[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3359 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3359

 To amend the Animal Welfare Act to restrict the use of exotic and non-
      domesticated 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Traveling Exotic Animal Protection 
Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) traveling circuses are detrimental to animal welfare 
        due to the adverse effects of captivity and transport;
            (2) due to severe confinement, lack of free exercise, and 
        the restriction of natural behaviors, animals used in circuses 
        suffer and are prone to health, behavioral, and psychological 
        problems;
            (3) the tricks that exotic and non-domesticated animals are 
        forced to perform require extreme physical coercion techniques, 
        including the restriction of food, the use of elephant hooks 
        (objects used to control and punish elephants), electric 
        shocks, metal bars, whips, and other forms of physical abuse;
            (4) the welfare of animals subject to the conditions in 
        traveling circuses, such as constant travel, limited 
        facilities, long periods of restriction of movement, stress, 
        and physical coercion, will inevitably be compromised, which 
        can lead to increased risks to public safety;
            (5) animals in traveling circuses pose an additional risk 
        to public safety because such animals have wild instincts and 
        needs and have demonstrated unpredictability;
            (6) the use of collapsible, temporary facilities in 
        traveling circuses increases the risk of escaping exotic and 
        non-domesticated animals seriously harming workers and the 
        public;
            (7) traveling circuses bring people dangerously close to 
        exotic and non-domesticated animals by displaying animals in 
        inappropriate, uncontrolled areas that are not suited for the 
        exhibition of such animals;
            (8) it is not possible to provide exotic and non-
        domesticated animals with facilities sufficient to maintain the 
        optimum physical and mental health of the animals because of 
        the suffering caused to the animals by the nature of circuses, 
        in which restriction of movement, separation from natural 
        groupings, restriction of food and water, and physical abuse 
        are prevalent;
            (9) due to the mobile and transitory nature of traveling 
        circuses, law enforcement authorities cannot properly monitor 
        the conditions of the animals or follow up on previous 
        infractions by traveling circuses; and
            (10) restricting the use of exotic and non-domesticated 
        animals in circuses is the most cost-effective and efficient 
        way to safeguard both animal welfare and public safety.

SEC. 3. USE OF EXOTIC OR WILD ANIMALS IN TRAVELING CIRCUSES AND 
              EXHIBITIONS.

    Section 13 of the Animal Welfare Act (7 U.S.C. 2143) is amended by 
adding at the end the following new subsection:
    ``(i)(1) No exhibitor may allow for the participation of an exotic 
or wild animal (including a non-human primate) in an animal act if, 
during the 15-day period preceding such participation, such animal was 
traveling in a mobile housing facility.
    ``(2) The restriction under paragraph (1) shall not apply to the 
use of an exotic or wild animal (including a non-human primate)--
            ``(A) in an exhibition at a non-mobile, permanent 
        institution or facility, including an accredited zoo or 
        aquarium;
            ``(B) as part of an outreach program for educational or 
        conservation purposes by an accredited zoo or aquarium, if the 
        animal used for such purposes is not kept in a mobile housing 
        facility for more than 12 hours a day;
            ``(C) by a university, college, laboratory, or other 
        research facility registered with the Secretary pursuant to 
        section 6;
            ``(D) in film, television, or advertising if such use does 
        not involve a live public exhibition; or
            ``(E) in a rodeo.
    ``(3) A traveling circus or exhibitor that fails to comply with 
this subsection shall be subject to the penalties provided for under 
section 19.''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on the date that 
is one year after the date of the enactment of this Act.
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