Companion Animal Release from Experiments Act of 2021 or the CARE Act of 2021
This bill requires, as a condition of receiving funding from the National Institutes of Health, entities that carry out animal-based research to establish adoption policies for dogs, cats, and rabbits when they are no longer used for research. It also limits, under certain conditions, an entity's liability related to these adoptions.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5726 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5726
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
October 26, 2021
Mr. Cardenas 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Companion Animal Release from
Experiments Act of 2021'' or the ``CARE Act of 2021''.
SEC. 2. FINDINGS.
Congress the finds the following:
(1) The use of animals in research has been an issue of
public concern since the mid-20th century, because animals used
in research will, in most cases, experience fear, pain,
confinement, and premature death.
(2) Section 495 of the Health Research Extension Act is the
statutory basis for the public health service policy of the
Federal Government with respect to humane care and use of
laboratory animals.
(3) Currently, the public health service policy of the
Surgeon General does not cover the post research treatment of
such animals.
(4) Animals used in research include animals commonly kept
as companion animals by the public.
(5) More than 64,000 dogs, 18,000 cats, and 145,000 rabbits
are used in experiments in the United States each year and much
of the research is conducted at facilities that receive public
funding through the National Institutes of Health.
(6) Due to an absence of Federal requirements, 12 States
have enacted laws governing the post research placement for
dogs and cats used in publicly funded research institutions.
(7) A national requirement is needed to ensure that
research institutions that receive tax payer funding establish
adoption policies for companion animals that are no longer used
for research, including finding such animals a home and
adopting transparent policies concerning the success of such
requirement.
SEC. 3. OFFERING DOGS, CATS, OR RABBITS USED IN RESEARCH FACILITIES FOR
ADOPTION.
(a) Adoption Guidelines for Research Facilities.--Section 495(b)(3)
of the Public Health Service Act (42 U.S.C. 289d(b)(3)) is amended--
(1) by striking the ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting a semicolon; and
(3) by inserting after subparagraph (C) the following:
``(D) develop and implement policies for the adoption of
dogs, cats, or rabbits no longer needed for biomedical and
behavioral research, including--
``(i) developing and making publicly available on
the website of such research entity a policy for
offering for adoption a dog, cat, or rabbit no longer
needed for biomedical and behavioral research;
``(ii) assessing the health of such dog, cat, or
rabbit to determine whether such animal is suitable for
adoption; and
``(iii) making reasonable efforts to offer for
adoption any dog, cat, or rabbit deemed suitable for
adoption, either through--
``(I) private placement;
``(II) an animal shelter; or
``(III) an animal adoption organization;
and
``(E) maintain records on dogs, cats, or rabbits
used by the research entity and make such records
publicly available on the website of such research
entity, including records on--
``(i) the number of dogs, cats, or rabbits
used for research;
``(ii) the number of dogs, cats, or rabbits
placed for adoption through private placement,
animal shelter, or through an animal adoption
organization; and
``(iii) the number of dogs, cats, or
rabbits destroyed.''.
(b) Immunity and Animal Adoption Organization Defined.--Section 495
of the Public Health Service Act (42 U.S.C. 289d) is amended by adding
at the end the following:
``(f) Immunity.--A research facility that places a dog, cat, or
rabbit for adoption consistent with the policies under subsection
(b)(3)(D) is immune from any civil liability in any Federal or State
judicial or administrative proceeding arising out of any act or
omission with respect to such dog, cat, or rabbit following the
adoption of such dog, cat, or rabbit, except for willful or wanton
misconduct.
``(g) Definitions.--For purposes of this section, the following
terms apply:
``(1) Animal adoption organization.--The term `animal
adoption organization' means an organization that--
``(A) rescues animals in need and finds permanent,
adoptive homes for such animals;
``(B) is described in section 501(c)(3) of the
Internal Revenue Code of 1986; and
``(C) is exempt from tax under section 501(a) of
such Code.
``(2) Animal shelter.--The term `animal shelter' means a
facility that--
``(A) accepts or seizes animals to care for such
animals; and
``(B) places such animals in a permanent adoptive
home.
``(3) Private placement.--The term `private placement'
means an arrangement between the research entity and an
individual seeking to provide a permanent adoptive home for the
animal pursuant to the adoption policy of such entity.''.
(c) Effective Date.--The amendments made by this Act shall take
effect 1 year after the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Health.
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