[Congressional Record Volume 149, Number 167 (Tuesday, November 18, 2003)]
[House]
[Pages H11444-H11446]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      CAPTIVE WILDLIFE SAFETY ACT

  Mr. GILCHREST. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1006) to amend the Lacey Act Amendments of 1981 to further 
the conservation of certain wildlife species, as amended.
  The Clerk read as follows:

                               H.R. 1006

       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 ``Captive Wildlife Safety 
     Act''.

     SEC. 2. DEFINITION OF PROHIBITED WILDLIFE SPECIES.

       Section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 
     3371) is amended--
       (1) by redesignating subsections (g) through (j) as 
     subsections (h) through (k), respectively; and
       (2) by inserting after subsection (f) the following:
       ``(g) Prohibited Wildlife Species.--The term `prohibited 
     wildlife species' means any lion, tiger, leopard, cheetah, 
     jaguar, or cougar species, or any hybrid of such a 
     species.''.

     SEC. 3. PROHIBITED ACTS.

       (a) In General.--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 ``, or'' at the end 
     and inserting a semicolon;
       (ii) in subparagraph (B), by inserting ``or'' after the 
     semicolon at the end; and
       (iii) by adding at the end the following:
       ``(C) any live animal of a prohibited wildlife species 
     (subject to subsection (e));'';
       (B) in paragraph (3)(B), by inserting ``or'' after the 
     semicolon at the end; and
       (C) in paragraph (4), by striking ``paragraphs (1) through 
     (4)'' and inserting ``paragraphs (1) through (3)''; and
       (2) by adding at the end the following:
       ``(e) Nonapplicability of Prohibited Wildlife Species 
     Offense.--
       ``(1) In general.--Subsection (a)(2)(C) does not apply to 
     importation, exportation, transportation, sale, receipt, 
     acquisition, or purchase of an animal of a prohibited 
     wildlife species, by a person that, under regulations 
     prescribed under paragraph (3), is described in paragraph (2) 
     with respect to that species.
       ``(2) Persons described.--A person is described in this 
     paragraph, if the person--
       ``(A) is licensed and inspected by the Animal and Plant 
     Health Inspection Service with respect to that species;
       ``(B) is a State college, university, or agency, State-
     licensed wildlife rehabilitator, or State-licensed 
     veterinarian;
       ``(C) is an accredited wildlife sanctuary that cares for 
     prohibited wildlife species and--
       ``(i) is a corporation that is exempt from taxation under 
     section 501(a) of the Internal Revenue Code 1986 and 
     described in sections 501(c)(3) and 170(b)(1)(A)(vi) of such 
     Code;
       ``(ii) does not commercially trade in animals listed in 
     section 2(g), including offspring, parts, and byproducts of 
     such animals;
       ``(iii) does not propagate animals; and
       ``(iv) does not allow direct contact between the public and 
     animals; or
       ``(D) has custody of the animal solely for the purpose of 
     expeditiously transporting the animal to a person described 
     in this paragraph with respect to the species.
       ``(3) Regulations.--Not later than 180 days after the date 
     of enactment of this subsection, the Secretary, in 
     cooperation with the Director of the Animal and Plant Health 
     Inspection Service, shall promulgate regulations describing 
     the persons described in paragraph (2).
       ``(4) State authority.--Nothing in this subsection preempts 
     or supersedes the authority of a State to regulate wildlife 
     species within that State.''.
       (b) Application.--Section 3(a)(2)(C) of the Lacey Act 
     Amendments of 1981 (as added by subsection (a)(1)(A)(iii)) 
     shall apply beginning on the effective date of regulations 
     promulgated under section 3(e)(3) of that Act (as added by 
     subsection (a)(2)).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Maryland (Mr. Gilchrest) and the gentleman from New Jersey (Mr. 
Pallone) each will control 20 minutes.
  The Chair recognizes the gentleman from Maryland (Mr. Gilchrest).


                             General Leave

  Mr. GILCHREST. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on H.R. 1006.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Maryland?
  There was no objection.
  Mr. GILCHREST. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, as a cosponsor of this legislation, I am pleased to rise 
in strong support of the Captive Wildlife Safety Act. This measure 
addresses the growing problem of unqualified and inexperienced 
individuals who are purchasing an increasing number of large exotic 
cats. There are dozens of Web sites that offer lion or tiger cubs for 
as little as $300. Sadly, we know that one of those Internet tigers 
ended up living in deplorable conditions in an apartment complex in 
Bronx, New York.
  While these species are extremely attractive when they are young, 
they quickly become 400-pound unwanted pets. Those buying these cats 
simply do not have the knowledge or resources to provide the specific 
nutritional, physical and environmental requirements of these animals. 
In many cases, they are unaware of the animals' growth patterns and the 
enormous cost of caring for them over their lifetime. In addition, 
escaped exotic animals have seriously injured or killed a number of our 
citizens.
  In far too many cases, these pets are abandoned, locked away in tiny 
cages, or sold for their hide, meat and bones because, sadly, they are 
worth more dead than alive. H.R. 1006 will help to solve the problem by 
making it illegal to buy, sell, or trade certain large exotic cats in 
interstate or foreign commerce.
  Under the terms of the bill, the term ``prohibited wildlife species'' 
is defined to include lions, tigers, leopards, cheetahs, jaguars and 
cougars and the hybrids of those species. The measure does not ban the 
private ownership of these cats and specific exemptions have been 
provided by qualified aquariums, circuses, sanctuaries and zoos.
  During our subcommittee hearing, there was a great deal of support 
for H.R. 1006. One of our witnesses was Ms.

[[Page H11445]]

Tippi Hedren who is not only a famous actress, but also someone who has 
dedicated her life to saving hundreds of wildlife species by operating 
the Shambala Sanctuary in southern California. In her remarks, Ms. 
Hedren noted that the Captive Wildlife Safety Act is a bipartisan, 
commonsense measure to safeguard the public and prevent harm to 
animals. It will help to stop a largely underground, and in many cases 
criminal, economy that breeds, trades, and butchers wild, exotic and 
often endangered species.
  Mr. Speaker, this is a timely solution to a growing problem, and I 
compliment the gentleman from California (Mr. McKeon) and his 
constituent, Tippi Hedren, for their tireless leadership on this 
legislation. I urge an aye vote on H.R. 1006.
  Mr. Speaker, I reserve the balance of my time.
  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. PALLONE asked and was given permission to revise and extend his 
remarks.)
  Mr. PALLONE. Mr. Speaker, as the gentleman from Maryland (Mr. 
Gilchrest) said, H.R. 1006 is a noncontroversial bill that was passed 
and reported by voice vote by the Committee on Resources on September 
11.
  The final language incorporates some minor, noncontroversial changes 
that were made by the other body to further refine the bill passed by 
the House.
  Recent news reports have repeatedly demonstrated that the holding and 
unsupervised breeding of large cats, such as lions and tigers, is not 
only dangerous to the handlers and the general public, but this growing 
trend is also extremely harmful to the welfare of these magnificent 
predatory animals.
  The limited provisions in this legislation will finally provide a 
straightforward strategy to address this problem by prohibiting the 
interstate trade in these animals or hybrids derived from these 
animals. Moreover, this legislation will ensure that in the future, 
only those facilities that are Federally or State licensed or have the 
requisite capabilities to care for these animals are allowed to do so. 
We can only hope this transition will be short.
  I commend the bill's sponsors, the gentleman from California (Mr. 
McKeon) and the gentleman from California (Mr. George Miller) for their 
tireless leadership in bringing forward this sensible animal welfare 
legislation, and I urge Members to support this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GILCHREST. Mr. Speaker, I yield such time as he may consume to 
the gentleman from California (Mr. McKeon).
  Mr. McKEON. Mr. Speaker, I thank the gentleman for yielding me this 
time, and I rise in strong support for H.R. 1006, the Captive Wildlife 
Safety Act. I thank the gentleman from Maryland for his support and for 
his leadership in bringing this bill to the floor.
  This act will take a large stride in preventing future acts by lions, 
tigers, and other exotic cats to people in our towns and cities across 
the country. In early October, a tiger found in a New York City 
apartment generated wide media attention to the issue of private 
ownership of wild animals such as lions and tigers. While this seems 
like an isolated incident, it represents one of the many attacks that 
have occurred over the last several years. Before we saw footage of the 
400-pound tiger on the national news, we saw reports that people of all 
ages, including children, have fallen victim to injury or death by such 
animals. This problem has persisted over time as trade of lions, tigers 
and other big cats have continued to flourish.
  Some estimates state that there are more than 15,000 exotic cats 
living in captivity in the United States. While some are held in 
zoological institutions and preserves, most of these animals are 
maintained as pets, caged in back yards, basements or closets. These 
animals can be purchased at auctions or on Web sites that advertise and 
sell these animals.
  Lions and tigers are inherently hard-wired to hunt, attack and defend 
themselves with brutal force when feeling threatened. It is for this 
reason that the U.S. Department of Agriculture, the American Veterinary 
Medical Association and the American Zoo and Aquarium Association have 
taken public stands against keeping these dangerous carnivores as pets.
  The dangers these big cats pose to people are self-evident and well 
documented. In Loxahatchee, Florida, last February, a 58-year-old woman 
was bitten in the head by a 750-pound pet Siberian-Bengal tiger mix. In 
Lexington, Texas, in October 2001, a 3-year-old boy was killed by his 
stepfather's pet tiger. This past April, two people fell victim to 
tiger attacks, a 35-year-old woman in Adair, Oklahoma, and a 32-year-
old man in Hennepin, Illinois. Both these tigers were being held at 
unaccredited animal parks, and the results are all too clear.
  These animals require trained personnel equipped with the proper 
tools and facilities to ensure they are kept in an environment where 
the probability of an attack is lowered to the safest possible level. 
How can we expect a person with no experience in caring for a tiger or 
lion to have the knowledge and education to take necessary safeguards 
to prevent an attack? People in neighborhoods and communities across 
the country should no longer have to take that risk.
  This legislation would add lions, tigers, cheetahs, leopards, 
jaguars, and cougars to the Lacey Act to prohibit these animals from 
being sold or purchased in interstate or foreign commerce. This will 
greatly decrease the possibility of one of these animals escaping from 
captivity, bringing further harm and injury to innocent people around 
the Nation.
  I thank the gentleman from California (Mr. George Miller) for helping 
me on this bipartisan effort. I also extend special thanks to the 
Committee on Resources chairman, the gentleman from California (Mr. 
Pombo), and once again the subcommittee chairman, the gentleman from 
Maryland (Mr. Gilchrest), whose leadership was essential in this 
endeavor.
  I also want to send my gratitude to a dear friend and constituent of 
mine, Tippi Hedren, whose expertise and knowledge helped in the 
introduction of this bill, and who, for more than 30 years, has worked 
tirelessly in the defense, protection and care for animals.
  In conclusion, I urge my colleagues to support H.R. 1006 which will 
help stop the spread of big cats and provide an essential safety 
mechanism to further decrease the number of attacks on people by these 
ferocious animals.
  Mr. PALLONE. Mr. Speaker, I yield such time as he may consume to the 
gentleman from California (Mr. George Miller), a sponsor of the bill.
  Mr. GEORGE MILLER of California. Mr. Speaker, I thank the gentleman 
for yielding me this time and his efforts for helping to bring this 
bill to the floor. And I also thank the gentleman from California (Mr. 
McKeon) for his steadfast efforts to get this bill before the 
committee. I also want to take a moment to thank Loren Bausell and Jean 
Flemma, both former staff of mine, who helped initially craft this 
legislation when I introduced this bill has year, and worked with the 
gentleman from California (Mr. McKeon) on this year's proposal.

                              {time}  1900

  I also want to thank the gentleman from California (Mr. Pombo), 
chairman of the Committee on Resources; and the gentleman from Maryland 
(Mr. Gilchrest), the subcommittee chair, for their efforts. I would 
like to join the gentleman from California (Mr. McKeon) in also 
thanking Tippi Hedren, who has been involved in this issue for so many 
years and whom I have had an opportunity to meet with numerous times on 
this subject matter. To see this bill now come to the floor I think is 
an important milestone in her effort for the safety of the public and 
for the welfare of these large animals.
  I hope we can quickly reconcile the differences between the House and 
Senate legislation and get this enacted into law this year. This 
bipartisan bill represents a firm commitment to protect the safety of 
the American public and the welfare of wild animals that are 
increasingly kept as pets.
  Our bill provides a first step in addressing a growing national 
problem. According to best estimates, there are more than 5,000 tigers 
in captivity in the United States. There are perhaps more tigers in 
captivity than there are tigers in their native habitats throughout the 
range in Asia. I have got a stack of news articles over an inch

[[Page H11446]]

thick describing instances in almost every State where some exotic pet 
escaped and was roaming around a suburban neighborhood. There are also 
more disturbing articles about well-intentioned pet owners who have run 
out of money because the feeding of a 200-pound tiger is very 
expensive. Then there are the cases where the animals, which are far 
from domesticated, harm their owners or others.
  Owning an exotic cat is not like owning Morris the house cat. These 
animals are big, they cost a lot to feed, and they are one degree away 
from their wild instincts at any moment. The Captive Wildlife Safety 
Act bars the interstate sale or transportation of lions, tigers, 
leopards, cheetahs and cougars, or their hybrids, in an attempt to 
exercise some control over the burgeoning interstate commerce of these 
animals. The legislation would not ban all private ownership of these 
prohibited species; rather, it would outlaw the commerce of these 
animals for use as pets.
  The bill is specifically aimed at the unregulated and untrained 
individuals who are maintaining these wild animals as exotic pets. 
Zoos, circuses, and sanctuaries are better equipped with both the 
physical and financial resources to care for these animals and are not 
affected by this legislation.
  At a time when almost anything can be bought on the Internet, it is 
not surprising that the animals can all be purchased through the more 
than 1,000 Web sites that promote private ownership of these wild 
animals. The Captive Wildlife Safety Act represents an emerging 
consensus on the need for comprehensive Federal legislation to regulate 
what type of animals can be kept as pets.
  We simply have got to understand that we have got to do this both for 
the safety of our neighborhoods which now has occurred both in suburban 
areas and rural areas and even now in urban areas with the captive 
keeping of these animals. We have got to do it for the safety of the 
neighborhoods, and we have got to do it for the welfare of these 
animals. We cannot let the care of these animals, the welfare of these 
animals be kept in a haphazard fashion based upon the whims of an 
individual at any given time simply to grab the ownership of one of 
these animals only later to find out that they are not trained or 
capable in other ways to take care of these cats or financially cannot 
take care of them and they either turn them over to the public or they 
set them loose or these cats escape and cause danger in the 
neighborhoods. It is not fair to the animals, and it is certainly not 
in the best interest of our communities. I would hope that we would be 
able to pass this legislation right away.
  Mr. PALLONE. Mr. Speaker, I yield back the balance of my time.
  Mr. GILCHREST. Mr. Speaker, I yield myself the balance of my time.
  I just want to make a closing comment. I would like to thank the 
gentleman from California (Mr. McKeon) and the gentleman from 
California (Mr. George Miller) for their effort to stay steadfast with 
this legislation to get it passed. I want to thank the gentleman from 
New Jersey (Mr. Pallone) for assisting us in this. I also want to thank 
the committee staff on both sides of the aisle for their knowledge and 
information and help with the passing of this bill. I urge my 
colleagues to vote ``aye.''
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Simpson). The question is on the motion 
offered by the gentleman from Maryland (Mr. Gilchrest) that the House 
suspend the rules and pass the bill, H.R. 1006, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. GEORGE MILLER of California. Mr. Speaker, on that I demand the 
yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________