HR 10774 — 119th Congress

SWIMS Act of 2026

Introduced Oct 9, 2026 Open for voting
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Regulatory or Legal Changes Top 2

Ban on Export of Certain Cetaceans for Public Display

Bans the export of orcas, beluga whales, false killer whales, and pilot whales, with narrow exceptions for transfer to qualifying marine mammal sanctuaries or release to the wild. Prohibits the federal government from issuing any permit to take or import orcas, beluga whales, false killer whales, or pilot whales for public display, closing a previously available permit pathway.

  • Population Scope Low Only the small set of marine parks, aquariums, and display facilities that currently hold or seek to transfer covered cetaceans internationally is directly affected.
  • Budgetary Magnitude Low No funds are authorized, appropriated, or obligated by this provision.
  • Legal / Regulatory Depth High Creates a new statutory prohibition with binding legal effect — closing the previously available permit pathway for taking or importing covered cetaceans for public display, and adding an outright export ban with only two narrow exceptions.
  • Degree of Discretion Granted Medium The Secretary of Commerce (DOC) retains gatekeeping discretion to approve sanctuary transfers based on a best-interest determination, but no discretion remains to authorize any other export or import-for-display permit.
  • Implementation & Enforcement Burden Medium Enforcement relies on existing National Oceanic and Atmospheric Administration (NOAA) Marine Mammal Protection Act mechanisms, but case-by-case sanctuary-transfer review imposes recurring adjudicatory load on the Secretary of Commerce.
  • Temporal Commitment High Both prohibitions apply indefinitely upon enactment and persist until Congress affirmatively acts to repeal or amend them.
No signal yet

Regulatory or Legal Changes Top 2

Ban on Breeding Certain Cetaceans for Public Display

Makes it unlawful for any person to breed or artificially inseminate orcas, beluga whales, false killer whales, or pilot whales when the offspring would be used for public display.

  • Population Scope Low Directly affects only the narrow set of facilities — chiefly a handful of marine parks — that currently operate captive breeding or artificial insemination programs for the four covered species.
  • Budgetary Magnitude Low Same as above.
  • Legal / Regulatory Depth High Inserts a new statutory prohibition into the Animal Welfare Act creating a binding, enforceable duty on any person — not merely permit-holders — never to breed or artificially inseminate covered cetaceans for public display.
  • Degree of Discretion Granted Low The prohibition is absolute with no exception or waiver authority, leaving agencies and regulated parties no lawful discretion to deviate.
  • Implementation & Enforcement Burden Medium Enforcement falls under existing U.S. Department of Agriculture (USDA) Animal Welfare Act authority, adding a new category of violation to monitor across existing licensees without requiring new infrastructure.
  • Temporal Commitment High Persists indefinitely until Congress affirmatively acts to repeal it.
No signal yet

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Summary

The Strengthening Welfare in Marine Settings Act (SWIMS Act) of 2026 would ban the capture, import, export, and captive breeding of orcas, beluga whales, false killer whales, and pilot whales for public display. It amends the Marine Mammal Protection Act of 1972 and the Animal Welfare Act to make these activities unlawful, with narrow exceptions allowing export only to a qualified marine mammal sanctuary or for release to the wild.

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Version Event Date User support Your vote Roll calls
Original
Initial publication
Oct 9, 2026
Oct 9, 2026 No votes yet — —

Regulatory or Legal Changes Top 2

Ban on Export of Certain Cetaceans for Public Display

Bans the export of orcas, beluga whales, false killer whales, and pilot whales, with narrow exceptions for transfer to qualifying marine mammal sanctuaries or release to the wild. Prohibits the federal government from issuing any permit to take or import orcas, beluga whales, false killer whales, or pilot whales for public display, closing a previously available permit pathway.

  • Population Scope Low Only the small set of marine parks, aquariums, and display facilities that currently hold or seek to transfer covered cetaceans internationally is directly affected.
  • Budgetary Magnitude Low No funds are authorized, appropriated, or obligated by this provision.
  • Legal / Regulatory Depth High Creates a new statutory prohibition with binding legal effect — closing the previously available permit pathway for taking or importing covered cetaceans for public display, and adding an outright export ban with only two narrow exceptions.
  • Degree of Discretion Granted Medium The Secretary of Commerce (DOC) retains gatekeeping discretion to approve sanctuary transfers based on a best-interest determination, but no discretion remains to authorize any other export or import-for-display permit.
  • Implementation & Enforcement Burden Medium Enforcement relies on existing National Oceanic and Atmospheric Administration (NOAA) Marine Mammal Protection Act mechanisms, but case-by-case sanctuary-transfer review imposes recurring adjudicatory load on the Secretary of Commerce.
  • Temporal Commitment High Both prohibitions apply indefinitely upon enactment and persist until Congress affirmatively acts to repeal or amend them.
No signal yet

Regulatory or Legal Changes

Ban on Export of Certain Cetaceans for Public Display

Regulatory or Legal Changes Top 2

Ban on Breeding Certain Cetaceans for Public Display

Makes it unlawful for any person to breed or artificially inseminate orcas, beluga whales, false killer whales, or pilot whales when the offspring would be used for public display.

  • Population Scope Low Directly affects only the narrow set of facilities — chiefly a handful of marine parks — that currently operate captive breeding or artificial insemination programs for the four covered species.
  • Budgetary Magnitude Low Same as above.
  • Legal / Regulatory Depth High Inserts a new statutory prohibition into the Animal Welfare Act creating a binding, enforceable duty on any person — not merely permit-holders — never to breed or artificially inseminate covered cetaceans for public display.
  • Degree of Discretion Granted Low The prohibition is absolute with no exception or waiver authority, leaving agencies and regulated parties no lawful discretion to deviate.
  • Implementation & Enforcement Burden Medium Enforcement falls under existing U.S. Department of Agriculture (USDA) Animal Welfare Act authority, adding a new category of violation to monitor across existing licensees without requiring new infrastructure.
  • Temporal Commitment High Persists indefinitely until Congress affirmatively acts to repeal it.
No signal yet

Regulatory or Legal Changes

Ban on Breeding Certain Cetaceans for Public Display