I 

112TH CONGRESS 

1ST SESSION H. R. 3359 

To amend the Animal Welfare Act to restrict the use of exotic and nondomesticated animals in traveling circuses and exhibitions. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 3, 2011 

Mr. MORAN (for himself, Mr. ROTHMAN of New Jersey, Mr. FILNER, Mr. 

YOUNG of Florida, Mr. RAHALL, Mr. STARK, Mr. KUCINICH, Mr. NADLER, Mr. VAN HOLLEN, and Mr. POLIS) introduced the following bill; 

which was referred to the Committee on Agriculture 

A BILL 

To amend the Animal Welfare Act to restrict the use of 

exotic and non-domesticated animals in traveling circuses 

and exhibitions. 

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 Protection Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 


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1 (1) traveling circuses are detrimental to animal 

2 welfare due to the adverse effects of captivity and 

3 transport; 

4 (2) due to severe confinement, lack of free exer5 cise, and the restriction of natural behaviors, ani6 mals used in circuses suffer and are prone to health, 

7 behavioral, and psychological problems; 

8 (3) the tricks that exotic and non-domesticated 

9 animals are forced to perform require extreme phys10 ical coercion techniques, including the restriction of 

11 food, the use of elephant hooks (objects used to con12 trol and punish elephants), electric shocks, metal 

13 bars, whips, and other forms of physical abuse; 

14 (4) the welfare of animals subject to the condi15 tions in traveling circuses, such as constant travel, 

16 limited facilities, long periods of restriction of move17 ment, stress, and physical coercion, will inevitably be 

18 compromised, which can lead to increased risks to 

19 public safety; 

20 (5) animals in traveling circuses pose an addi21 tional risk to public safety because such animals 

22 have wild instincts and needs and have demonstrated 

23 unpredictability; 

24 (6) the use of collapsible, temporary facilities in 

25 traveling circuses increases the risk of escaping exVerDate Mar 15 2010 00:53 Nov 09, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3359.IH H3359

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1 otic and non-domesticated animals seriously harming 

2 workers and the public; 

3 (7) traveling circuses bring people dangerously 

4 close to exotic and non-domesticated animals by dis5 playing animals in inappropriate, uncontrolled areas 

6 that are not suited for the exhibition of such ani7 mals; 

8 (8) it is not possible to provide exotic and non9 domesticated animals with facilities sufficient to 

10 maintain the optimum physical and mental health of 

11 the animals because of the suffering caused to the 

12 animals by the nature of circuses, in which restric13 tion of movement, separation from natural 

14 groupings, restriction of food and water, and phys15 ical abuse are prevalent; 

16 (9) due to the mobile and transitory nature of 

17 traveling circuses, law enforcement authorities can18 not properly monitor the conditions of the animals 

19 or follow up on previous infractions by traveling cir20 cuses; and 

21 (10) restricting the use of exotic and non-do22 mesticated animals in circuses is the most cost-effec23 tive and efficient way to safeguard both animal wel24 fare and public safety. 


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

2 CIRCUSES AND EXHIBITIONS. 

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

4 2143) is amended by adding at the end the following new 

5 subsection: 

6 ‘‘(i)(1) No exhibitor may allow for the participation 

7 of an exotic or wild animal (including a non-human pri8 mate) in an animal act if, during the 15-day period pre9 ceding such participation, such animal was traveling in a 

10 mobile housing facility. 

11 ‘‘(2) The restriction under paragraph (1) shall not 

12 apply to the use of an exotic or wild animal (including 

13 a non-human primate)— 

14 ‘‘(A) in an exhibition at a non-mobile, perma15 nent institution or facility, including an accredited 

16 zoo or aquarium; 

17 ‘‘(B) as part of an outreach program for edu18 cational or conservation purposes by an accredited 

19 zoo or aquarium, if the animal used for such pur20 poses is not kept in a mobile housing facility for 

21 more than 12 hours a day; 

22 ‘‘(C) by a university, college, laboratory, or 

23 other research facility registered with the Secretary 

24 pursuant to section 6; 

25 ‘‘(D) in film, television, or advertising if such 

26 use does not involve a live public exhibition; or 


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1 ‘‘(E) in a rodeo. 

2 ‘‘(3) A traveling circus or exhibitor that fails to com3 ply with this subsection shall be subject to the penalties 

4 provided for under section 19.’’. 

5 SEC. 4. EFFECTIVE DATE. 

6 The amendments made by this Act shall take effect 

7 on the date that is one year after the date of the enact8 ment of this Act. 

Æ 


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