H.R. 10774

SWIMS Act of 2026

Sponsor: Suzan K. DelBene

24 cosponsors
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Official summary

Written by the Congressional Research Service.

Strengthening Welfare in Marine Settings Act of 2026 or the SWIMS Act of 2026

This bill establishes prohibitions on capturing, importing, exporting, or breeding of orcas, beluga whales, false killer whales, or pilot whales for the purpose of public display.

Specifically, the bill prohibits the National Oceanic and Atmospheric Administration from issuing any permit under the Marine Mammal Protection Act of 1972 that authorizes the taking (e.g., capturing) or importation of such orcas or whales for the purpose of public display. The bill further revises the act to make it unlawful to export such orcas or whales, unless they are being transported to marine mammal sanctuaries or for release into the wild.

Further, the bill makes it unlawful under the Animal Welfare Act for any person to breed or artificially inseminate such marine mammals for purposes of using their progeny for public display.

Text of the bill

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Sec. 2. Findings; Sense of Congress

(a) Findings. Congress finds the following:

(1) Certain cetaceans, namely orcas, beluga whales, false killer whales, and pilot whales are large-brained mammals who engage in creative problem solving, intentional communication, show signs of empathy for others and complex emotions, and form lifelong bonds.

(2) Science increasingly supports that the species listed in paragraph (1) suffer in captivity. They die prematurely, engage in stereotypic behavior that is indicative of suffering and distress, are held in barren tanks, and are sometimes isolated from members of their own species, among other harms.

(3) Current Federal laws allow the species listed in paragraph (1) to be confined in concrete tanks that fail to meet their basic psychological, physical, and social needs.

(b) Sense of Congress. It is the sense of Congress that the species listed in paragraph (1) of subsection (a) should not be subject to restraint, coercion, or control by any person for purposes of public display.