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
(a) In general. The Secretary may issue (or renew) a waiver of any requirement of this Act if and only if the Secretary determines, in writing, that—
(1) the waiver is necessary to respond to—
(A) a public health emergency determined to exist by the Secretary under section 319 of the Public Health Service Act (42 U.S.C. 247d);
(B) a national emergency declared by the President under section 201 of the National Emergencies Act (50 U.S.C. 1621); or
(C) a national security emergency directly affecting the United States;
(2) no scientifically valid alternative method is reasonably available;
(3) the waiver is limited to the minimum duration and scope necessary to address the emergency; and
(4) failure to grant the waiver would likely result in a significant and immediate threat to public health or national security.
(b) Duration. A waiver under this section shall expire not later than 180 days after issuance unless renewed by the Secretary in accordance with subsection (a).
(c) Congressional notification. Not later than 15 days after issuing or renewing a waiver under this section, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate written notice describing—
(1) a detailed justification for the waiver, including the specific national security or public health need;
(2) a description of the relevant research to be conducted, including the number and species of animals involved;
(3) the projected cost to taxpayers of such research;
(4) an explanation of why alternatives to such research are not feasible; and
(5) the expected duration of the waiver.