Traveling Exotic Animal and Public Safety Protection Act

I 116TH CONGRESS 1ST SESSION H. R. 2863 To amend the Animal Welfare Act to restrict the use of exotic and wild animals in traveling performances. IN THE HOUSE OF REPRESENTATIVES MAY 21, 2019 Mr. GRIJALVA (for himself, Mr. SCHWEIKERT, Mr. BLUMENAUER, Mr. COHEN, Mr. CONNOLLY, Mr. DEFAZIO, Mr. ENGEL, Ms. JAYAPAL, Ms. LEE of California, Mr. LOWENTHAL, Mr. SEAN PATRICK MALONEY of New York, Mr. MCGOVERN, Ms. KUSTER of New Hampshire, Ms. NOR- TON, Miss RICE of New York, Ms. SCHAKOWSKY, and Ms. SPEIER) intro- duced the following bill; which was referred to the Committee on Agri- culture A BILL To amend the Animal Welfare Act to restrict the use of exotic and wild animals in traveling performances. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Traveling Exotic Ani- 4 mal and Public Safety Protection Act’’. 5 SEC. 2. FINDINGS. 6 The Congress finds that— 7 VerDate Sep 11 2014 19:13 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2863.IH H2863 khammond on DSKBBV9HB2PROD with BILLS 2 •HR 2863 IH (1) conditions inherent to traveling perform- 1 ances, including constant travel, temporary and col- 2 lapsible facilities, and the prolonged confinement 3 and physical coercion of animals, subject exotic and 4 wild animals to compromised welfare and chronic 5 stress, and present public and worker health and 6 safety risks not adequately addressed by current reg- 7 ulation; 8 (2) current regulatory oversight of traveling 9 performances is complex and costly, and these costs 10 are not typically recouped via licensing fees, but are 11 left to the American taxpayer; 12 (3) the frequent mobility of traveling perform- 13 ances complicates oversight such that agencies and 14 authorities cannot properly monitor, evaluate, or fol- 15 low through regarding the condition of animals or 16 facilities, or their history of potential injuries, inci- 17 dents, illnesses, violations, or other issues, and so 18 cannot properly protect animals, workers, or the 19 public; 20 (4) traveling exotic and wild animal perform- 21 ances use collapsible, temporary, mobile facilities, 22 which risk escape and serious harm to animals, 23 workers, and the public; 24 VerDate Sep 11 2014 19:13 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2863.IH H2863 khammond on DSKBBV9HB2PROD with BILLS 3 •HR 2863 IH (5) traveling exotic and wild animal perform- 1 ances present safety risks by permitting or not pre- 2 venting public contact and by displaying animals in 3 inappropriate, uncontrolled areas in dangerous prox- 4 imity to humans and other animals; 5 (6) exotic and wild animals have intrinsic value; 6 their wild instincts and needs are unpredictable and 7 are not naturally suited to traveling performances, 8 and they suffer as a result of being unable to fulfill 9 instinctive natural behaviors; 10 (7) exotic and wild animals used in traveling 11 performances suffer severe and extended confine- 12 ment, and, deprived of natural movements and be- 13 haviors, are prone to chronic stress, behavioral, 14 health, and psychological problems; 15 (8) exotic and wild animals are forced to per- 16 form unnatural tricks requiring extreme physical co- 17 ercion, including, but not limited to the use of food 18 and water restrictions, electric shock devices, bull- 19 hooks, metal bars, whips, shovels, and pitchforks, 20 among other abuses; 21 (9) it is not necessary to use exotic or wild ani- 22 mals in traveling performances to experience the cir- 23 cus or similar events; 24 VerDate Sep 11 2014 19:13 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2863.IH H2863 khammond on DSKBBV9HB2PROD with BILLS 4 •HR 2863 IH (10) using exotic or wild animals as commod- 1 ities traded for traveling performances adds nothing 2 to the understanding and conservation of such ani- 3 mals and the natural environment, and actually un- 4 dermines conservation efforts necessary to protect 5 threatened and endangered species; 6 (11) it is not possible to provide or ensure pub- 7 lic and worker safety or appropriate physical and 8 mental welfare for exotic and wild animals under the 9 traveling performance business model, which inher- 10 ently and significantly restricts animals’ natural 11 movements and behaviors, and where abuse is preva- 12 lent and oversight problematic; 13 (12) the use of exotic or wild animals in trav- 14 eling performances is or substantially affects inter- 15 state or foreign commerce, or the free flow thereof; 16 it is essential to regulate such activities to assure 17 animals’ humane care and treatment; and 18 (13) restricting the use of exotic and wild ani- 19 mals in traveling performances is the most cost-ef- 20 fective and efficient way to safeguard animals, work- 21 ers, and the public. 22 VerDate Sep 11 2014 19:13 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2863.IH H2863 khammond on DSKBBV9HB2PROD with BILLS 5 •HR 2863 IH SEC. 3. USE OF EXOTIC OR WILD ANIMALS IN TRAVELING 1 PERFORMANCES PROHIBITED. 2 Section 13 of the Animal Welfare Act (7 U.S.C. 3 2143) is amended by adding at the end the following: 4 ‘‘(i)(1) No person shall cause a performance of, or 5 allow for the participation of, an exotic animal or wild ani- 6 mal in a traveling animal act. 7 ‘‘(2) Paragraph (1) shall not apply to— 8 ‘‘(A) domestic animals or farm animals; 9 ‘‘(B) the use of an exotic or wild animal— 10 ‘‘(i) in an exhibition at a nonmobile, per- 11 manent institution, zoo, or aquarium accredited 12 by the Association of Zoos & Aquariums (AZA), 13 the World Association of Zoos and Aquariums 14 (WAZA), or the Global Federation of Animal 15 Sanctuaries (GFAS); 16 ‘‘(ii) as part of an environmental education 17 program by a facility accredited by the Associa- 18 tion of Zoos & Aquariums, if the animal used 19 for such purposes is not so used for more than 20 6 months in any year, and is not kept in a mo- 21 bile or traveling housing facility for more than 22 12 hours in any day; 23 ‘‘(iii) by a university, college, laboratory, or 24 other research facility registered with the Sec- 25 VerDate Sep 11 2014 19:13 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2863.IH H2863 khammond on DSKBBV9HB2PROD with BILLS 6 •HR 2863 IH retary pursuant to section 6 for the purpose of 1 conducting research; 2 ‘‘(iv) in film, television, or advertising, if 3 such use does not involve a live animal exhi- 4 bition conducted before a public studio audi- 5 ence; or 6 ‘‘(v) in a rodeo; 7 ‘‘(C) the use of indigenous wildlife in an exhi- 8 bition or environmental education program by a 9 wildlife rehabilitator that is— 10 ‘‘(i) permitted by the relevant jurisdiction; 11 and 12 ‘‘(ii) accredited or certified by the National 13 Wildlife Rehabilitation Association (NWRA) or 14 the International Wildlife Rehabilitation Coun- 15 cil (IWRC) if the animal used for such purposes 16 is not kept in a mobile or traveling housing fa- 17 cility for more than 12 hours in any day; 18 ‘‘(D) a federally permitted falconer; or 19 ‘‘(E) a wildlife sanctuary, as defined herein. 20 ‘‘(3) For the purposes of this subsection, the fol- 21 lowing definitions apply: 22 ‘‘(A) CAUSE A PERFORMANCE.—The term 23 ‘cause a performance’ means to be responsible for a 24 performance, to financially benefit as an owner or 25 VerDate Sep 11 2014 19:13 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2863.IH H2863 khammond on DSKBBV9HB2PROD with BILLS 7 •HR 2863 IH operator from a performance, or to sponsor a per- 1 formance. 2 ‘‘(B) DOMESTIC ANIMAL.—The term ‘domestic 3 animal’ means any animal that is normally main- 4 tained as a companion or pet animal in or near the 5 household of the owner or person who cares for the 6 animal, such as a domestic dog (including a service 7 dog), domestic cat, ferret, gerbil, horse, mouse, rat, 8 guinea pig, rabbit, or hamster, but does not include 9 any exotic animal or wild animal. 10 ‘‘(C) ENVIRONMENTAL EDUCATION PRO- 11 GRAM.—The term ‘environmental education pro- 12 gram’ means a program, which may include animal 13 exhibition, that is professionally designed to impart 14 knowledge or information for educational or con- 15 servation purposes about that animal’s natural be- 16 havior, habitat, life cycle, or similar pedagogical in- 17 formation, conducted by an individual qualified to 18 impart such information, which does not include any 19 performance of behavior that does not naturally 20 occur for that animal in the wild state. 21 ‘‘(D) EXOTIC AND WILD ANIMALS.—The terms 22 ‘exotic animal’, ‘wild animal’, ‘exotic and wild ani- 23 mal’, and ‘exotic or wild animal’ mean any animal 24 that is not a domestic animal or farm animal, which 25 VerDate Sep 11 2014 19:13 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2863.IH H2863 khammond on DSKBBV9HB2PROD with BILLS 8 •HR 2863 IH is now or has historically been found in the wild or 1 in the wild state, whether wild-borne or captive-bred, 2 and any hybrid of such an animal, including hybrid 3 crosses with a domestic animal or farm animal, in- 4 cluding but not limited to animals such as— 5 ‘‘(i) canidae (excepting domestic dogs); 6 ‘‘(ii) cetartiodactyla (excepting alpacas, 7 bison, cattle, deer, elk, goats, llamas, reindeer, 8 swine, and sheep); 9 ‘‘(iii) crocodilia; 10 ‘‘(iv) edentata; 11 ‘‘(v) elasmobranchii; 12 ‘‘(vi) felidae (excepting domestic cats); 13 ‘‘(vii) hyaenidae; 14 ‘‘(viii) marsupialia; 15 ‘‘(ix) mustelidae; 16 ‘‘(x) nonhuman primates; 17 ‘‘(xi) perissodactyla (excepting horses, don- 18 keys, and mules); 19 ‘‘(xii) pinnipedia; 20 ‘‘(xiii) proboscidea; 21 ‘‘(xiv) procyonidae; 22 ‘‘(xv) ratites; 23 ‘‘(xvi) spheniscidae; 24 ‘‘(xvii) testudinidae; 25 VerDate Sep 11 2014 19:13 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2863.IH H2863 khammond on DSKBBV9HB2PROD with BILLS 9 •HR 2863 IH ‘‘(xviii) ursidae; 1 ‘‘(xix) varanidae; and 2 ‘‘(xx) viverridae. 3 ‘‘(E) FARM ANIMAL.—The term ‘farm animal’ 4 means alpacas, cattle, sheep, swine, goats, llamas, 5 poultry, rabbits, horses, mules, or donkeys. The term 6 does not include exotic animals or wild animals. 7 ‘‘(F) MOBILE OR TRAVELING HOUSING FACIL- 8 ITY.—The term ‘mobile or traveling housing facility’ 9 means a transporting vehicle such as a truck, car, 10 trailer, airplane, ship, or railway car, used to trans- 11 port or house animals while traveling to, from, or 12 between locations for performance purposes. 13 ‘‘(G) PERFORMANCE.—The term ‘performance’ 14 means any animal act, circus, ride, carnival, display, 15 exhibition, fair, parade, petting zoo, race, perform- 16 ance, or similar undertaking in which animals are 17 required to perform tricks, give rides, or participate 18 as accompaniments for the entertainment, amuse- 19 ment, or benefit of an audience. 20 ‘‘(H) TRAVELING ANIMAL ACT.—The term 21 ‘traveling animal act’ means any performance of ani- 22 mals where such animals are transported to, from, 23 or between locations for the purpose of such per- 24 formance, in a mobile or traveling housing facility. 25 VerDate Sep 11 2014 19:13 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2863.IH H2863 khammond on DSKBBV9HB2PROD with BILLS 10 •HR 2863 IH ‘‘(I) WILDLIFE SANCTUARY.—The term ‘wildlife 1 sanctuary’ means an organization described in sec- 2 tions 170(b)(1)(A)(vi) and 501(c)(3) of the Internal 3 Revenue Code 1986, which is a place of refuge that 4 provides care for abused, neglected, unwanted, im- 5 pounded, abandoned, orphaned, or displaced wildlife 6 for their lifetime, and which does not— 7 ‘‘(i) engage in commercial trade in any ex- 8 otic or wild animal, including the sale of any 9 animal, animal part or derivative, offspring, 10 photographic opportunities, or public events for 11 financial profit or any other entertainment pur- 12 pose; 13 ‘‘(ii) breed any exotic or wild animal; 14 ‘‘(iii) permit unescorted public visitation; 15 ‘‘(iv) permit direct contact between the 16 public and any exotic or wild animal; or 17 ‘‘(v) remove any exotic or wild animal from 18 a sanctuary or enclosure for exhibition or per- 19 formance. 20 ‘‘(4) A person who fails to comply with this 21 subsection shall be subject to the enforcement and 22 penalties provided for under sections 16, 19, and 23 29.’’. 24 VerDate Sep 11 2014 19:13 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2863.IH H2863 khammond on DSKBBV9HB2PROD with BILLS 11 •HR 2863 IH SEC. 4. RELATIONSHIP WITH OTHER LAW. 1 (a) This Act shall not be interpreted to— 2 (1) authorize the interstate transport of a 3 threatened or endangered species, which is prohib- 4 ited under the Endangered Species Act (16 U.S.C. 5 1538); or 6 (2) waive any requirement to comply with any 7 regulation issued under the Animal Welfare Act. 8 (b) The provisions of this Act shall be interpreted to 9 be in addition to, and not in lieu of, any other laws pro- 10 tecting animal welfare. 11 (c) This Act shall not be construed to limit any other 12 Federal, State, or local law or rule that more strictly pro- 13 tects the welfare of animals. 14 SEC. 5. EFFECTIVE DATE. 15 The amendments made by this Act shall take effect 16 on the date that is 1 year after the date of the enactment 17 of this Act. 18 Æ VerDate Sep 11 2014 19:13 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H2863.IH H2863 khammond on DSKBBV9HB2PROD with BILLS