[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1378 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1378

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

                             April 27, 2021

Ms. Collins (for herself, Mr. Peters, and Mrs. Shaheen) 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 2021'' or the ``AFTER Act of 2021''.

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.--
            ``(1) In general.--Except as provided in paragraph (2), 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.
            ``(2) Exception.--A department, agency, or instrumentality 
        of the United States that operates laboratory animal facilities 
        shall not be required to comply with the standards and other 
        requirements promulgated by the Secretary under section 13(g) 
        in the case of transporting a chimpanzee that has been used, or 
        was bred or purchased for use, in research conducted or 
        supported by a Federal agency to an animal sanctuary or into 
        the sanctuary system established under section 404K of the 
        Public Health Service Act (42 U.S.C. 283m).
    ``(c) Retirement.--
            ``(1) In general.--Not later than 90 days after the date of 
        enactment of the AFTER Act of 2021, 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.
            ``(3) Transport of chimpanzees.--The regulations 
        promulgated to carry out paragraph (1)(A) shall not prohibit or 
        otherwise prevent the transport of a chimpanzee that has been 
        used, or was bred or purchased for use, in research conducted 
        or supported by a Federal agency to an animal sanctuary or into 
        the sanctuary system established under section 404K of the 
        Public Health Service Act (42 U.S.C. 283m).
    ``(d) Effect on Other Laws.--Nothing in this section 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 the transport of a chimpanzee that has been 
        used, or was bred or purchased for use, in research conducted 
        or supported by a Federal agency to an animal sanctuary or 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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