,,ii #aafth ,,congress #ast ,session ,s4 #baba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ae1 #bjai,mr4 ,menendez 7for himself1 ,mr4 ,blumenthal1 and ,mr4 ,booker7 introduced the following bill2 which was read twice and referred to the ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,,bill ,to amend the ,animal ,welfare ,act to restrict the use of exotic and wild animals in traveling performances4 #a4 ,short title ,this ,act may be cited as the ,traveling ,exotic ,animal and ,public ,safety ,protection ,act of #bjai4 #b4 ,findings ,congress finds that-- 7#a7 conditions inherent to traveling performances1 including constant travel1 temporary and collapsible facilities1 and the prolonged confinement and physical coercion of animals1 subject exotic and wild animals to compromised welfare and chronic stress1 and present public and worker health and safety risks not adequately addressed by current regulations2 7#b7 current regulatory oversight of traveling performances is complex and costly1 and those costs are not typically recouped via licensing fees but are left to the taxpayer2 7#c7 the frequent mobility of traveling performances complicates oversight such that agencies and authorities cannot properly monitor1 evaluate1 or follow through regarding the condition of animals or facilities1 or their history of potential injuries1 incidents1 illnesses1 violations1 or other issues1 and so cannot properly protect animals1 workers1 or the public2 7#d7 traveling exotic and wild animal performances use collapsible1 temporary1 mobile facilities1 which risk escape and serious harm to animals1 workers1 and the public2 7#e7 traveling exotic and wild animal performances present safety risks by permitting or not preventing public contact and by displaying animals in inappropriate1 uncontrolled areas in dangerous proximity to humans and other animals2 7#f7 exotic and wild animals have intrinsic value2 7#g7 the wild instincts and needs of exotic and wild animals are unpredictable and not naturally suited to traveling performances1 and exotic and wild animals thus suffer as a result of being unable to fulfill instinctive natural behaviors2 7#h7 exotic and wild animals used in traveling performances suffer severe and extended confinement1 and1 deprived of natural movements and behaviors1 are prone to chronic stress and behavioral1 health1 and psychological problems2 7#i7 exotic and wild animals are forced to perform unnatural tricks requiring extreme physical coercion1 including the use of food and water restrictions1 electric shock devices1 bullhooks1 metal bars1 whips1 shovels1 pitchforks1 and other abuses2 7#aj7 it is not necessary to use exotic or wild animals in traveling performances to experience the circus or similar events2 7#aa7 using exotic or wild animals as commodities traded for traveling performances adds nothing to the understanding and conservation of those animals and the natural environment1 and actually undermines conservation efforts necessary to protect threatened and endangered species2 7#ab7 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 model1 which inherently and significantly restricts the natural movements and behaviors of animals1 and in which abuse is prevalent and oversight problematic2 7#ac7 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 commerce2 7#ad7 it is essential to regulate the use of exotic or wild animals in traveling performances to ensure the humane care and treatment of animals2 and 7#ae7 restricting the use of exotic and wild animals in traveling performances is the most cost-effective and efficient way to safeguard animals1 workers1 and the public4 #c4 ,use of exotic or wild animals in traveling performances prohibited ,section #ac of the ,animal ,welfare ,act 7#g ,u4,s4,c4 #badc7 is amended-- 7#a7 by redesignating subsections 7g7 and 7h7 as subsections 7h7 and 7i71 respectively2 7#b7 by redesignating the second subsection 7f7 7relating to delivery of animals by a dealer1 research facility1 exhibitor1 or government7 as subsection 7g72 and 7#c7 by adding at the end the following3 7j7 ,prohibition of exotic and wild animals in traveling performances 7#a7 ,definitions ,in this subsection3 7,a7 ,cause a performance ,the term cause a performance means-- 7i7 to be responsible for a performance2 7ii7 to financially benefit as an owner or operator from a performance2 and 7iii7 to sponsor a performance4 7,b7 ,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 animal1 such as a domestic dog 7including a service dog71 domestic cat1 ferret1 gerbil1 horse1 mouse1 rat1 guinea pig1 rabbit1 or hamster4 7,c7 ,environmental education program ,the term environmental education program means a program1 which may be an animal exhibition1 that-- 7i7 is professionally designed to impart knowledge or information for educational or conservation purposes about the natural behavior1 habitat1 and life cycle of an animal1 or similar pedagogical information1 by an individual qualified to impart that information2 and 7ii7 does not include any performance of behavior of an animal that does not naturally occur for that animal in the wild4 7,d7 ,exotic or wild animal 7i7 ,in general ,the term exotic or wild animal means-- 7,i7 any animal that is or has historically been found in the wild or in the wild state1 regardless of whether the animal was bred or born in the wild or in captivity2 and 7,,ii7 any hybrid of an animal described in subclause 7,i71 including a hybrid cross with a domestic animal or farm animal4 7ii7 ,inclusions ,the term exotic or wild animal includes-- 7,i7 canidae 7except domestic dogs72 7,,ii7 cetartiodactyla 7except alpacas1 bison1 cattle1 deer1 elk1 goats1 llamas1 reindeer1 swine1 and sheep72 7,,iii7 crocodilia2 7,,iv7 edentata2 7,v7 elasmobranchii2 7,,vi7 felidae 7except domestic cats72 7,,vii7 hyaenidae2 7,,viii7 marsupialia2 7,,ix7 mustelidae2 7,x7 nonhuman primates2 7,,xi7 perissodactyla 7except horses1 donkeys1 and mules72 7,,xii7 pinnipedia2 7,,xiii7 proboscidea2 7,,xiv7 procyonidae2 7,,xv7 ratites2 7,,xvi7 spheniscidae2 7,,xvii7 testudinidae2 7,,xviii7 ursidae2 7,,xix7 varanidae2 and 7,,xx7 viverridae4 7iii7 ,exclusion ,the term exotic or wild animal does not include any animal that is a domestic animal or farm animal4 7,e7 ,farm animal ,the term farm animal means an alpaca1 cow1 sheep1 swine1 goat1 llama1 poultry1 rabbit1 horse1 mule1 or donkey4 7,f7 ,mobile or traveling housing facility ,the term mobile or traveling housing facility means a transporting vehicle1 such as a truck1 car1 trailer1 airplane1 ship1 or railway car1 used to transport or house an animal while traveling to1 from1 or between locations for performance purposes4 7,g7 ,performance ,the term performance means any animal act1 circus1 ride1 carnival1 display1 exhibition1 fair1 parade1 petting zoo1 race1 performance1 or similar undertaking in which an animal is required to perform tricks1 give rides1 or participate as an accompaniment for the entertainment1 amusement1 or benefit of an audience4 7,h7 ,traveling animal act ,the term traveling animal act means any performance of an animal for which the animal is transported to1 from1 or between locations for the purpose of performance in a mobile or traveling housing facility4 7,i7 ,wildlife sanctuary ,the term wildlife sanctuary means an organization that-- 7i7 is described in sections #agj7;b77#a77;,a77vi7 and #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf2 7ii7 is a place of refuge that provides care for abused1 neglected1 unwanted1 impounded1 abandoned1 orphaned1 or displaced wildlife for the lifetime of the wildlife2 and 7iii7 does not-- 7,i7 engage in commercial trade in any exotic or wild animal1 including-- 7aa7 the sale of any animal1 animal part1 or derivative offspring2 7bb7 photographic opportunities2 and 7cc7 public events for financial profit or an entertainment purpose2 7,,ii7 breed any exotic or wild animal2 7,,iii7 permit unescorted public visitation2 7,,iv7 permit direct contact between the public and any exotic or wild animal2 or 7,v7 remove any exotic or wild animal from a sanctuary or enclosure for exhibition or performance4 7#b7 ,prohibited use of exotic and wild animals ,subject to paragraph 7#c71 no person shall cause a performance of1 or allow for the participation of1 an exotic or wild animal in a traveling animal act4 7#c7 ,exceptions ,paragraph 7#b7 shall not apply to-- 7,a7 the use of an exotic or wild animal-- 7i7 in an exhibition at a nonmobile1 permanent institution1 zoo1 or aquarium accredited by the ,association of ,zoos and ,aquariums1 the ,world ,association of ,zoos and ,aquariums1 or the ,global ,federation of ,animal ,sanctuaries2 7ii7 as part of an environmental education program by a facility accredited by the ,association of ,zoos and ,aquariums1 if the animal used as part of the program is not-- 7,i7 used for more than #ahj total days during a year2 and 7,,ii7 kept in a mobile or traveling housing facility for more than #ab total hours during a day2 7iii7 by an institution of higher education1 laboratory1 or other research facility registered under section #f for the purpose of conducting research2 7iv7 in film1 television1 or advertising1 if the use does not involve a live animal exhibition conducted before a public studio audience2 or 7v7 in a rodeo2 7,b7 the use of an exotic or wild animal by a wildlife rehabilitator in an exhibition or environmental education program relating to indigenous animals-- 7i7 that is permitted by the relevant jurisdiction2 7ii7 that is accredited or certified by the ,national ,wildlife ,rehabilitators ,association or the ,international ,wildlife ,rehabilitation ,council2 and 7iii7 if the exotic or wild animal is kept in a mobile or traveling housing facility for not more than #ab total hours during a day2 7,c7 a federally permitted falconer2 or 7,d7 a wildlife sanctuary4 7#d7 ,penalty ,any person that fails to comply with this subsection shall be subject to the enforcement and penalties described in sections #af1 #ai1 and #bi4 4 #d4 ,relationship with other law 7a7 ,in general ,nothing in the amendments made by this ,act-- 7#a7 authorizes the interstate transport of any species listed as threatened or endangered under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 or 7#b7 waives any requirement to comply with any regulation issued under the ,animal ,welfare ,act 7#g ,u4,s4,c4 #baca et seq474 7b7 ,supplement not supplant ,the amendments made by this ,act-- 7#a7 are in addition to1 and not in lieu of1 any other laws protecting animal welfare2 and 7#b7 do not limit any other ,federal1 ,state1 or local law or rule that more stringently protects the welfare of animals4 #e4 ,effective date ,the amendments made by this ,act shall take effect on the date that is #a year after the date of enactment of this ,act4