ``appropriate
Secretary'' means--
(A) the Secretary, with respect to a zoo, aquarium,
science center, wildlife sanctuary, or similar facility
that cares for animal species over which the Director
of the United States Fish and Wildlife Service has
jurisdiction;
(B) the Secretary of Commerce, acting through the
Administrator, with respect to a zoo, aquarium, science
center, wildlife sanctuary, or similar facility that
cares for animal species over which the Administrator
has jurisdiction; and
(C) the Secretary and the Secretary of Commerce,
acting through the Administrator, acting jointly with
respect to a zoo, aquarium, science center, wildlife
sanctuary, or similar facility that cares for animal
species described in both of subparagraphs (A) and (B).
(3) Association.--The term ``Association'' means the
Association of Zoos and Aquariums.
(4) CITES species.--The term ``CITES species'' means an
animal species that is listed in one of the Appendices of the
Convention on International Trade in Endangered Species of Wild
Fauna and Flora.
(5) Committee.--The term ``Committee'' means the committee
established under section 6(b)(3).
(6) Confiscated animal.--The term ``confiscated animal''
means an individual of a CITES species or a threatened or
endangered species that is--
(A) seized at or en route to or from a port or
border of the United States; and
(B) placed at a qualified zoological facility to
provide general animal care and welfare to such
individual.
(7) Conservation recovery species.--The term ``conservation
recovery species'' means a population of a threatened or
endangered species that is cared for by a qualified zoological
facility--
(A) for non-commercial purposes; and
(B) in direct support of recovery and
reintroduction efforts of a Federal agency for such
threatened or endangered species.
(8) Network.--The term ``Network'' means the Wildlife
Confiscations Network established under section 6(a).
(9) Qualified zoological facility.--The term ``qualified
zoological facility'' means a zoo, aquarium, science center,
wildlife sanctuary, or similar facility--
(A) that, as of the date of the enactment of this
Act, provides care to an individual of a conservation
recovery species;
(B) with which the appropriate Secretary has placed
a rescued animal within the 5 years preceding the date
of the enactment of this Act; or
(C) designated as such by the appropriate Secretary
under section 4.
(10) Rescued animal.--The term ``rescued animal''--
(A) means an individual of a threatened or
endangered species that--
(i) is native to the United States; and
(ii) is removed from the wild because of
injury, or threats or impending effects due to
natural or human-induced activities, including
such an individual that is removed from the
wild by, or at the request of, a Federal,
State, or Tribal agency; and
(B) does not include an individual of any species
of sea turtle.
(11) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Fish and Wildlife Service.
(12) Threatened or endangered species.--The term
``threatened or endangered species'' means an animal species
that is listed under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.)--
(A) as a threatened species; or
(B) as an endangered species.
SEC. 4. DESIGNATION OF QUALIFIED ZOOLOGICAL FACILITIES.
The appropriate Secretary shall designate as a qualified zoological
facility each zoo, aquarium, science center, wildlife sanctuary, or
similar facility that, as determined by the appropriate Secretary--
(1) has an established record of providing exemplary care
to--
(A) confiscated animals;
(B) rescued animals; or
(C) individuals of a conservation recovery species;
and
(2) follows accepted practices in animal husbandry,
including--
(A) compliance with the Animal Welfare Act (7
U.S.C. 2131 et seq.);
(B) appropriate licensing and permitting; and
(C) adherence to industry standards.
SEC. 5. RESCUE AND RECOVERY GRANT PROGRAM.
(a) In General.--The Secretary, in consultation with the
Administrator, shall establish a grant program to award amounts and
technical assistance to qualified zoological facilities to support the
care of individuals of a conservation recovery species, rescued
animals, and confiscated animals.
(b) Applications.--To be eligible for a grant under this section, a
qualified zoological facility shall submit to the Secretary an
application in such form, at such time, and containing such information
as the Secretary determines appropriate, including a description of
each eligible activity the qualified zoological facility will carry out
with a grant awarded under this section.
(c) Eligible Activities.--A qualified zoological facility that is
awarded a grant under this section may use such grant to carry out the
following activities with respect to individuals of a conservation
recovery species, rescued animals, or confiscated animals:
(1) Pay expenses related to--
(A) facility costs;
(B) food;
(C) veterinary care, including medicine and life
support systems;
(D) direct animal care staff;
(E) the transportation of an individual of a
conservation recovery species, rescued animal, or
confiscated animal for holding; and
(G) the reintroduction of an individual of a
conservation recovery species, rescued animal, or
confiscated animal into the wild.
(2) Design and construct facilities to support the creation
of a network of facilities qualified to conduct rescue,
recovery, and reintroduction efforts for individuals of a
conservation recovery species, rescued animals, or confiscated
animals.
(3) Develop rescue and rehabilitation technologies and
procedures, especially such technologies and procedures that
are necessary to support the rapid and safe reintroduction of
individuals of a conservation recovery species, rescued
animals, or confiscated animals.
(d) Guidance; Criteria.--The Secretary shall, in consultation with
stakeholders, including public and private entities that are actively
involved in the care, rescue, rehabilitation, and reintroduction of any
threatened or endangered species, issue--
(1) guidance regarding the implementation of the grant
program established under subsection (a); and
(2) criteria to award grants under this section.
(e) Limitation.--The Secretary, in consultation with the
Administrator, may not award a qualified zoological facility more than
$1,000,000 under this section in a fiscal year, except in the event of
an unusual mortality event, as determined by the Secretary in
consultation with the Administrator.
(f) Matching Requirement.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of an activity carried out with a grant awarded
under this section may not exceed 50 percent.
(2) Exceptions.--
(A) Critical activity.--The Federal share of an
activity carried out with a grant awarded under this
section that is related to the development of a
facility, technology, or procedure that is critical for
the rescue and reintroduction of individuals of a
conservation recovery species, rescued animals, or
confiscated animals, as determined by the Secretary,
may not exceed 75 percent.
(B) Waiver of matching requirement.--The Secretary
may waive the application of paragraph (1) in the case
of an unusual mortality event or other declared
emergency, as determined by the Secretary.
(g) Permit for Qualified Zoological Facilities.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall issue a
programmatic permit under section 10 of the Endangered Species
Act of 1973 (16 U.S.C. 1539) authorizing qualified zoological
facilities to conduct rescue, rehabilitation, and
reintroduction efforts for threatened or endangered species
under this section.
(2) Contents.--The permit issued under paragraph (1)--
(A) shall, to the maximum extent possible--
(i) encourage and incentivize the rescue,
rehabilitation, and reintroduction of
threatened or endangered species; and
(ii) encourage and facilitate public
display of rescued animals and the offspring of
such rescued animals in participating qualified
zoological facilities for educational purposes;
and
(B) may not--
(i) regulate normal and accepted husbandry
practices, including breeding;
(ii) prohibit the display of rescued
animals for educational purposes; or
(iii) provide for Federal Government
ownership of a rescued animal, or the offspring
of such a rescued animal, that is placed in a
qualified zoological facility for long-term
care, except for an individual of a
conservation recovery species.
SEC. 6. WILDLIFE CONFISCATIONS NETWORK.
(a) In General.--The Secretary shall enter into an agreement with
the Association to establish a voluntary, cooperative program to assist
Federal wildlife law enforcement agencies with the placement and care
of confiscated animals, to be known as the ``Wildlife Confiscations
Network''.
(b) Functions.--The Network shall--
(1) establish a cooperative and coordinated response
protocol for the care and welfare of confiscated animals;
(2) create and maintain a database of qualified zoological
facilities and other organizations that are members of the
Network that can provide immediate triage needs and long-term
housing and care for confiscated animals;
(3) establish a committee within the Network to review and
approve or reject applications for inclusion in the Network
submitted under subsection (c) by entities listed in paragraph
(1) of that subsection; and
(4) act as the single point of contact for Federal wildlife
law enforcement agencies to assist in the placement and care of
confiscated animals in qualified zoological facilities.
(c) Membership.--
(1) In general.--Each of the following entities may submit
to the Committee an application to join the Network:
(A) Universities with expertise in the care of
confiscated animals.
(B) Wildlife sanctuaries.
(C) Association-accredited zoos.
(D) Association-accredited aquariums.
(E) Animal rescue organizations.
(F) Nongovernmental organizations with expertise in
the care of confiscated animals.
(G) Qualified zoological facilities.
(2) Contents of application.--An application submitted
under paragraph (1) by an entity listed in that paragraph shall
contain information sufficient for the Committee to determine
whether such entity--
(A) has, as determined by the Committee, the
necessary credentials; and
(B) is an effective, responsible, and appropriate
entity that is capable of assisting Federal wildlife
law enforcement agencies in the placement and care of
confiscated animals.
(3) Determination.--The Committee shall review each
application submitted under paragraph (1) and approve or reject
each such application.
(d) Committee.--
(1) Membership.--The Committee shall include 1
representative from each of the following entities:
(A) The Association.
(B) The United States Fish and Wildlife Service.
(C) A university with expertise in the care of
confiscated animals.
(D) A wildlife sanctuary.
(E) An Association-accredited zoo.
(F) An Association-accredited aquarium.
(G) An animal rescue organization.
(H) A nongovernmental organization with expertise
in the care of confiscated animals.
(2) Initial members.--The Association, in consultation with
community stakeholders, including public and private entities
that are actively involved in the care, rescue, rehabilitation,
and reintroduction of any threatened or endangered species,
shall appoint each initial member to the Committee in
accordance with paragraph (1).
(3) Subsequent members.--Except for the appointment of the
initial members of the Committee under paragraph (2), each
member of the Committee shall be elected by a majority vote of
the members of the Committee through a call for service and
application process implemented by the Committee.
(4) Term of membership.--
(A) Initial members.--Of the initial members
appointed to the Committee by the Association under
paragraph (2), as determined by the Association in
consultation with the community stakeholders described
in that paragraph at the time of such appointment--
(i) 2 members shall be appointed for a term
of 1 year;
(ii) 3 members shall be appointed for a
term of 2 years; and
(iii) 3 members shall be appointed for a
term of 3 years.
(B) Subsequent members.--Each member of the
Committee elected under paragraph (3) shall serve on
the Committee for a term of 3 years.
SEC. 7. FUNDING.
The Secretary, in consultation with the Secretaries of Commerce,
Agriculture, and State, shall identify existing authorizations and
appropriations to implement this Act, and not later than 12 months
after the date of the enactment of this Act, shall advise the Committee
on Environment and Public Works in the Senate and the Committee on
Natural Resources in the House if any additional authorizations are
necessary.
SEC. 8. SAVINGS CLAUSE.
Nothing in this Act may be construed to amend or otherwise affect
the John H. Prescott Marine Mammal Rescue and Response Grant Program
established under section 408(b)(1) of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1421f-1(b)(1)).
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