Congressional Record—House H11444

H11444 CONGRESSIONAL RECORD — HOUSE November 18, 2003 the student athletes on the tennis bill (H.R. 1006) to amend the Lacey Act ‘‘(4) STATE AUTHORITY.—Nothing in this team. Amendments of 1981 to further the con- subsection preempts or supersedes the au- Winning a national championship is servation of certain wildlife species, as thority of a State to regulate wildlife species something to be proud of, not only for amended. within that State.’’. (b) APPLICATION.—Section 3(a)(2)(C) of the the university but for its students, fac- The Clerk read as follows: Lacey Act Amendments of 1981 (as added by ulty, and the surrounding community. H.R. 1006 subsection (a)(1)(A)(iii)) shall apply begin- The achievement that marks a na- Be it enacted by the Senate and House of Rep- ning on the effective date of regulations pro- tional championship brings out the resentatives of the United States of America in mulgated under section 3(e)(3) of that Act (as best athletic performance our colle- Congress assembled, added by subsection (a)(2)). giate sports have to offer. Everyone in- SECTION 1. SHORT TITLE. The SPEAKER pro tempore. Pursu- volved in this should be congratulated This Act may be cited as the ‘‘Captive ant to the rule, the gentleman from for their performances. Wildlife Safety Act’’. Maryland (Mr. GILCHREST) and the gen- In closing, I would urge Members to SEC. 2. DEFINITION OF PROHIBITED WILDLIFE tleman from New Jersey (Mr. PALLONE) support this resolution, and again I SPECIES. Section 2 of the Lacey Act Amendments of each will control 20 minutes. commend the University of Illinois The Chair recognizes the gentleman men’s tennis team, extend to them my 1981 (16 U.S.C. 3371) is amended— (1) by redesignating subsections (g) from Maryland (Mr. GILCHREST). commendations and extend to the through (j) as subsections (h) through (k), re- GENERAL LEAVE President, President Stukel and all of spectively; and Mr. GILCHREST. Mr. Speaker, I ask the faculty, this is a rare occurrence (2) by inserting after subsection (f) the fol- unanimous consent that all Members for the University of Illinois. I know lowing: may have 5 legislative days within everybody in Illinois is indeed de- ‘‘(g) PROHIBITED WILDLIFE SPECIES.—The which to revise and extend their re- lighted that the university has reached term ‘prohibited wildlife species’ means any lion, tiger, leopard, cheetah, jaguar, or cou- marks and include extraneous material this milestone. on H.R. 1006. Mr. JOHNSON of Illinois. Mr. Speaker, I rise gar species, or any hybrid of such a species.’’. SEC. 3. PROHIBITED ACTS. The SPEAKER pro tempore. Is there today to honor a truly remarkable group of objection to the request of the gen- young athletes. The University of Illinois fight- (a) IN GENERAL.—Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is tleman from Maryland? ing Illini Men’s Tennis Team had a memorable amended— There was no objection. and historic 2002–2003 season. Beside win- (1) in subsection (a)— Mr. GILCHREST. Mr. Speaker, I ning their seventh consecutive Big Ten Con- (A) in paragraph (2)— yield myself such time as I may con- ference regular-season championship, as well (i) in subparagraph (A), by striking ‘‘, or’’ sume. as their sixth Big Ten Tournament crown in at the end and inserting a semicolon; Mr. Speaker, as a cosponsor of this the last 7 years, the undefeated Fighting Illini (ii) in subparagraph (B), by inserting ‘‘or’’ legislation, I am pleased to rise in after the semicolon at the end; and won the first NCA team championship in the strong support of the Captive Wildlife history of the University of Illinois tennis pro- (iii) by adding at the end the following: ‘‘(C) any live animal of a prohibited wild- Safety Act. This measure addresses the gram. growing problem of unqualified and in- Using three different players in the singles life species (subject to subsection (e));’’; (B) in paragraph (3)(B), by inserting ‘‘or’’ experienced individuals who are pur- and doubles tournaments, the Illini captured after the semicolon at the end; and chasing an increasing number of large the rare triple crown of college tennis by win- (C) in paragraph (4), by striking ‘‘para- exotic cats. There are dozens of Web ning the national championships in the team graphs (1) through (4)’’ and inserting ‘‘para- sites that offer lion or tiger cubs for as tournament, the singles tournament, and the graphs (1) through (3)’’; and little as $300. Sadly, we know that one (2) by adding at the end the following: doubles tournament and were the first team in of those Internet tigers ended up living the Nation to do so with three different players ‘‘(e) NONAPPLICABILITY OF PROHIBITED WILDLIFE SPECIES OFFENSE.— in deplorable conditions in an apart- since the current NCAA tennis team cham- ment complex in Bronx, New York. pionship format began in 1977. ‘‘(1) IN GENERAL.—Subsection (a)(2)(C) does not apply to importation, exportation, trans- While these species are extremely at- Coach Craig Tiley, Assistant Coach Bruce portation, sale, receipt, acquisition, or pur- tractive when they are young, they Berque and the entire University of Illinois chase of an animal of a prohibited wildlife quickly become 400-pound unwanted men’s tennis team are a great source of pride species, by a person that, under regulations pets. Those buying these cats simply for their university, the Champaign-Urbana prescribed under paragraph (3), is described do not have the knowledge or resources community and the 15th District of Illinois. I in paragraph (2) with respect to that species. to provide the specific nutritional, thank Chairman BOEHNER and Alison Ream of ‘‘(2) PERSONS DESCRIBED.—A person is de- physical and environmental require- the Education and Workforce Committee for scribed in this paragraph, if the person— ments of these animals. In many cases, their help with bringing H. Res. 391 to the ‘‘(A) is licensed and inspected by the Ani- mal and Plant Health Inspection Service they are unaware of the animals’ floor and I ask my colleagues to support the with respect to that species; growth patterns and the enormous cost bill. ‘‘(B) is a State college, university, or agen- of caring for them over their lifetime. Mr. DAVIS of Illinois. Mr. Speaker, I cy, State-licensed wildlife rehabilitator, or yield back the balance of my time. In addition, escaped exotic animals State-licensed veterinarian; have seriously injured or killed a num- Mr. MCKEON. Mr. Speaker, I thank ‘‘(C) is an accredited wildlife sanctuary the gentleman from Illinois (Mr. JOHN- that cares for prohibited wildlife species ber of our citizens. In far too many cases, these pets are SON) for bringing forth this resolution and— honoring the Fighting Illini athletes, ‘‘(i) is a corporation that is exempt from abandoned, locked away in tiny cages, and I yield back the balance of my taxation under section 501(a) of the Internal or sold for their hide, meat and bones time. Revenue Code 1986 and described in sections because, sadly, they are worth more The SPEAKER pro tempore (Mr. 501(c)(3) and 170(b)(1)(A)(vi) of such Code; dead than alive. H.R. 1006 will help to ‘‘(ii) does not commercially trade in ani- solve the problem by making it illegal SIMPSON). The question is on the mo- mals listed in section 2(g), including off- tion offered by the gentleman from to buy, sell, or trade certain large ex- spring, parts, and byproducts of such ani- otic cats in interstate or foreign com- California (Mr. MCKEON) that the mals; House suspend the rules and agree to ‘‘(iii) does not propagate animals; and merce. the resolution, H. Res. 391. ‘‘(iv) does not allow direct contact between Under the terms of the bill, the term The question was taken; and (two- the public and animals; or ‘‘prohibited wildlife species’’ is defined thirds having voted in favor thereof) ‘‘(D) has custody of the animal solely for to include lions, tigers, leopards, chee- the rules were suspended and the reso- the purpose of expeditiously transporting the tahs, jaguars and cougars and the hy- lution was agreed to. animal to a person described in this para- brids of those species. The measure A motion to reconsider was laid on graph with respect to the species. does not ban the private ownership of ‘‘(3) REGULATIONS.—Not later than 180 days these cats and specific exemptions the table. after the date of enactment of this sub- f section, the Secretary, in cooperation with have been provided by qualified aquar- iums, circuses, sanctuaries and zoos. CAPTIVE WILDLIFE SAFETY ACT the Director of the Animal and Plant Health Inspection Service, shall promulgate regula- During our subcommittee hearing, Mr. GILCHREST. Mr. Speaker, I tions describing the persons described in there was a great deal of support for move to suspend the rules and pass the paragraph (2). H.R. 1006. One of our witnesses was Ms.

VerDate jul 14 2003 02:32 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K18NO7.138 H18PT2 November 18, 2003 CONGRESSIONAL RECORD — HOUSE H11445 Tippi Hedren who is not only a famous This act will take a large stride in I thank the gentleman from Cali- actress, but also someone who has dedi- preventing future acts by lions, tigers, fornia (Mr. GEORGE MILLER) for helping cated her life to saving hundreds of and other exotic cats to people in our me on this bipartisan effort. I also ex- wildlife species by operating the towns and cities across the country. In tend special thanks to the Committee Shambala Sanctuary in southern Cali- early October, a tiger found in a New on Resources chairman, the gentleman fornia. In her remarks, Ms. Hedren York City apartment generated wide from California (Mr. POMBO), and once noted that the Captive Wildlife Safety media attention to the issue of private again the subcommittee chairman, the Act is a bipartisan, commonsense ownership of wild animals such as lions gentleman from Maryland (Mr. measure to safeguard the public and and tigers. While this seems like an GILCHREST), whose leadership was es- prevent harm to animals. It will help isolated incident, it represents one of sential in this endeavor. to stop a largely underground, and in the many attacks that have occurred I also want to send my gratitude to a many cases criminal, economy that over the last several years. Before we dear friend and constituent of mine, breeds, trades, and butchers wild, ex- saw footage of the 400-pound tiger on Tippi Hedren, whose expertise and otic and often endangered species. the national news, we saw reports that knowledge helped in the introduction Mr. Speaker, this is a timely solution people of all ages, including children, of this bill, and who, for more than 30 to a growing problem, and I com- have fallen victim to injury or death years, has worked tirelessly in the de- pliment the gentleman from California by such animals. This problem has per- fense, protection and care for animals. (Mr. MCKEON) and his constituent, sisted over time as trade of lions, ti- In conclusion, I urge my colleagues Tippi Hedren, for their tireless leader- gers and other big cats have continued to support H.R. 1006 which will help ship on this legislation. I urge an aye to flourish. stop the spread of big cats and provide vote on H.R. 1006. Some estimates state that there are an essential safety mechanism to fur- Mr. Speaker, I reserve the balance of more than 15,000 exotic cats living in ther decrease the number of attacks on my time. captivity in the United States. While people by these ferocious animals. Mr. PALLONE. Mr. Speaker, I yield some are held in zoological institutions Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume. and preserves, most of these animals such time as he may consume to the (Mr. PALLONE asked and was given are maintained as pets, caged in back gentleman from California (Mr. permission to revise and extend his re- yards, basements or closets. These ani- GEORGE MILLER), a sponsor of the bill. marks.) Mr. PALLONE. Mr. Speaker, as the mals can be purchased at auctions or Mr. GEORGE MILLER of California. gentleman from Maryland (Mr. on Web sites that advertise and sell Mr. Speaker, I thank the gentleman for GILCHREST) said, H.R. 1006 is a non- these animals. yielding me this time and his efforts Lions and tigers are inherently hard- controversial bill that was passed and for helping to bring this bill to the reported by voice vote by the Com- wired to hunt, attack and defend them- floor. And I also thank the gentleman mittee on Resources on September 11. selves with brutal force when feeling from California (Mr. MCKEON) for his The final language incorporates some threatened. It is for this reason that steadfast efforts to get this bill before minor, noncontroversial changes that the U.S. Department of Agriculture, the committee. I also want to take a were made by the other body to further the American Veterinary Medical Asso- moment to thank Loren Bausell and refine the bill passed by the House. ciation and the American Zoo and Jean Flemma, both former staff of Recent news reports have repeatedly Aquarium Association have taken pub- mine, who helped initially craft this demonstrated that the holding and un- lic stands against keeping these dan- legislation when I introduced this bill supervised breeding of large cats, such gerous carnivores as pets. has year, and worked with the gen- as lions and tigers, is not only dan- The dangers these big cats pose to tleman from California (Mr. MCKEON) gerous to the handlers and the general people are self-evident and well docu- on this year’s proposal. mented. In Loxahatchee, Florida, last public, but this growing trend is also b 1900 extremely harmful to the welfare of February, a 58-year-old woman was bit- these magnificent predatory animals. ten in the head by a 750-pound pet Sibe- I also want to thank the gentleman The limited provisions in this legisla- rian-Bengal tiger mix. In Lexington, from California (Mr. POMBO), chairman tion will finally provide a straight- Texas, in October 2001, a 3-year-old boy of the Committee on Resources; and forward strategy to address this prob- was killed by his stepfather’s pet tiger. the gentleman from Maryland (Mr. lem by prohibiting the interstate trade This past April, two people fell victim GILCHREST), the subcommittee chair, in these animals or hybrids derived to tiger attacks, a 35-year-old woman for their efforts. I would like to join from these animals. Moreover, this leg- in Adair, Oklahoma, and a 32-year-old the gentleman from California (Mr. islation will ensure that in the future, man in Hennepin, Illinois. Both these MCKEON) in also thanking Tippi only those facilities that are Federally tigers were being held at unaccredited Hedren, who has been involved in this or State licensed or have the requisite animal parks, and the results are all issue for so many years and whom I capabilities to care for these animals too clear. have had an opportunity to meet with are allowed to do so. We can only hope These animals require trained per- numerous times on this subject matter. this transition will be short. sonnel equipped with the proper tools To see this bill now come to the floor I commend the bill’s sponsors, the and facilities to ensure they are kept I think is an important milestone in gentleman from California (Mr. in an environment where the prob- her effort for the safety of the public MCKEON) and the gentleman from Cali- ability of an attack is lowered to the and for the welfare of these large ani- fornia (Mr. GEORGE MILLER) for their safest possible level. How can we ex- mals. tireless leadership in bringing forward pect a person with no experience in I hope we can quickly reconcile the this sensible animal welfare legisla- caring for a tiger or lion to have the differences between the House and Sen- tion, and I urge Members to support knowledge and education to take nec- ate legislation and get this enacted this bill. essary safeguards to prevent an at- into law this year. This bipartisan bill Mr. Speaker, I reserve the balance of tack? People in neighborhoods and represents a firm commitment to pro- my time. communities across the country should tect the safety of the American public Mr. GILCHREST. Mr. Speaker, I no longer have to take that risk. and the welfare of wild animals that yield such time as he may consume to This legislation would add lions, ti- are increasingly kept as pets. the gentleman from California (Mr. gers, cheetahs, leopards, jaguars, and Our bill provides a first step in ad- MCKEON). cougars to the Lacey Act to prohibit dressing a growing national problem. Mr. MCKEON. Mr. Speaker, I thank these animals from being sold or pur- According to best estimates, there are the gentleman for yielding me this chased in interstate or foreign com- more than 5,000 tigers in captivity in time, and I rise in strong support for merce. This will greatly decrease the the United States. There are perhaps H.R. 1006, the Captive Wildlife Safety possibility of one of these animals es- more tigers in captivity than there are Act. I thank the gentleman from Mary- caping from captivity, bringing further tigers in their native habitats through- land for his support and for his leader- harm and injury to innocent people out the range in Asia. I have got a ship in bringing this bill to the floor. around the Nation. stack of news articles over an inch

VerDate jul 14 2003 00:37 Nov 20, 2003 Jkt 029060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K18NO7.140 H18PT2 H11446 CONGRESSIONAL RECORD — HOUSE November 18, 2003 thick describing instances in almost tleman from California (Mr. MCKEON) facility, or revenue producing visitor service every State where some exotic pet es- and the gentleman from California (Mr. mandated or authorized pursuant to section 1306 or 1307 of the Alaska National Interest caped and was roaming around a subur- GEORGE MILLER) for their effort to stay ban neighborhood. There are also more Lands Conservation Act (16 U.S.C. 3196, 3197). steadfast with this legislation to get it ‘‘(b) COVERED CONCESSION ACTIVITIES.—(1) disturbing articles about well-inten- passed. I want to thank the gentleman The activity referred to in subsection (a) is tioned pet owners who have run out of from New Jersey (Mr. PALLONE) for as- any commercial activity conducted to pro- money because the feeding of a 200- sisting us in this. I also want to thank vide accommodations, facilities, or services pound tiger is very expensive. Then the committee staff on both sides of to members of the public who are visiting there are the cases where the animals, the aisle for their knowledge and infor- lands or waters in the System, for the pur- which are far from domesticated, harm pose of providing such visitors recreational, mation and help with the passing of educational, or interpretive enjoyment of their owners or others. this bill. I urge my colleagues to vote lands or waters in the System. Owning an exotic cat is not like own- ‘‘aye.’’ ‘‘(2) Such activity does not include— ing Morris the house cat. These ani- Mr. Speaker, I yield back the balance ‘‘(A) any activity carried out under a pro- mals are big, they cost a lot to feed, of my time. curement contract, grant agreement, memo- and they are one degree away from The SPEAKER pro tempore (Mr. randum of understanding, or cooperative agreements; their wild instincts at any moment. SIMPSON). The question is on the mo- ‘‘(B) the performance of volunteer services; The Captive Wildlife Safety Act bars tion offered by the gentleman from the interstate sale or transportation of ‘‘(C) any activity by a governmental enti- Maryland (Mr. GILCHREST) that the ty; lions, tigers, leopards, cheetahs and House suspend the rules and pass the ‘‘(D) the operation of a bookstore in a ref- cougars, or their hybrids, in an at- bill, H.R. 1006, as amended. uge facility by a national wildlife refuge tempt to exercise some control over The question was taken. Friends organization; and the burgeoning interstate commerce of The SPEAKER pro tempore. In the ‘‘(E) the performance of any guide or out- these animals. The legislation would opinion of the Chair, two-thirds of fitter services authorized by any permit or not ban all private ownership of these those present have voted in the affirm- other authorization issued by the Secretary, prohibited species; rather, it would ative. including services related to fishing, hunt- outlaw the commerce of these animals Mr. GEORGE MILLER of California. ing, boating, sightseeing, hiking, or camp- ing, except that this subparagraph does not for use as pets. Mr. Speaker, on that I demand the yeas The bill is specifically aimed at the include the construction, maintenance, or and nays. occupancy of significant structures or facili- unregulated and untrained individuals The yeas and nays were ordered. ties. who are maintaining these wild ani- The SPEAKER pro tempore. Pursu- ‘‘(c) STANDARDIZED CONTRACT.—(1) The Sec- mals as exotic pets. Zoos, circuses, and ant to clause 8 of rule XX and the retary, acting through the Director, shall sanctuaries are better equipped with Chair’s prior announcement, further issue regulations that implement this sec- both the physical and financial re- proceedings on this motion will be tion. sources to care for these animals and ‘‘(2) Regulations under this subsection postponed. shall authorize a contract to use a provision are not affected by this legislation. f other than those specified, by the Secretary At a time when almost anything can as part of a standardized contract only if— be bought on the Internet, it is not sur- ESTABLISHING REQUIREMENTS ‘‘(A) the provision addresses extenuating prising that the animals can all be pur- FOR AWARD OF CONCESSIONS IN circumstances that are specific to a refuge or chased through the more than 1,000 NATIONAL WILDLIFE REFUGE the contract; and Web sites that promote private owner- SYSTEM ‘‘(B) the provision is approved by the Sec- ship of these wild animals. The Captive Mr. SOUDER. Mr. Speaker, I move to retary in writing. Wildlife Safety Act represents an ‘‘(3) The Secretary shall require in each suspend the rules and pass the bill contract provisions that require that any ac- emerging consensus on the need for (H.R. 1204) to amend the National Wild- tivity conducted in the System under the comprehensive Federal legislation to life Refuge System Administration Act contract— regulate what type of animals can be of 1966 to establish requirements for ‘‘(A) must be a compatible use; and kept as pets. the award of concessions in the Na- ‘‘(B) must be designed to— We simply have got to understand tional Wildlife Refuge System, to pro- ‘‘(i) conserve the natural and cultural re- that we have got to do this both for the vide for maintenance and repair of sources of the System; ‘‘(ii) facilitate the enjoyment of the lands safety of our neighborhoods which now properties located in the System by has occurred both in suburban areas and waters of the System by visitors to the concessionaires authorized to use such System; and and rural areas and even now in urban properties, and for other purposes, as areas with the captive keeping of these ‘‘(iii) enhance such visitors’ knowledge of amended. the natural resources of the System. animals. We have got to do it for the The Clerk read as follows: ‘‘(d) MAINTENANCE AND REPAIR.—(1) Not- safety of the neighborhoods, and we H.R. 1204 withstanding any other provision of law, the have got to do it for the welfare of Secretary shall include, in each contract these animals. We cannot let the care Be it enacted by the Senate and House of Rep- that authorizes a person to use any land or resentatives of the United States of America in of these animals, the welfare of these water in the System for any activity de- Congress assembled, scribed in subsection (b), provisions that— animals be kept in a haphazard fashion SECTION 1. LEASES, PERMITS, AND CONTRACTS based upon the whims of an individual ‘‘(A) authorize the person to maintain or FOR BUILDINGS, FACILITIES, AND repair any improvement on or in such land at any given time simply to grab the PROPERTIES IN THE NATIONAL or water that the person is authorized to use WILDLIFE REFUGE SYSTEM. ownership of one of these animals only for such activity; and (a) IN GENERAL.—The National Wildlife later to find out that they are not ‘‘(B) treat costs incurred by the person for Refuge System Administration Act of 1966 trained or capable in other ways to such maintenance or repair as consideration (16 U.S.C. 668dd et seq.) is amended by— otherwise required to be paid to the United take care of these cats or financially (1) striking section 6 (relating to amend- States for such use. cannot take care of them and they ei- ments to other laws, which have executed); ther turn them over to the public or ‘‘(2) This subsection does not authorize any (2) redesignating section 5 (16 U.S.C. 668ee) maintenance or repair that is not directly they set them loose or these cats es- as section 6; and related to an activity described in subsection cape and cause danger in the neighbor- (3) inserting after section 4 the following: (b) that is authorized by the contract. hoods. It is not fair to the animals, and ‘‘SEC. 5. CONCESSION CONTRACTS. ‘‘(3) The United States shall retain title to it is certainly not in the best interest ‘‘(a) CONTRACT REQUIREMENT.—(1) The Sec- all real property that is maintained or re- of our communities. I would hope that retary shall not authorize a person to use paired under this subsection. we would be able to pass this legisla- any land or water in the System for any ac- ‘‘(e) NO COMPENSABLE INTEREST.—Nothing tivity described in subsection (b), except in this Act shall be considered to convey to tion right away. any person any right to compensation for— Mr. PALLONE. Mr. Speaker, I yield under a contract that complies with the re- quirements established under subsection (c). ‘‘(1) the value of any maintenance activi- back the balance of my time. ‘‘(2) The Secretary may not award a con- ties, repairs, construction, or improvements Mr. GILCHREST. Mr. Speaker, I tract required under this subsection except on or in land or water in the System; or yield myself the balance of my time. under a competitive bidding process. ‘‘(2) buildings, facilities, fixtures, and non- I just want to make a closing com- ‘‘(3) This subsection does not apply with movable equipment that the person is au- ment. I would like to thank the gen- respect to any administrative site, visitors thorized to use under this Act.

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