H.R. 10522

Companion Animal Protection Against Cruel Testing Act

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

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Sec. 3. Prohibition on the use of HHS funding for biomedical research involving live dogs or live cats

(a) General prohibition. Notwithstanding any other provision of Federal law, no funds appropriated to, or otherwise made available for, a covered Federal agency may be obligated or expended, directly or indirectly, for any covered activity.

(b) Covered activity defined. In this section, the term covered activity—

(1) means any biomedical research activity involving a live dog or live cat, including—

(A) to procure, purchase, lease, rent, receive by donation, or otherwise acquire a live dog or live cat;

(B) to breed, reproduce, maintain breeding colonies, or support breeding programs involving live dogs or live cats;

(C) to import into, export from, or transport within the United States any dog or cat for purposes of biomedical research;

(D) to house, kennel, shelter, maintain, feed, exercise, provide veterinary care for, or otherwise maintain live dogs or live cats used in biomedical research;

(E) to perform, assist with, supervise, design, sponsor, conduct, or support biomedical research involving a live dog or cat;

(F) to administer any drug, biologic, medical device, investigational product, infectious agent, toxin, radiation, chemical substance, or other experimental intervention to a live dog or live cat for purposes of a covered activity;

(G) to perform, direct, supervise, sponsor, or support any surgical procedure, behavioral experiment, genetic modification, reproductive manipulation, tissue collection, imaging study conducted primarily for research purposes, biological sample collection, restraint, environmental manipulation, euthanasia performed as part of a covered activity, or any other experimental intervention involving a live dog or live cat;

(H) to establish or maintain colonies of live dogs or live cats intended for present or future biomedical research;

(I) to reimburse allocable indirect costs, facilities and administrative costs, overhead, or other institutional expenses attributable to a covered activity;

(J) to support any substantially similar activity determined by the Secretary to involve the use of a live dog or live cat for biomedical research; and

(K) any activity that materially facilitates biomedical research activity involving a live dog or live cat, including—

(i) construction, renovation, maintenance, or operation of facilities principally dedicated to covered activities;

(ii) acquisition or maintenance of equipment primarily used in covered activities;

(iii) providing salaries, wages, benefits, stipends, or consulting fees attributable to covered activities;

(iv) data collection or management services performed principally for covered activities; and

(v) administrative support directly for covered activities; and

(2) does not include—

(A) veterinary care provided solely for the health or welfare of a dog or cat;

(B) observational activities that do not involve intervention, manipulation, restraint, administration of substances, collection of biological samples, or alteration of the animal’s normal environment or medical care;

(C) transportation and rehousing of animals that were previously used in biomedical research;

(D) analysis of existing data, records, or specimens where no live dog or live cat is used in a covered activity;

(E) activities unrelated to biomedical research involving a live dog or live cat; and

(F) the housing, sheltering, transportation, veterinary care, rehabilitation, retirement, adoption, transfer, or other disposition of dogs or cats previously used in biomedical research, provided that such activities are undertaken solely to provide for the health, welfare, or placement of such animals and not to facilitate any covered activity.

(c) No circumvention. No recipient of funding from a covered Federal agency may circumvent the requirements of this section by—

(1) acquiring dogs or cats using non-Federal funds while charging personnel, equipment, supplies, facilities, or other research costs to Federal funds;

(2) transferring covered activities to affiliated institutions or related entities;

(3) conducting covered activities through subcontractors, consultants, consortium participants, or foreign entities; or

(4) dividing a project into multiple funding sources to conceal the use of Federal funds.

(d) Relationship to other law. Nothing in this section shall be construed—

(1) to authorize any activity otherwise prohibited by Federal law;

(2) to limit the authority of the Secretary of Agriculture under the Animal Welfare Act (7 U.S.C. 2131 et seq.) to administer and enforce that Act; or

(3) to diminish any requirement applicable under any other provision of Federal law governing research misconduct, fiscal accountability, or animal welfare.