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