AFTER Act of 2023

Subjects: Environmental Protection


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 707 Introduced in Senate (IS)]

&lt;DOC&gt;






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).
                                 &lt;all&gt;
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