To require research facilities that use companion dogs, cats, or rabbits for research purposes and receive funding from the National Institutes of Health to offer such animals for adoption after completion of such research, and for other purposes.

I 116TH CONGRESS 2D SESSION H. R. 8001 To require research facilities that use companion dogs, cats, or rabbits for research purposes and receive funding from the National Institutes of Health to offer such animals for adoption after completion of such research, and for other purposes. IN THE HOUSE OF REPRESENTATIVES AUGUST 11, 2020 Mr. CA´RDENAS introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require research facilities that use companion dogs, cats, or rabbits for research purposes and receive funding from the National Institutes of Health to offer such animals for adoption after completion of such 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 shall be cited as the ‘‘Companion Animal 4 Release from Experiments Act of 2020’’ or the ‘‘CARE 5 Act of 2020’’. 6 VerDate Sep 11 2014 02:09 Aug 29, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8001.IH H8001 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 8001 IH SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) The use of animals in research has been an 3 issue of public concern since the mid-20th century, 4 because animals used in research will, in most cases, 5 experience fear, pain, confinement, and premature 6 death. 7 (2) Section 495 of the Health Research Exten- 8 sion Act is the statutory basis for the public health 9 service policy of the Federal Government with re- 10 spect to humane care and use of laboratory animals. 11 (3) Currently, the public health service policy of 12 the Surgeon General does not cover the post re- 13 search treatment of such animals. 14 (4) Animals used in research include animals 15 commonly kept as companion animals by the public. 16 (5) More than 64,000 dogs, 18,000 cats, and 17 145,000 rabbits are used in experiments in the 18 United States each year and much of the research 19 is conducted at facilities that receive public funding 20 through the National Institutes of Health. 21 (6) Due to an absence of Federal requirements, 22 11 States have enacted laws governing the post re- 23 search placement for dogs and cats used in publicly 24 funded research institutions. 25 VerDate Sep 11 2014 02:09 Aug 29, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8001.IH H8001 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 8001 IH (7) A national requirement is needed to ensure 1 that research institutions that receive tax payer 2 funding establish adoption policies for companion 3 animals that are no longer used for research, includ- 4 ing finding such animals a home and adopting trans- 5 parent policies concerning the success of such re- 6 quirement. 7 SEC. 3. OFFERING DOGS, CATS, OR RABBITS USED IN RE- 8 SEARCH FACILITIES FOR ADOPTION. 9 (a) ADOPTION GUIDELINES FOR RESEARCH FACILI- 10 TIES.—Section 495(b)(3) of the Public Health Service Act 11 (42 U.S.C. 289d(b)(3)) is amended— 12 (1) by striking the ‘‘and’’ at the end of sub- 13 paragraph (B); 14 (2) by striking the period at the end of sub- 15 paragraph (C); and 16 (3) by inserting after subparagraph (C) the fol- 17 lowing: 18 ‘‘(D) develop and implement policies for the 19 adoption of dogs, cats, or rabbits no longer needed 20 for biomedical and behavioral research, including— 21 ‘‘(i) developing and making publicly avail- 22 able on the website of such research entity a 23 policy for offering for adoption a dog, cat, or 24 VerDate Sep 11 2014 02:09 Aug 29, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8001.IH H8001 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 8001 IH rabbit no longer needed for biomedical and be- 1 havioral research; 2 ‘‘(ii) assessing the health of such dog, cat, 3 or rabbit to determine whether such animal is 4 suitable for adoption; and 5 ‘‘(iii) making reasonable efforts to offer for 6 adoption any dog, cat, or rabbit deemed suit- 7 able for adoption, either through— 8 ‘‘(I) private placement; 9 ‘‘(II) an animal shelter; or 10 ‘‘(III) an animal adoption organiza- 11 tion; and 12 ‘‘(E) maintain records on dogs, cats, or rabbits 13 used by the research entity and make such records 14 publicly available on the website of such research en- 15 tity, including records on— 16 ‘‘(i) the number of dogs, cats, or rabbits 17 used for research; 18 ‘‘(ii) the number of dogs, cats, or rabbits 19 placed for adoption through private placement, 20 animal shelter, or through an animal adoption 21 organization; and 22 ‘‘(iii) the number of dogs, cats, or rabbits 23 destroyed.’’. 24 VerDate Sep 11 2014 02:09 Aug 29, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8001.IH H8001 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 8001 IH (b) IMMUNITY AND ANIMAL ADOPTION ORGANIZA- 1 TION DEFINED.—Section 495 of the Public Health Serv- 2 ice Act (42 U.S.C. 289d) is amended by adding at the 3 end the following: 4 ‘‘(f) IMMUNITY.—A research facility that places a 5 dog, cat, or rabbit for adoption consistent with the policies 6 under subsection (b)(3)(D) is immune from any civil liabil- 7 ity in any Federal or State judicial or administrative pro- 8 ceeding arising out of any act or omission with respect 9 to such dog, cat, or rabbit following the adoption of such 10 dog, cat, or rabbit, except for willful or wanton mis- 11 conduct. 12 ‘‘(g) DEFINITIONS.—For purposes of this section, the 13 following terms apply: 14 ‘‘(1) ANIMAL ADOPTION ORGANIZATION.—The 15 term ‘animal adoption organization’ means an orga- 16 nization that— 17 ‘‘(A) rescues animals in need and finds 18 permanent, adoptive homes for such animals; 19 ‘‘(B) is described in section 501(c)(3) of 20 the Internal Revenue Code of 1986; and 21 ‘‘(C) is exempt from tax under section 22 501(a) of such Code. 23 ‘‘(2) ANIMAL SHELTER.—The term ‘animal 24 shelter’ means a facility that— 25 VerDate Sep 11 2014 02:09 Aug 29, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8001.IH H8001 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 8001 IH ‘‘(A) accepts or seizes animals to care for 1 such animals; and 2 ‘‘(B) places such animals in a permanent 3 adoptive home. 4 ‘‘(3) PRIVATE PLACEMENT.—The term ‘private 5 placement’ means an arrangement between the re- 6 search entity and an individual seeking to provide a 7 permanent adoptive home for the animal pursuant to 8 the adoption policy of such entity.’’. 9 (c) EFFECTIVE DATE.—The amendments made by 10 this Act shall take effect 1 year after the date of the enact- 11 ment of this Act. 12 Æ VerDate Sep 11 2014 02:09 Aug 29, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H8001.IH H8001 pamtmann on DSKBC07HB2PROD with BILLS