H.R. 3456

119 HR 3456 IH: Captivity of Helpless Elephants Reduction Act of 2025
 U.S. House of Representatives
 2025-05-15
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 I  119th CONGRESS  1st Session  H. R. 3456  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.
1.
Short title
This Act may be cited as the   Captivity of Helpless Elephants Reduction Act of 2025   or the   CHER Act of 2025  .
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.
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:
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.
 .
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.