Bill Summary
This legislation, known as the Traveling Exotic Animal and Public Safety Protection Act of 2019, aims to amend the Animal Welfare Act in order to restrict the use of exotic and wild animals in traveling performances. This includes circuses, rides, carnivals, petting zoos, and other similar events where the animals are transported to different locations. The bill cites findings that these types of performances put animals at risk for compromised welfare and chronic stress, as well as pose safety risks to the public and workers. It also states that the current regulatory oversight is complex and costly, and that it is not necessary to use exotic or wild animals in these types of performances. The bill defines terms such as "domestic animal," "exotic or wild animal," and "performance," and prohibits the use of exotic and wild animals in traveling performances, except for certain exceptions such as accredited zoos and aquariums, research facilities, and wildlife sanctuaries. It also specifies that the amendments made by the bill are in addition to, not in lieu of, any other laws protecting animal welfare. The effective date for the bill would be one year after its enactment.
Possible Impacts
1. People who own or operate traveling animal shows may be affected by this legislation as they will no longer be able to use exotic or wild animals in their performances. This could impact their business and potential profits.
2. Workers who are employed by traveling animal shows may also be affected as they may lose their jobs if the use of exotic and wild animals is prohibited. They may need to find new employment or change careers.
3. Animal rights activists and organizations may see this legislation as a victory and feel empowered to continue fighting for the welfare of animals used in entertainment. This could lead to increased pressure on other industries that use animals for profit.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2121 Introduced in Senate (IS)]
<DOC>
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) introduced
the following bill; which was read twice and referred to the Committee
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Traveling Exotic Animal and Public
Safety Protection Act of 2019''.
SEC. 2. FINDINGS.
Congress finds that--
(1) conditions inherent to traveling performances,
including constant travel, temporary and collapsible
facilities, and the prolonged confinement and physical coercion
of animals, subject exotic and wild animals to compromised
welfare and chronic stress, and present public and worker
health and safety risks not adequately addressed by current
regulations;
(2) current regulatory oversight of traveling performances
is complex and costly, and those costs are not typically
recouped via licensing fees but are left to the taxpayer;
(3) the frequent mobility of traveling performances
complicates oversight such that agencies and authorities cannot
properly monitor, evaluate, or follow through regarding the
condition of animals or facilities, or their history of
potential injuries, incidents, illnesses, violations, or other
issues, and so cannot properly protect animals, workers, or the
public;
(4) traveling exotic and wild animal performances use
collapsible, temporary, mobile facilities, which risk escape
and serious harm to animals, workers, and the public;
(5) traveling exotic and wild animal performances present
safety risks by permitting or not preventing public contact and
by displaying animals in inappropriate, uncontrolled areas in
dangerous proximity to humans and other animals;
(6) exotic and wild animals have intrinsic value;
(7) the wild instincts and needs of exotic and wild animals
are unpredictable and not naturally suited to traveling
performances, and exotic and wild animals thus suffer as a
result of being unable to fulfill instinctive natural
behaviors;
(8) exotic and wild animals used in traveling performances
suffer severe and extended confinement, and, deprived of
natural movements and behaviors, are prone to chronic stress
and behavioral, health, and psychological problems;
(9) exotic and wild animals are forced to perform unnatural
tricks requiring extreme physical coercion, including the use
of food and water restrictions, electric shock devices,
bullhooks, metal bars, whips, shovels, pitchforks, and other
abuses;
(10) it is not necessary to use exotic or wild animals in
traveling performances to experience the circus or similar
events;
(11) using exotic or wild animals as commodities traded for
traveling performances adds nothing to the understanding and
conservation of those animals and the natural environment, and
actually undermines conservation efforts necessary to protect
threatened and endangered species;
(12) it is not possible to provide or ensure public and
worker safety or appropriate physical and mental welfare of
exotic and wild animals under the traveling performance
business model, which inherently and significantly restricts
the natural movements and behaviors of animals, and in which
abuse is prevalent and oversight problematic;
(13) the use of exotic or wild animals in traveling
performances is or substantially affects interstate or foreign
commerce and the free flow of interstate or foreign commerce;
(14) it is essential to regulate the use of exotic or wild
animals in traveling performances to ensure the humane care and
treatment of animals; and
(15) restricting the use of exotic and wild animals in
traveling performances is the most cost-effective and efficient
way to safeguard animals, workers, and the public.
SEC. 3. USE OF EXOTIC OR WILD ANIMALS IN TRAVELING PERFORMANCES
PROHIBITED.
Section 13 of the Animal Welfare Act (7 U.S.C. 2143) is amended--
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively;
(2) by redesignating the second subsection (f) (relating to
delivery of animals by a dealer, research facility, exhibitor,
or government) as subsection (g); and
(3) by adding at the end the following:
``(j) Prohibition of Exotic and Wild Animals in Traveling
Performances.--
``(1) Definitions.--In this subsection:
``(A) Cause a performance.--The term `cause a
performance' means--
``(i) to be responsible for a performance;
``(ii) to financially benefit as an owner
or operator from a performance; and
``(iii) to sponsor a performance.
``(B) Domestic animal.--The term `domestic animal'
means any animal that is normally maintained as a
companion or pet animal in or near the household of the
owner or person who cares for the animal, such as a
domestic dog (including a service dog), domestic cat,
ferret, gerbil, horse, mouse, rat, guinea pig, rabbit,
or hamster.
``(C) Environmental education program.--The term
`environmental education program' means a program,
which may be an animal exhibition, that--
``(i) is professionally designed to impart
knowledge or information for educational or
conservation purposes about the natural
behavior, habitat, and life cycle of an animal,
or similar pedagogical information, by an
individual qualified to impart that
information; and
``(ii) does not include any performance of
behavior of an animal that does not naturally
occur for that animal in the wild.
``(D) Exotic or wild animal.--
``(i) In general.--The term `exotic or wild
animal' means--
``(I) any animal that is or has
historically been found in the wild or
in the wild state, regardless of
whether the animal was bred or born in
the wild or in captivity; and
``(II) any hybrid of an animal
described in subclause (I), including a
hybrid cross with a domestic animal or
farm animal.
``(ii) Inclusions.--The term `exotic or
wild animal' includes--
``(I) canidae (except domestic
dogs);
``(II) cetartiodactyla (except
alpacas, bison, cattle, deer, elk,
goats, llamas, reindeer, swine, and
sheep);
``(III) crocodilia;
``(IV) edentata;
``(V) elasmobranchii;
``(VI) felidae (except domestic
cats);
``(VII) hyaenidae;
``(VIII) marsupialia;
``(IX) mustelidae;
``(X) nonhuman primates;
``(XI) perissodactyla (except
horses, donkeys, and mules);
``(XII) pinnipedia;
``(XIII) proboscidea;
``(XIV) procyonidae;
``(XV) ratites;
``(XVI) spheniscidae;
``(XVII) testudinidae;
``(XVIII) ursidae;
``(XIX) varanidae; and
``(XX) viverridae.
``(iii) Exclusion.--The term `exotic or
wild animal' does not include any animal that
is a domestic animal or farm animal.
``(E) Farm animal.--The term `farm animal' means an
alpaca, cow, sheep, swine, goat, llama, poultry,
rabbit, horse, mule, or donkey.
``(F) Mobile or traveling housing facility.--The
term `mobile or traveling housing facility' means a
transporting vehicle, such as a truck, car, trailer,
airplane, ship, or railway car, used to transport or
house an animal while traveling to, from, or between
locations for performance purposes.
``(G) Performance.--The term `performance' means
any animal act, circus, ride, carnival, display,
exhibition, fair, parade, petting zoo, race,
performance, or similar undertaking in which an animal
is required to perform tricks, give rides, or
participate as an accompaniment for the entertainment,
amusement, or benefit of an audience.
``(H) Traveling animal act.--The term `traveling
animal act' means any performance of an animal for
which the animal is transported to, from, or between
locations for the purpose of performance in a mobile or
traveling housing facility.
``(I) Wildlife sanctuary.--The term `wildlife
sanctuary' means an organization that--
``(i) is described in sections
170(b)(1)(A)(vi) and 501(c)(3) of the Internal
Revenue Code of 1986;
``(ii) is a place of refuge that provides
care for abused, neglected, unwanted,
impounded, abandoned, orphaned, or displaced
wildlife for the lifetime of the wildlife; and
``(iii) does not--
``(I) engage in commercial trade in
any exotic or wild animal, including--
``(aa) the sale of any
animal, animal part, or
derivative offspring;
``(bb) photographic
opportunities; and
``(cc) public events for
financial profit or an
entertainment purpose;
``(II) breed any exotic or wild
animal;
``(III) permit unescorted public
visitation;
``(IV) permit direct contact
between the public and any exotic or
wild animal; or
``(V) remove any exotic or wild
animal from a sanctuary or enclosure
for exhibition or performance.
``(2) Prohibited use of exotic and wild animals.--Subject
to paragraph (3), no person shall cause a performance of, or
allow for the participation of, an exotic or wild animal in a
traveling animal act.
``(3) Exceptions.--Paragraph (2) shall not apply to--
``(A) the use of an exotic or wild animal--
``(i) in an exhibition at a nonmobile,
permanent institution, zoo, or aquarium
accredited by the Association of Zoos and
Aquariums, the World Association of Zoos and
Aquariums, or the Global Federation of Animal
Sanctuaries;
``(ii) as part of an environmental
education program by a facility accredited by
the Association of Zoos and Aquariums, if the
animal used as part of the program is not--
``(I) used for more than 180 total
days during a year; and
``(II) kept in a mobile or
traveling housing facility for more
than 12 total hours during a day;
``(iii) by an institution of higher
education, laboratory, or other research
facility registered under section 6 for the
purpose of conducting research;
``(iv) in film, television, or advertising,
if the use does not involve a live animal
exhibition conducted before a public studio
audience; or
``(v) in a rodeo;
``(B) the use of an exotic or wild animal by a
wildlife rehabilitator in an exhibition or
environmental education program relating to indigenous
animals--
``(i) that is permitted by the relevant
jurisdiction;
``(ii) that is accredited or certified by
the National Wildlife Rehabilitators
Association or the International Wildlife
Rehabilitation Council; and
``(iii) if the exotic or wild animal is
kept in a mobile or traveling housing facility
for not more than 12 total hours during a day;
``(C) a federally permitted falconer; or
``(D) a wildlife sanctuary.
``(4) Penalty.--Any person that fails to comply with this
subsection shall be subject to the enforcement and penalties
described in sections 16, 19, and 29.''.
SEC. 4. RELATIONSHIP WITH OTHER LAW.
(a) In General.--Nothing in the amendments made by this Act--
(1) authorizes the interstate transport of any species
listed as threatened or endangered under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.); or
(2) waives any requirement to comply with any regulation
issued under the Animal Welfare Act (7 U.S.C. 2131 et seq.).
(b) Supplement Not Supplant.--The amendments made by this Act--
(1) are in addition to, and not in lieu of, any other laws
protecting animal welfare; and
(2) do not limit any other Federal, State, or local law or
rule that more stringently protects the welfare of animals.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date that
is 1 year after the date of enactment of this Act.
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