What This Bill Does
This bill changes the Animal Welfare Act to require federal research facilities to help animals retire from research after they are no longer needed. The bill says federal agencies must create rules to place these animals with rescue organizations, sanctuaries, shelters or people who want to adopt them.
Who It Affects
Federal research facilities that use animals in experiments, animal rescue organizations, animal sanctuaries, animal shelters, nonprofit organizations, licensed veterinarians who evaluate animals, and individuals who adopt retired research animals.
Key Provisions
• Federal research facilities must create rules within 90 days to place retired animals with rescue organizations, sanctuaries, shelters or individuals as pets, with special rules requiring nonhuman primates go to sanctuaries (Sec. 2(c)(1))
• Federal agencies must work with nonprofit organizations to carry out animal placement to the maximum extent practicable (Sec. 2(c)(1))
• The rules must consider placing animals with organizations located anywhere in the country, not just near the research facility (Sec. 2(c)(2))
• Only animals determined to be mentally and physically healthy by a licensed veterinarian can be retired (Sec. 2(a)(6))
• State and local laws that require stricter animal welfare protections remain valid and are not overridden by this bill (Sec. 2(d))
What Changes
Federal research facilities must now develop and follow regulations to retire animals no longer needed for research rather than disposing of them. The bill does not apply to rats of the genus Rattus or mice of the genus Mus.
Important Definitions
"Animal rescue organization" means a nonprofit group that rescues animals and finds them permanent homes.
"Animal sanctuary" means a registered nonprofit that provides lifetime care in a refuge, does not breed or sell animals, does not allow public visits, and does not perform research except noninvasive behavioral studies.
"Animal shelter" means a facility that accepts animals for care, adoption or law enforcement purposes, does not breed or sell animals, and does not conduct research except noninvasive behavioral studies.
"Covered animal" means any unwanted, abandoned or homeless animal except rats of the genus Rattus and mice of the genus Mus.
"Suitable for retirement" means an animal evaluated by a licensed veterinarian and found to be mentally and physically healthy.
Effective Date
Federal agencies must create the retirement rules within 90 days after the bill becomes law. Not specified in bill text when the bill itself becomes law.
II
118TH CONGRESS
1ST SESSION
S. 707
To amend the Animal Welfare Act to allow for the retirement of certain
animals used in Federal research, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 8, 2023
Ms.
COLLINS
(for
herself,
Mr.
PETERS,
Mr.
WHITEHOUSE,
Mr.
HICKENLOOPER, Ms. HASSAN, Ms. WARREN, Ms. SMITH, Mr. BOOKER,
Mr. WARNOCK, Ms. ROSEN, Ms. DUCKWORTH, Mr. KING, Mr. PADILLA,
Mrs. FEINSTEIN, Mr. VAN HOLLEN, Mrs. SHAHEEN, Mr. CARPER, and
Mr. MERKLEY) introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
A BILL
To amend the Animal Welfare Act to allow for the retirement
of certain animals used in Federal research, and for
other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Animal Freedom from
4
Testing, Experiments, and Research Act of 2023’’ or the
5
‘‘AFTER Act of 2023’’.
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•S 707 IS
SEC. 2. PLACEMENT OF ANIMALS USED IN FEDERAL RE-
1
SEARCH.
2
(a) IN GENERAL.—Section 14 of the Animal Welfare
3
Act (7 U.S.C. 2144) is amended to read as follows:
4
‘‘SEC. 14. STANDARDS FOR FEDERAL FACILITIES.
5
‘‘(a) DEFINITIONS.—In this section:
6
‘‘(1) ANIMAL
RESCUE
ORGANIZATION.—The
7
term ‘animal rescue organization’ means a nonprofit
8
organization the purpose of which is to rescue cov-
9
ered animals and find permanent adoptive homes for
10
those animals.
11
‘‘(2) ANIMAL SANCTUARY.—The term ‘animal
12
sanctuary’ means a nonprofit organization that—
13
‘‘(A) is registered with the Secretary;
14
‘‘(B) operates a place of refuge in which—
15
‘‘(i) a covered animal is provided care
16
for the lifetime of the animal; and
17
‘‘(ii) an unescorted public visitation of
18
that animal is not permitted;
19
‘‘(C) does not engage in commercial trade
20
of covered animals;
21
‘‘(D) does not breed covered animals;
22
‘‘(E) does not permit direct contact be-
23
tween the public and covered animals;
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•S 707 IS
‘‘(F) does not allow the use of a covered
1
animal for performance or exhibition purposes;
2
and
3
‘‘(G) does not conduct or permit research
4
on a covered animal other than noninvasive be-
5
havioral research.
6
‘‘(3) ANIMAL
SHELTER.—The term ‘animal
7
shelter’ means a facility that—
8
‘‘(A) accepts or seizes covered animals—
9
‘‘(i) to care for the animals;
10
‘‘(ii) to place those animals in a per-
11
manent adoptive home; or
12
‘‘(iii) for purposes of law enforcement;
13
and
14
‘‘(B) does not—
15
‘‘(i) engage in commercial trade of
16
covered animals;
17
‘‘(ii) breed covered animals;
18
‘‘(iii) allow the use of a covered ani-
19
mal for performance or exhibition pur-
20
poses; or
21
‘‘(iv) conduct or permit research on a
22
covered animal other than noninvasive be-
23
havioral research.
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‘‘(4) COVERED ANIMAL.—
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‘‘(A) IN
GENERAL.—The term ‘covered
1
animal’ means an animal that is unwanted,
2
abandoned, or otherwise in need of placement
3
in a home.
4
‘‘(B) EXCLUSIONS.—The term ‘covered
5
animal’ does not include—
6
‘‘(i) a rat of the genus Rattus; or
7
‘‘(ii) a mouse of the genus Mus.
8
‘‘(5) NONPROFIT
ORGANIZATION.—The term
9
‘nonprofit organization’ means an organization de-
10
scribed in section 501(c)(3) of the Internal Revenue
11
Code of 1986 and exempt from taxation under sec-
12
tion 501(a) of that Code.
13
‘‘(6) SUITABLE FOR RETIREMENT.—The term
14
‘suitable for retirement’ means, with respect to an
15
animal, that the animal has been evaluated by a li-
16
censed veterinarian and is determined to be mentally
17
and physically healthy.
18
‘‘(b) LABORATORY ANIMAL FACILITIES AND EXHIBI-
19
TORS.—Any department, agency, or instrumentality of the
20
United States that operates laboratory animal facilities or
21
exhibits animals shall comply with the standards and other
22
requirements promulgated by the Secretary under sub-
23
sections (a), (g), (h), and (i) of section 13.
24
‘‘(c) RETIREMENT.—
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‘‘(1) IN
GENERAL.—Not later than 90 days
1
after the date of enactment of the AFTER Act of
2
2023, any department, agency, or instrumentality of
3
the United States operating a Federal research facil-
4
ity shall, after public notice and comment, promul-
5
gate regulations that, with respect to any animal of
6
the facility that is no longer needed for research and
7
determined to be suitable for retirement—
8
‘‘(A) facilitate and encourage the adoption
9
of the animal by, or placement of the animal
10
with—
11
‘‘(i) an animal rescue organization,
12
animal sanctuary, animal shelter, or indi-
13
vidual who intends to keep the animal as
14
a pet; or
15
‘‘(ii) in the case of a nonhuman pri-
16
mate, an animal sanctuary; and
17
‘‘(B) to the maximum extent practicable,
18
collaborate with appropriate nonprofit organiza-
19
tions to carry out subparagraph (A).
20
‘‘(2) NATIONAL PLACEMENT.—The regulations
21
promulgated to carry out paragraph (1)(A) shall in-
22
clude consideration of placing animals with the enti-
23
ties described in that subparagraph that are located
24
beyond the immediate geographic vicinity of the
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•S 707 IS
Federal research facility at which the animal being
1
retired is located.
2
‘‘(d) EFFECT ON OTHER LAWS.—Nothing in this sec-
3
tion, including regulations promulgated under subsection
4
(c)(1), shall—
5
‘‘(1) preempt any State or local law relating to
6
the adoption or placement of animals used in re-
7
search that is more stringent than the requirements
8
of this section;
9
‘‘(2) prohibit, prevent, forestall, or otherwise
10
impede the placement of any chimpanzee that has
11
been used, or was bred or purchased for use, in re-
12
search conducted or supported by a Federal agency
13
into the sanctuary system established under section
14
404K of the Public Health Service Act (42 U.S.C.
15
283m); or
16
‘‘(3) prevent a State or unit of local government
17
from adopting or enforcing an animal welfare law
18
that is more stringent than this section.’’.
19
(b) TECHNICAL AMENDMENTS.—Section 13 of the
20
Animal Welfare Act (7 U.S.C. 2143) is amended—
21
(1) by redesignating subsections (g) and (h) as
22
subsections (h) and (i), respectively; and
23
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•S 707 IS
(2) by redesignating the second subsection (f)
1
(relating to the certification requirement for the de-
2
livery of any animal) as subsection (g).
3
Æ
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