H.R. 10522
Companion Animal Protection Against Cruel Testing Act
Sponsor: Nicholas A. Langworthy
Official summary
Written by the Congressional Research Service.
Companion Animal Protection Against Cruel Testing Act
This bill prohibits the use of funds made available to covered federal agencies for any biomedical research activity involving a live dog or cat. Covered agencies are agencies or offices within the Department of Health and Human Services (HHS) that award, administer, or expend federal funds for biomedical research.
This prohibition also applies to activities that materially facilitate biomedical research involving a live dog or cat (e.g., salaries, facility maintenance, and administrative support primarily related to such research). It does not apply to transportation and rehousing of animals previously used in biomedical research or observational activities that do not involve alteration of an animal’s normal environment or medical care.
The prohibition applies to federal funds obligated or expended beginning 180 days after the bill is enacted. HHS may waive the prohibition in limited circumstances if necessary to respond to a specified emergency.
Recipients of funding from covered agencies must make reasonable efforts to transfer dogs and cats no longer needed for research to rescue organizations or other appropriate entities. Further, recipients may only euthanize an animal if a veterinarian has determined euthanasia is necessary for animal welfare or public safety.
If HHS determines that a recipient has violated a provision of the bill, it may withhold further funding to the recipient, recover funds expended in violation, and impose other administrative remedies.
Finally, the Government Accountability Office must report to Congress on the bill's implementation within three years after the bill takes effect.
Text of the bill
In this Act:
(1) Biomedical research. The term biomedical research—
(A) means any systematic scientific investigation, including basic research, applied research, translational research, preclinical research, product development, toxicological evaluation, or testing, that is designed to develop or contribute to generalizable knowledge concerning the prevention, diagnosis, treatment, or understanding of human disease, injury, health, or human physiology;
(B) includes any research conducted to evaluate the safety, efficacy, pharmacology, toxicology, mechanism of action, or biological effects of a drug, biologic, medical device, vaccine, chemical substance, gene therapy, cell therapy, medical intervention, or other investigational product; and
(C) does not include—
(i) the provision of routine veterinary diagnosis, treatment, or clinical care performed solely for the health or welfare of an individual animal;
(ii) the ordinary husbandry, feeding, housing, or care of animals that is not conducted for purposes of a covered activity;
(iii) noninterventional observation of animals in which the investigator does not manipulate the animal’s environment, physiology, behavior, or medical care;
(iv) research conducted solely for the prevention, diagnosis, treatment, or understanding of disease, injury, health, or physiology of dogs or cats; and
(v) comparative clinical research involving client-owned dogs or cats with naturally occurring disease that is conducted to evaluate or develop interventions with potential relevance to human disease, including research conducted through the Canine Cancer Immunotherapy Network of the National Cancer Institute.
(2) Cat. The term cat means any live individual of the species Felis catus, regardless of age, purpose, ownership status, or breeding history.
(3) Covered activity. The term covered activity has the meaning given such term in section 3(b).
(4) Covered Federal agency. The term covered Federal agency means—
(A) the National Institutes of Health;
(B) the Centers for Disease Control and Prevention;
(C) the Food and Drug Administration;
(D) the Advanced Research Projects Agency for Health;
(E) the Biomedical Advanced Research and Development Authority;
(F) the Agency for Healthcare Research and Quality; and
(G) any other agency or office within the Department of Health and Human Services that awards, administers, or expends Federal funds for biomedical research.
(5) Dog. The term dog means any live individual of the species Canis lupus familiaris, regardless of age, purpose, ownership status, or breeding history.
(6) Recipient. The term recipient means, with respect to the receipt of Federal funds, an individual or entity that receives such funds (or seeks to receive such funds) directly or indirectly, including institutions of higher education, nonprofit organizations, hospitals, research institutes, contractors, subcontractors, consortium participants, foreign entities, State governments, local governments, and any subrecipient thereof.
(7) Secretary. The term Secretary means the Secretary of Health and Human Services, unless otherwise specified.