Traveling Exotic Animal and Public Safety Protection Act of 2019

II 116TH CONGRESS 1ST SESSION S. 2121 To amend the Animal Welfare Act to restrict the use of exotic and wild animals in traveling performances. IN THE SENATE OF THE UNITED STATES JULY 15, 2019 Mr. MENENDEZ (for himself, Mr. BLUMENTHAL, and Mr. BOOKER) intro- duced the following bill; which was read twice and referred to the Com- mittee on Agriculture, Nutrition, and Forestry 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 of 2019’’. 5 SEC. 2. FINDINGS. 6 Congress finds that— 7 (1) conditions inherent to traveling perform- 8 ances, including constant travel, temporary and col- 9 lapsible facilities, and the prolonged confinement 10 VerDate Sep 11 2014 00:26 Jul 18, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2121.IS S2121 kjohnson on DSK79L0C42 with BILLS 2 •S 2121 IS and physical coercion of animals, subject exotic and 1 wild animals to compromised welfare and chronic 2 stress, and present public and worker health and 3 safety risks not adequately addressed by current reg- 4 ulations; 5 (2) current regulatory oversight of traveling 6 performances is complex and costly, and those costs 7 are not typically recouped via licensing fees but are 8 left to the taxpayer; 9 (3) the frequent mobility of traveling perform- 10 ances complicates oversight such that agencies and 11 authorities cannot properly monitor, evaluate, or fol- 12 low through regarding the condition of animals or 13 facilities, or their history of potential injuries, inci- 14 dents, illnesses, violations, or other issues, and so 15 cannot properly protect animals, workers, or the 16 public; 17 (4) traveling exotic and wild animal perform- 18 ances use collapsible, temporary, mobile facilities, 19 which risk escape and serious harm to animals, 20 workers, and the public; 21 (5) traveling exotic and wild animal perform- 22 ances present safety risks by permitting or not pre- 23 venting public contact and by displaying animals in 24 VerDate Sep 11 2014 00:26 Jul 18, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2121.IS S2121 kjohnson on DSK79L0C42 with BILLS 3 •S 2121 IS inappropriate, uncontrolled areas in dangerous prox- 1 imity to humans and other animals; 2 (6) exotic and wild animals have intrinsic value; 3 (7) the wild instincts and needs of exotic and 4 wild animals are unpredictable and not naturally 5 suited to traveling performances, and exotic and wild 6 animals thus suffer as a result of being unable to 7 fulfill instinctive natural behaviors; 8 (8) exotic and wild animals used in traveling 9 performances suffer severe and extended confine- 10 ment, and, deprived of natural movements and be- 11 haviors, are prone to chronic stress and behavioral, 12 health, and psychological problems; 13 (9) exotic and wild animals are forced to per- 14 form unnatural tricks requiring extreme physical co- 15 ercion, including the use of food and water restric- 16 tions, electric shock devices, bullhooks, metal bars, 17 whips, shovels, pitchforks, and other abuses; 18 (10) it is not necessary to use exotic or wild 19 animals in traveling performances to experience the 20 circus or similar events; 21 (11) using exotic or wild animals as commod- 22 ities traded for traveling performances adds nothing 23 to the understanding and conservation of those ani- 24 mals and the natural environment, and actually un- 25 VerDate Sep 11 2014 00:26 Jul 18, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2121.IS S2121 kjohnson on DSK79L0C42 with BILLS 4 •S 2121 IS dermines conservation efforts necessary to protect 1 threatened and endangered species; 2 (12) it is not possible to provide or ensure pub- 3 lic and worker safety or appropriate physical and 4 mental welfare of exotic and wild animals under the 5 traveling performance business model, which inher- 6 ently and significantly restricts the natural move- 7 ments and behaviors of animals, and in which abuse 8 is prevalent and oversight problematic; 9 (13) the use of exotic or wild animals in trav- 10 eling performances is or substantially affects inter- 11 state or foreign commerce and the free flow of inter- 12 state or foreign commerce; 13 (14) it is essential to regulate the use of exotic 14 or wild animals in traveling performances to ensure 15 the humane care and treatment of animals; and 16 (15) restricting the use of exotic and wild ani- 17 mals in traveling performances is the most cost-ef- 18 fective and efficient way to safeguard animals, work- 19 ers, and the public. 20 SEC. 3. USE OF EXOTIC OR WILD ANIMALS IN TRAVELING 21 PERFORMANCES PROHIBITED. 22 Section 13 of the Animal Welfare Act (7 U.S.C. 23 2143) is amended— 24 VerDate Sep 11 2014 00:26 Jul 18, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2121.IS S2121 kjohnson on DSK79L0C42 with BILLS 5 •S 2121 IS (1) by redesignating subsections (g) and (h) as 1 subsections (h) and (i), respectively; 2 (2) by redesignating the second subsection (f) 3 (relating to delivery of animals by a dealer, research 4 facility, exhibitor, or government) as subsection (g); 5 and 6 (3) by adding at the end the following: 7 ‘‘(j) PROHIBITION OF EXOTIC AND WILD ANIMALS 8 IN TRAVELING PERFORMANCES.— 9 ‘‘(1) DEFINITIONS.—In this subsection: 10 ‘‘(A) CAUSE A PERFORMANCE.—The term 11 ‘cause a performance’ means— 12 ‘‘(i) to be responsible for a perform- 13 ance; 14 ‘‘(ii) to financially benefit as an owner 15 or operator from a performance; and 16 ‘‘(iii) to sponsor a performance. 17 ‘‘(B) DOMESTIC ANIMAL.—The term ‘do- 18 mestic animal’ means any animal that is nor- 19 mally maintained as a companion or pet animal 20 in or near the household of the owner or person 21 who cares for the animal, such as a domestic 22 dog (including a service dog), domestic cat, fer- 23 ret, gerbil, horse, mouse, rat, guinea pig, rabbit, 24 or hamster. 25 VerDate Sep 11 2014 00:26 Jul 18, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2121.IS S2121 kjohnson on DSK79L0C42 with BILLS 6 •S 2121 IS ‘‘(C) ENVIRONMENTAL EDUCATION PRO- 1 GRAM.—The term ‘environmental education 2 program’ means a program, which may be an 3 animal exhibition, that— 4 ‘‘(i) is professionally designed to im- 5 part knowledge or information for edu- 6 cational or conservation purposes about the 7 natural behavior, habitat, and life cycle of 8 an animal, or similar pedagogical informa- 9 tion, by an individual qualified to impart 10 that information; and 11 ‘‘(ii) does not include any performance 12 of behavior of an animal that does not nat- 13 urally occur for that animal in the wild. 14 ‘‘(D) EXOTIC OR WILD ANIMAL.— 15 ‘‘(i) IN GENERAL.—The term ‘exotic 16 or wild animal’ means— 17 ‘‘(I) any animal that is or has 18 historically been found in the wild or 19 in the wild state, regardless of wheth- 20 er the animal was bred or born in the 21 wild or in captivity; and 22 ‘‘(II) any hybrid of an animal de- 23 scribed in subclause (I), including a 24 VerDate Sep 11 2014 00:26 Jul 18, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2121.IS S2121 kjohnson on DSK79L0C42 with BILLS 7 •S 2121 IS hybrid cross with a domestic animal 1 or farm animal. 2 ‘‘(ii) INCLUSIONS.—The term ‘exotic 3 or wild animal’ includes— 4 ‘‘(I) canidae (except domestic 5 dogs); 6 ‘‘(II) cetartiodactyla (except al- 7 pacas, bison, cattle, deer, elk, goats, 8 llamas, reindeer, swine, and sheep); 9 ‘‘(III) crocodilia; 10 ‘‘(IV) edentata; 11 ‘‘(V) elasmobranchii; 12 ‘‘(VI) felidae (except domestic 13 cats); 14 ‘‘(VII) hyaenidae; 15 ‘‘(VIII) marsupialia; 16 ‘‘(IX) mustelidae; 17 ‘‘(X) nonhuman primates; 18 ‘‘(XI) perissodactyla (except 19 horses, donkeys, and mules); 20 ‘‘(XII) pinnipedia; 21 ‘‘(XIII) proboscidea; 22 ‘‘(XIV) procyonidae; 23 ‘‘(XV) ratites; 24 ‘‘(XVI) spheniscidae; 25 VerDate Sep 11 2014 00:26 Jul 18, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2121.IS S2121 kjohnson on DSK79L0C42 with BILLS 8 •S 2121 IS ‘‘(XVII) testudinidae; 1 ‘‘(XVIII) ursidae; 2 ‘‘(XIX) varanidae; and 3 ‘‘(XX) viverridae. 4 ‘‘(iii) EXCLUSION.—The term ‘exotic 5 or wild animal’ does not include any ani- 6 mal that is a domestic animal or farm ani- 7 mal. 8 ‘‘(E) FARM ANIMAL.—The term ‘farm ani- 9 mal’ means an alpaca, cow, sheep, swine, goat, 10 llama, poultry, rabbit, horse, mule, or donkey. 11 ‘‘(F) MOBILE OR TRAVELING HOUSING FA- 12 CILITY.—The term ‘mobile or traveling housing 13 facility’ means a transporting vehicle, such as a 14 truck, car, trailer, airplane, ship, or railway car, 15 used to transport or house an animal while 16 traveling to, from, or between locations for per- 17 formance purposes. 18 ‘‘(G) PERFORMANCE.—The term ‘perform- 19 ance’ means any animal act, circus, ride, car- 20 nival, display, exhibition, fair, parade, petting 21 zoo, race, performance, or similar undertaking 22 in which an animal is required to perform 23 tricks, give rides, or participate as an accom- 24 VerDate Sep 11 2014 00:26 Jul 18, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2121.IS S2121 kjohnson on DSK79L0C42 with BILLS 9 •S 2121 IS paniment for the entertainment, amusement, or 1 benefit of an audience. 2 ‘‘(H) TRAVELING ANIMAL ACT.—The term 3 ‘traveling animal act’ means any performance 4 of an animal for which the animal is trans- 5 ported to, from, or between locations for the 6 purpose of performance in a mobile or traveling 7 housing facility. 8 ‘‘(I) WILDLIFE SANCTUARY.—The term 9 ‘wildlife sanctuary’ means an organization 10 that— 11 ‘‘(i) is described in sections 12 170(b)(1)(A)(vi) and 501(c)(3) of the In- 13 ternal Revenue Code of 1986; 14 ‘‘(ii) is a place of refuge that provides 15 care for abused, neglected, unwanted, im- 16 pounded, abandoned, orphaned, or dis- 17 placed wildlife for the lifetime of the wild- 18 life; and 19 ‘‘(iii) does not— 20 ‘‘(I) engage in commercial trade 21 in any exotic or wild animal, includ- 22 ing— 23 VerDate Sep 11 2014 00:26 Jul 18, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2121.IS S2121 kjohnson on DSK79L0C42 with BILLS 10 •S 2121 IS ‘‘(aa) the sale of any animal, 1 animal part, or derivative off- 2 spring; 3 ‘‘(bb) photographic opportu- 4 nities; and 5 ‘‘(cc) public events for finan- 6 cial profit or an entertainment 7 purpose; 8 ‘‘(II) breed any exotic or wild 9 animal; 10 ‘‘(III) permit unescorted public 11 visitation; 12 ‘‘(IV) permit direct contact be- 13 tween the public and any exotic or 14 wild animal; or 15 ‘‘(V) remove any exotic or wild 16 animal from a sanctuary or enclosure 17 for exhibition or performance. 18 ‘‘(2) PROHIBITED USE OF EXOTIC AND WILD 19 ANIMALS.—Subject to paragraph (3), no person 20 shall cause a performance of, or allow for the par- 21 ticipation of, an exotic or wild animal in a traveling 22 animal act. 23 ‘‘(3) EXCEPTIONS.—Paragraph (2) shall not 24 apply to— 25 VerDate Sep 11 2014 00:26 Jul 18, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2121.IS S2121 kjohnson on DSK79L0C42 with BILLS 11 •S 2121 IS ‘‘(A) the use of an exotic or wild animal— 1 ‘‘(i) in an exhibition at a nonmobile, 2 permanent institution, zoo, or aquarium 3 accredited by the Association of Zoos and 4 Aquariums, the World Association of Zoos 5 and Aquariums, or the Global Federation 6 of Animal Sanctuaries; 7 ‘‘(ii) as part of an environmental edu- 8 cation program by a facility accredited by 9 the Association of Zoos and Aquariums, if 10 the animal used as part of the program is 11 not— 12 ‘‘(I) used for more than 180 total 13 days during a year; and 14 ‘‘(II) kept in a mobile or trav- 15 eling housing facility for more than 16 12 total hours during a day; 17 ‘‘(iii) by an institution of higher edu- 18 cation, laboratory, or other research facil- 19 ity registered under section 6 for the pur- 20 pose of conducting research; 21 ‘‘(iv) in film, television, or advertising, 22 if the use does not involve a live animal ex- 23 hibition conducted before a public studio 24 audience; or 25 VerDate Sep 11 2014 00:26 Jul 18, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2121.IS S2121 kjohnson on DSK79L0C42 with BILLS 12 •S 2121 IS ‘‘(v) in a rodeo; 1 ‘‘(B) the use of an exotic or wild animal by 2 a wildlife rehabilitator in an exhibition or envi- 3 ronmental education program relating to indige- 4 nous animals— 5 ‘‘(i) that is permitted by the relevant 6 jurisdiction; 7 ‘‘(ii) that is accredited or certified by 8 the National Wildlife Rehabilitators Asso- 9 ciation or the International Wildlife Reha- 10 bilitation Council; and 11 ‘‘(iii) if the exotic or wild animal is 12 kept in a mobile or traveling housing facil- 13 ity for not more than 12 total hours during 14 a day; 15 ‘‘(C) a federally permitted falconer; or 16 ‘‘(D) a wildlife sanctuary. 17 ‘‘(4) PENALTY.—Any person that fails to com- 18 ply with this subsection shall be subject to the en- 19 forcement and penalties described in sections 16, 19, 20 and 29.’’. 21 SEC. 4. RELATIONSHIP WITH OTHER LAW. 22 (a) IN GENERAL.—Nothing in the amendments made 23 by this Act— 24 VerDate Sep 11 2014 00:26 Jul 18, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2121.IS S2121 kjohnson on DSK79L0C42 with BILLS 13 •S 2121 IS (1) authorizes the interstate transport of any 1 species listed as threatened or endangered under the 2 Endangered Species Act of 1973 (16 U.S.C. 1531 et 3 seq.); or 4 (2) waives any requirement to comply with any 5 regulation issued under the Animal Welfare Act (7 6 U.S.C. 2131 et seq.). 7 (b) SUPPLEMENT NOT SUPPLANT.—The amend- 8 ments made by this Act— 9 (1) are in addition to, and not in lieu of, any 10 other laws protecting animal welfare; and 11 (2) do not limit any other Federal, State, or 12 local law or rule that more stringently protects the 13 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 enactment 17 of this Act. 18 Æ VerDate Sep 11 2014 00:26 Jul 18, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6301 E:\BILLS\S2121.IS S2121 kjohnson on DSK79L0C42 with BILLS