[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 707 Introduced in Senate (IS)]
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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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Animal Freedom from Testing,
Experiments, and Research Act of 2023'' or the ``AFTER Act of 2023''.
SEC. 2. PLACEMENT OF ANIMALS USED IN FEDERAL RESEARCH.
(a) In General.--Section 14 of the Animal Welfare Act (7 U.S.C.
2144) is amended to read as follows:
``SEC. 14. STANDARDS FOR FEDERAL FACILITIES.
``(a) Definitions.--In this section:
``(1) Animal rescue organization.--The term `animal rescue
organization' means a nonprofit organization the purpose of
which is to rescue covered animals and find permanent adoptive
homes for those animals.
``(2) Animal sanctuary.--The term `animal sanctuary' means
a nonprofit organization that--
``(A) is registered with the Secretary;
``(B) operates a place of refuge in which--
``(i) a covered animal is provided care for
the lifetime of the animal; and
``(ii) an unescorted public visitation of
that animal is not permitted;
``(C) does not engage in commercial trade of
covered animals;
``(D) does not breed covered animals;
``(E) does not permit direct contact between the
public and covered animals;
``(F) does not allow the use of a covered animal
for performance or exhibition purposes; and
``(G) does not conduct or permit research on a
covered animal other than noninvasive behavioral
research.
``(3) Animal shelter.--The term `animal shelter' means a
facility that--
``(A) accepts or seizes covered animals--
``(i) to care for the animals;
``(ii) to place those animals in a
permanent adoptive home; or
``(iii) for purposes of law enforcement;
and
``(B) does not--
``(i) engage in commercial trade of covered
animals;
``(ii) breed covered animals;
``(iii) allow the use of a covered animal
for performance or exhibition purposes; or
``(iv) conduct or permit research on a
covered animal other than noninvasive
behavioral research.
``(4) Covered animal.--
``(A) In general.--The term `covered animal' means
an animal that is unwanted, abandoned, or otherwise in
need of placement in a home.
``(B) Exclusions.--The term `covered animal' does
not include--
``(i) a rat of the genus Rattus; or
``(ii) a mouse of the genus Mus.
``(5) Nonprofit organization.--The term `nonprofit
organization' means an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from
taxation under section 501(a) of that Code.
``(6) Suitable for retirement.--The term `suitable for
retirement' means, with respect to an animal, that the animal
has been evaluated by a licensed veterinarian and is determined
to be mentally and physically healthy.
``(b) Laboratory Animal Facilities and Exhibitors.--Any department,
agency, or instrumentality of the United States that operates
laboratory animal facilities or exhibits animals shall comply with the
standards and other requirements promulgated by the Secretary under
subsections (a), (g), (h), and (i) of section 13.
``(c) Retirement.--
``(1) In general.--Not later than 90 days after the date of
enactment of the AFTER Act of 2023, any department, agency, or
instrumentality of the United States operating a Federal
research facility shall, after public notice and comment,
promulgate regulations that, with respect to any animal of the
facility that is no longer needed for research and determined
to be suitable for retirement--
``(A) facilitate and encourage the adoption of the
animal by, or placement of the animal with--
``(i) an animal rescue organization, animal
sanctuary, animal shelter, or individual who
intends to keep the animal as a pet; or
``(ii) in the case of a nonhuman primate,
an animal sanctuary; and
``(B) to the maximum extent practicable,
collaborate with appropriate nonprofit organizations to
carry out subparagraph (A).
``(2) National placement.--The regulations promulgated to
carry out paragraph (1)(A) shall include consideration of
placing animals with the entities described in that
subparagraph that are located beyond the immediate geographic
vicinity of the Federal research facility at which the animal
being retired is located.
``(d) Effect on Other Laws.--Nothing in this section, including
regulations promulgated under subsection (c)(1), shall--
``(1) preempt any State or local law relating to the
adoption or placement of animals used in research that is more
stringent than the requirements of this section;
``(2) prohibit, prevent, forestall, or otherwise impede the
placement of any chimpanzee that has been used, or was bred or
purchased for use, in research conducted or supported by a
Federal agency into the sanctuary system established under
section 404K of the Public Health Service Act (42 U.S.C. 283m);
or
``(3) prevent a State or unit of local government from
adopting or enforcing an animal welfare law that is more
stringent than this section.''.
(b) Technical Amendments.--Section 13 of the Animal Welfare Act (7
U.S.C. 2143) is amended--
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by redesignating the second subsection (f) (relating to
the certification requirement for the delivery of any animal)
as subsection (g).
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