CARE Act of 2023

Subjects: Health, Animal and plant health, Animal protection and human-animal relationships, Civil actions and liability, Mammals, Medical research, Research ethics

Summary:  <p><b>Companion Animal Release from Experiments Act of 2023 or the CARE Act of 2023</b></p> <p>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.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2878 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 2878

   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

                             April 26, 2023

Mr. Cardenas (for himself, Mr. Calvert, Mr. Payne, Ms. Sanchez, and Mr. 
    Posey) 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 2023'' or the ``CARE Act of 2023''.

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, 15 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.
                                 &lt;all&gt;
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