H.R. 10522 — Companion Animal Protection Against Cruel Testing Act

This section provides the short title “Companion Animal Protection Against Cruel Testing Act” and lists the table of contents for the Act.

This section defines terms for the Act, including biomedical research (which excludes routine veterinary care, noninterventional animal observation, and all research on dogs or cats, as well as comparative clinical research on client-owned dogs or cats); covered Federal agencies (the National Institutes of Health, Centers for Disease Control and Prevention, Food and Drug Administration, Advanced Research Projects Agency for Health, Biomedical Advanced Research and Development Authority, Agency for Healthcare Research and Quality, and other Department of Health and Human Services entities that award or administer biomedical research funds); and recipient (any direct or indirect recipient of such funds, including universities, nonprofits, contractors, and foreign entities).

This section prohibits the use of funds appropriated to covered Federal agencies for any biomedical research activity involving live dogs or cats. Covered activities include acquiring, breeding, housing, transporting, experimenting on, or otherwise maintaining such animals, as well as related indirect costs and support services; excluded activities are limited to veterinary care for animal welfare, purely observational studies, analysis of existing data, and post-research retirement or adoption of the animals.

This section requires recipients of funding from covered Federal agencies to make reasonable efforts to retire, adopt, or transfer live dogs and live cats no longer needed for biomedical research to accredited animal sanctuaries, rescue organizations, or adoption programs. It permits euthanasia of such animals only upon a licensed veterinarian’s determination that it is necessary due to medical condition, behavioral condition, or other compelling animal welfare or public safety considerations.

This section authorizes the Secretary to issue or renew waivers of any requirement under the Act solely in response to a public health emergency, national emergency, or national security emergency. Waivers are limited to 180 days, require written findings that no scientifically valid alternative exists and that denial would create a significant immediate threat, and must be reported to the House Energy and Commerce Committee and Senate HELP Committee within 15 days with details on the research, including the number and species of animals involved, projected costs, and justification.

This section requires recipients of funding from covered Federal agencies to certify before receiving funds that neither they nor any subrecipient or contractor will obligate or expend the funding for covered activities, that they have implemented internal controls for compliance, and that all representations are true. It also mandates annual certifications affirming continued compliance, requires written notification to the Secretary within 30 days of discovering any violation or false certification, and authorizes the Secretary to withhold funding for up to 3 years upon such a determination.

This section requires each recipient of funding from a covered Federal agency to retain records sufficient to demonstrate compliance with the Act for at least 6 years after receipt. It mandates that such records include procurement records, animal acquisition records, subaward agreements, contracts, invoices, compliance policies, internal audit reports, and certifications. It also requires recipients to grant reasonable access to facilities, personnel, and records to the Secretary, the HHS Office of Inspector General, and the Comptroller General, subject to protections for classified, confidential commercial, and personally identifiable information.

This section authorizes the Secretary to withhold further funding, recover funds expended in violation, and impose other administrative remedies upon determining that a recipient has violated the Act. It requires written notice and a reasonable opportunity to respond before action, except where immediate action is necessary to protect U.S. interests, and permits referral to the Department of Justice or other authorities for civil, administrative, or criminal proceedings.

This section authorizes the Secretary to initiate suspension or debarment proceedings against recipients that knowingly or repeatedly violate this Act. It requires consideration of the violation’s nature and seriousness, whether it was knowing or reckless, the recipient’s compliance history, and corrective actions taken, and renders debarred recipients ineligible for covered Federal funds for the period specified in the determination.

This section prohibits recipients of funds from covered Federal agencies from retaliating against employees, contractors, students, trainees, or other individuals for reporting suspected violations of the Act, providing information to the Secretary or other authorized entities, participating in compliance proceedings, or refusing to engage in conduct reasonably believed to violate the Act. It directs the Secretary to establish complaint procedures and authorizes corrective actions, including reinstatement, for substantiated violations.

This section requires the Secretary of Health and Human Services to submit an annual report on implementation of this Act to the House Committee on Energy and Commerce and the Senate Committee on Health, Education, Labor, and Pensions within 180 days after the end of each fiscal year. The report must include data on funding applications reviewed, certifications received, awards withheld, audits conducted, the status of dogs and cats previously used in research, funds recovered, corrective actions, guidance issued, and any legislative recommendations, and the Secretary must post the report on the HHS website within 30 days, with protected information redacted.

This section requires the Comptroller General to conduct an independent review of the Act's implementation and administration. The review must evaluate the certification process, oversight and enforcement activities, veterinary services for dogs and cats in biomedical research facilities, compliance by recipients of covered Federal agency funding, administrative burden, internal controls, and recommendations for improvement, with a report due to the House Committee on Energy and Commerce and the Senate Committee on Health, Education, Labor, and Pensions within 3 years after the effective date.

This section preserves all requirements of the Animal Welfare Act and other federal statutes, regulations, and grant conditions on research integrity, fiscal accountability, procurement, and animal welfare. It specifies that compliance with the Animal Welfare Act does not exempt any person or entity from the funding restrictions in this Act.

This section provides that if any provision of the Act is held invalid, the remainder of the Act and its application to other persons or circumstances remain in effect.