II 

117TH CONGRESS 

1ST SESSION S. 3220 

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 

NOVEMBER 17, 2021 

Mr. MENENDEZ 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Traveling Exotic Ani5 mal and Public Safety Protection Act of 2021’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) conditions inherent to traveling perform9 ances, including constant travel, temporary and col10 lapsible facilities, and the prolonged confinement 


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1 and physical coercion of animals, subject exotic and 

2 wild animals to compromised welfare and chronic 

3 stress, and present public and worker health and 

4 safety risks not adequately addressed by current reg5 ulations; 

6 (2) current regulatory oversight of traveling 

7 performances is complex and costly, and those costs 

8 are not typically recouped via licensing fees but are 

9 left to the taxpayer; 

10 (3) the frequent mobility of traveling perform11 ances complicates oversight such that agencies and 

12 authorities cannot properly monitor, evaluate, or fol13 low through regarding the condition of animals or 

14 facilities, or their history of potential injuries, inci15 dents, illnesses, violations, or other issues, and so 

16 cannot properly protect animals, workers, or the 

17 public; 

18 (4) traveling exotic and wild animal perform19 ances use collapsible, temporary, mobile facilities, 

20 which risk escape and serious harm to animals, 

21 workers, and the public; 

22 (5) traveling exotic and wild animal perform23 ances present safety risks by permitting or not pre24 venting public contact and by displaying animals in 


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1 inappropriate, uncontrolled areas in dangerous prox2 imity to humans and other animals; 

3 (6) exotic and wild animals have intrinsic value; 

4 (7) the wild instincts and needs of exotic and 

5 wild animals are unpredictable and not naturally 

6 suited to traveling performances, and exotic and wild 

7 animals thus suffer as a result of being unable to 

8 fulfill instinctive natural behaviors; 

9 (8) exotic and wild animals used in traveling 

10 performances suffer severe and extended confine11 ment, and, deprived of natural movements and be12 haviors, are prone to chronic stress and behavioral, 

13 health, and psychological problems; 

14 (9) exotic and wild animals are forced to per15 form unnatural tricks requiring extreme physical co16 ercion, including the use of food and water restric17 tions, electric shock devices, bullhooks, metal bars, 

18 whips, shovels, pitchforks, and other abuses; 

19 (10) it is not necessary to use exotic or wild 

20 animals in traveling performances to experience the 

21 circus or similar events; 

22 (11) using exotic or wild animals as commod23 ities traded for traveling performances adds nothing 

24 to the understanding and conservation of those ani25 mals and the natural environment, and actually unVerDate Sep 11 2014 22:40 Nov 18, 2021 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3220.IS S3220

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1 dermines conservation efforts necessary to protect 

2 threatened and endangered species; 

3 (12) it is not possible to provide or ensure pub4 lic and worker safety or appropriate physical and 

5 mental welfare of exotic and wild animals under the 

6 traveling performance business model, which inher7 ently and significantly restricts the natural move8 ments and behaviors of animals, and in which abuse 

9 is prevalent and oversight problematic; 

10 (13) the use of exotic or wild animals in trav11 eling performances is or substantially affects inter12 state or foreign commerce and the free flow of inter13 state or foreign commerce; 

14 (14) it is essential to regulate the use of exotic 

15 or wild animals in traveling performances to ensure 

16 the humane care and treatment of animals; and 

17 (15) restricting the use of exotic and wild ani18 mals in traveling performances is the most cost-ef19 fective and efficient way to safeguard animals, work20 ers, and the public. 

21 SEC. 3. USE OF EXOTIC OR WILD ANIMALS IN TRAVELING 

22 PERFORMANCES PROHIBITED. 

23 Section 13 of the Animal Welfare Act (7 U.S.C. 

24 2143) is amended— 


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1 (1) by redesignating subsections (g) and (h) as 

2 subsections (h) and (i), respectively; 

3 (2) by redesignating the second subsection (f) 

4 (relating to delivery of animals by a dealer, research 

5 facility, exhibitor, or government) as subsection (g); 

6 and 

7 (3) by adding at the end the following: 

8 ‘‘(j) PROHIBITION OF EXOTIC AND WILD ANIMALS

9 IN TRAVELING PERFORMANCES.— 

10 ‘‘(1) DEFINITIONS.—In this subsection: 

11 ‘‘(A) CAUSE A PERFORMANCE.—The term 

12 ‘cause a performance’ means— 

13 ‘‘(i) to be responsible for a perform14 ance; 

15 ‘‘(ii) to financially benefit as an owner 

16 or operator from a performance; or 

17 ‘‘(iii) to sponsor a performance. 

18 ‘‘(B) DOMESTIC ANIMAL.—The term ‘do19 mestic animal’ means any animal that is nor20 mally maintained as a companion or pet animal 

21 in or near the household of the owner or person 

22 who cares for the animal, such as a domestic 

23 dog (including a service dog), domestic cat, fer24 ret, gerbil, horse, mouse, rat, guinea pig, rabbit, 

25 or hamster. 


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1 ‘‘(C) ENVIRONMENTAL EDUCATION PRO2 GRAM.—The term ‘environmental education 

3 program’ means a program, which may be an 

4 animal exhibition, that— 

5 ‘‘(i) is professionally designed to im6 part knowledge or information for edu7 cational or conservation purposes about the 

8 natural behavior, habitat, and life cycle of 

9 an animal, or similar pedagogical informa10 tion, by an individual qualified to impart 

11 that information; and 

12 ‘‘(ii) does not include any performance 

13 of behavior of an animal that does not nat14 urally occur for that animal in the wild. 

15 ‘‘(D) EXOTIC OR WILD ANIMAL.— 

16 ‘‘(i) IN GENERAL.—The term ‘exotic 

17 or wild animal’ means— 

18 ‘‘(I) any animal that is or has 

19 historically been found in the wild or 

20 in the wild state, regardless of wheth21 er the animal was bred or born in the 

22 wild or in captivity; and 

23 ‘‘(II) any hybrid of an animal de24 scribed in subclause (I), including a 


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1 hybrid cross with a domestic animal 

2 or farm animal. 

3 ‘‘(ii) INCLUSIONS.—The term ‘exotic 

4 or wild animal’ includes— 

5 ‘‘(I) canidae (except domestic 

6 dogs); 

7 ‘‘(II) cetartiodactyla (except al8 pacas, bison, cattle, deer, elk, goats, 

9 llamas, reindeer, swine, and sheep); 

10 ‘‘(III) crocodilia; 

11 ‘‘(IV) edentata; 

12 ‘‘(V) elasmobranchii; 

13 ‘‘(VI) felidae (except domestic 

14 cats); 

15 ‘‘(VII) hyaenidae; 

16 ‘‘(VIII) marsupialia; 

17 ‘‘(IX) mustelidae; 

18 ‘‘(X) nonhuman primates; 

19 ‘‘(XI) perissodactyla (except 

20 horses, donkeys, and mules); 

21 ‘‘(XII) pinnipedia; 

22 ‘‘(XIII) proboscidea; 

23 ‘‘(XIV) procyonidae; 

24 ‘‘(XV) ratites; 

25 ‘‘(XVI) spheniscidae; 


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1 ‘‘(XVII) testudinidae; 

2 ‘‘(XVIII) ursidae; 

3 ‘‘(XIX) varanidae; and 

4 ‘‘(XX) viverridae. 

5 ‘‘(iii) EXCLUSION.—The term ‘exotic 

6 or wild animal’ does not include any ani7 mal that is a domestic animal or farm ani8 mal. 

9 ‘‘(E) FARM ANIMAL.—The term ‘farm ani10 mal’ means an alpaca, cow, sheep, swine, goat, 

11 llama, poultry, rabbit, horse, mule, or donkey. 

12 ‘‘(F) MOBILE OR TRAVELING HOUSING FA13 CILITY.—The term ‘mobile or traveling housing 

14 facility’ means a transporting vehicle, such as a 

15 truck, car, trailer, airplane, ship, or railway car, 

16 used to transport or house an animal while 

17 traveling to, from, or between locations for per18 formance purposes. 

19 ‘‘(G) PERFORMANCE.—The term ‘perform20 ance’ means any animal act, circus, ride, car21 nival, display, exhibition, fair, parade, petting 

22 zoo, race, performance, or similar undertaking 

23 in which an animal is required to perform 

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1 paniment for the entertainment, amusement, or 

2 benefit of an audience. 

3 ‘‘(H) TRAVELING ANIMAL ACT.—The term 

4 ‘traveling animal act’ means any performance 

5 of an animal for which the animal is trans6 ported in a mobile or traveling housing facility 

7 to, from, or between locations for the purpose 

8 of a performance. 

9 ‘‘(I) WILDLIFE SANCTUARY.—The term 

10 ‘wildlife sanctuary’ means an organization 

11 that— 

12 ‘‘(i) is described in sections 

13 170(b)(1)(A)(vi) and 501(c)(3) of the In14 ternal Revenue Code of 1986; 

15 ‘‘(ii) is a place of refuge that provides 

16 care for abused, neglected, unwanted, im17 pounded, abandoned, orphaned, or dis18 placed exotic or wild animals for the life19 time of the exotic or wild animals; and 

20 ‘‘(iii) does not— 

21 ‘‘(I) engage in commercial trade 

22 in any exotic or wild animal, includ23 ing— 


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1 ‘‘(aa) the sale of any animal, 

2 animal part, or derivative off3 spring; 

4 ‘‘(bb) photographic opportu5 nities; and 

6 ‘‘(cc) public events for finan7 cial profit or an entertainment 

8 purpose; 

9 ‘‘(II) breed any exotic or wild 

10 animal; 

11 ‘‘(III) permit unescorted public 

12 visitation; 

13 ‘‘(IV) permit direct contact be14 tween the public and any exotic or 

15 wild animal; or 

16 ‘‘(V) remove any exotic or wild 

17 animal from a sanctuary or enclosure 

18 for exhibition or performance. 

19 ‘‘(2) PROHIBITED USE OF EXOTIC AND WILD

20 ANIMALS.—Subject to paragraph (3), no person 

21 shall cause a performance of, or allow for the par22 ticipation of, an exotic or wild animal in a traveling 

23 animal act. 

24 ‘‘(3) EXCEPTIONS.—Paragraph (2) shall not 

25 apply to— 


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1 ‘‘(A) the use of an exotic or wild animal— 

2 ‘‘(i) in an exhibition at a nonmobile, 

3 permanent institution, zoo, or aquarium 

4 accredited by the Association of Zoos and 

5 Aquariums, the World Association of Zoos 

6 and Aquariums, the Global Federation of 

7 Animal Sanctuaries, or the Alliance of Ma8 rine Mammal Parks and Aquariums; 

9 ‘‘(ii) as part of an environmental edu10 cation program by a facility accredited by 

11 the Association of Zoos and Aquariums or 

12 the Alliance of Marine Mammal Parks and 

13 Aquariums, if the animal used as part of 

14 the program is not— 

15 ‘‘(I) used for more than 180 total 

16 days during a year; and 

17 ‘‘(II) kept in a mobile or trav18 eling housing facility for more than 

19 12 total hours during a day; 

20 ‘‘(iii) by an institution of higher edu21 cation, laboratory, or other research facil22 ity registered under section 6 for the pur23 pose of conducting research; 

24 ‘‘(iv) in film, television, or advertising, 

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1 hibition conducted before a public studio 

2 audience; or 

3 ‘‘(v) in a rodeo; 

4 ‘‘(B) the use of an indigenous wild animal 

5 by a wildlife rehabilitator in an environmental 

6 education program— 

7 ‘‘(i) that is permitted by the relevant 

8 jurisdiction; 

9 ‘‘(ii) that is accredited or certified by 

10 the National Wildlife Rehabilitators Asso11 ciation or the International Wildlife Reha12 bilitation Council; and 

13 ‘‘(iii) if the exotic or wild animal is 

14 kept in a mobile or traveling housing facil15 ity for not more than 12 total hours during 

16 a day; 

17 ‘‘(C) a federally permitted falconer; or 

18 ‘‘(D) a wildlife sanctuary. 

19 ‘‘(4) PENALTY.—Any person that fails to com20 ply with this subsection shall be subject to the en21 forcement and penalties described in sections 16, 19, 

22 and 29. 

23 ‘‘(5) RELATIONSHIP WITH OTHER LAW.— 

24 ‘‘(A) IN GENERAL.—Nothing in this sub25 section— 


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1 ‘‘(i) authorizes the interstate trans2 port of any species listed as threatened or 

3 endangered under the Endangered Species 

4 Act of 1973 (16 U.S.C. 1531 et seq.); or 

5 ‘‘(ii) waives any requirement to com6 ply with any regulation issued under this 

7 Act. 

8 ‘‘(B) SUPPLEMENT NOT SUPPLANT.—The 

9 standards and requirements of this sub10 section— 

11 ‘‘(i) are in addition to, and not in lieu 

12 of, any other laws protecting animal wel13 fare; and 

14 ‘‘(ii) do not limit any other Federal, 

15 State, or local law or rule that more strin16 gently protects the welfare of animals. 

17 ‘‘(C) PREEMPTION.—No State or political 

18 subdivision of a State may establish or continue 

19 to enforce any standards, requirements, or reg20 ulations with respect to causing a performance 

21 of, or allowing for the participation of, an exotic 

22 or wild animal in a traveling animal act that 

23 are inconsistent with or less stringent than the 

24 standards and requirements under this sub25 section.’’. 


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1 SEC. 4. EFFECTIVE DATE. 

2 The amendments made by this Act shall take effect 

3 on the date that is 1 year after the date of enactment 

4 of this Act. 

Æ 


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