Companion Animal Protection Against Cruel Testing Act

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 10522 Introduced in House (IH)]

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119th CONGRESS 2d Session H. R. 10522

To prohibit the obligation or expenditure of Department of Health and Human Services funds for the use of live dogs and live cats in biomedical research, to strengthen accountability for Federal research expenditures, and for other purposes.

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IN THE HOUSE OF REPRESENTATIVES

September 21, 2026

Mr. Langworthy (for himself, Mr. Pocan, Ms. Norton, Mr. Fine, Mr. Quigley, Ms. Wasserman Schultz, Ms. Escobar, and Ms. Titus) introduced the following bill; which was referred to the Committee on Energy and Commerce

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A BILL

To prohibit the obligation or expenditure of Department of Health and Human Services funds for the use of live dogs and live cats in biomedical research, to strengthen accountability for Federal research expenditures, 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; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Companion Animal Protection Against Cruel Testing Act''. (b) Table of Contents.--The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Prohibition on the use of HHS funding for biomedical research involving live dogs or live cats. Sec. 4. Disposition of live dogs and live cats. Sec. 5. Limited waiver authority. Sec. 6. Certification requirements. Sec. 7. Recordkeeping, audits, and access to records. Sec. 8. Enforcement. Sec. 9. Debarment and suspension. Sec. 10. Whistleblower protections. Sec. 11. Transparency and annual reporting. Sec. 12. Government Accountability Office review. Sec. 13. Rules of construction. Sec. 14. Effective date. Sec. 15. Severability.

SEC. 2. DEFINITIONS.

In this Act: (1) Biomedical research.--The term ``biomedical research''-- (A) means any systematic scientific investigation, including basic research, applied research, translational research, preclinical research, product development, toxicological evaluation, or testing, that is designed to develop or contribute to generalizable knowledge concerning the prevention, diagnosis, treatment, or understanding of human disease, injury, health, or human physiology; (B) includes any research conducted to evaluate the safety, efficacy, pharmacology, toxicology, mechanism of action, or biological effects of a drug, biologic, medical device, vaccine, chemical substance, gene therapy, cell therapy, medical intervention, or other investigational product; and (C) does not include-- (i) the provision of routine veterinary diagnosis, treatment, or clinical care performed solely for the health or welfare of an individual animal; (ii) the ordinary husbandry, feeding, housing, or care of animals that is not conducted for purposes of a covered activity; (iii) noninterventional observation of animals in which the investigator does not manipulate the animal's environment, physiology, behavior, or medical care; (iv) research conducted solely for the prevention, diagnosis, treatment, or understanding of disease, injury, health, or physiology of dogs or cats; and (v) comparative clinical research involving client-owned dogs or cats with naturally occurring disease that is conducted to evaluate or develop interventions with potential relevance to human disease, including research conducted through the Canine Cancer Immunotherapy Network of the National Cancer Institute. (2) Cat.--The term ``cat'' means any live individual of the species Felis catus, regardless of age, purpose, ownership status, or breeding history. (3) Covered activity.--The term ``covered activity'' has the meaning given such term in section 3(b). (4) Covered federal agency.--The term ``covered Federal agency'' means-- (A) the National Institutes of Health; (B) the Centers for Disease Control and Prevention; (C) the Food and Drug Administration; (D) the Advanced Research Projects Agency for Health; (E) the Biomedical Advanced Research and Development Authority; (F) the Agency for Healthcare Research and Quality; and (G) any other agency or office within the Department of Health and Human Services that awards, administers, or expends Federal funds for biomedical research. (5) Dog.--The term ``dog'' means any live individual of the species Canis lupus familiaris, regardless of age, purpose, ownership status, or breeding history. (6) Recipient.--The term ``recipient'' means, with respect to the receipt of Federal funds, an individual or entity that receives such funds (or seeks to receive such funds) directly or indirectly, including institutions of higher education, nonprofit organizations, hospitals, research institutes, contractors, subcontractors, consortium participants, foreign entities, State governments, local governments, and any subrecipient thereof. (7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, unless otherwise specified.

SEC. 3. PROHIBITION ON THE USE OF HHS FUNDING FOR BIOMEDICAL RESEARCH INVOLVING LIVE DOGS OR LIVE CATS.

(a) General Prohibition.--Notwithstanding any other provision of Federal law, no funds appropriated to, or otherwise made available for, a covered Federal agency may be obligated or expended, directly or indirectly, for any covered activity. (b) Covered Activity Defined.--In this section, the term ``covered activity''-- (1) means any biomedical research activity involving a live dog or live cat, including-- (A) to procure, purchase, lease, rent, receive by donation, or otherwise acquire a live dog or live cat; (B) to breed, reproduce, maintain breeding colonies, or support breeding programs involving live dogs or live cats; (C) to import into, export from, or transport within the United States any dog or cat for purposes of biomedical research; (D) to house, kennel, shelter, maintain, feed, exercise, provide veterinary care for, or otherwise maintain live dogs or live cats used in biomedical research; (E) to perform, assist with, supervise, design, sponsor, conduct, or support biomedical research involving a live dog or cat; (F) to administer any drug, biologic, medical device, investigational product, infectious agent, toxin, radiation, chemical substance, or other experimental intervention to a live dog or live cat for purposes of a covered activity; (G) to perform, direct, supervise, sponsor, or support any surgical procedure, behavioral experiment, genetic modification, reproductive manipulation, tissue collection, imaging study conducted primarily for research purposes, biological sample collection, restraint, environmental manipulation, euthanasia performed as part of a covered activity, or any other experimental intervention involving a live dog or live cat; (H) to establish or maintain colonies of live dogs or live cats intended for present or future biomedical research; (I) to reimburse allocable indirect costs, facilities and administrative costs, overhead, or other institutional expenses attributable to a covered activity; (J) to support any substantially similar activity determined by the Secretary to involve the use of a live dog or live cat for biomedical research; and (K) any activity that materially facilitates biomedical research activity involving a live dog or live cat, including-- (i) construction, renovation, maintenance, or operation of facilities principally dedicated to covered activities; (ii) acquisition or maintenance of equipment primarily used in covered activities; (iii) providing salaries, wages, benefits, stipends, or consulting fees attributable to covered activities; (iv) data collection or management services performed principally for covered activities; and (v) administrative support directly for covered activities; and (2) does not include-- (A) veterinary care provided solely for the health or welfare of a dog or cat; (B) observational activities that do not involve intervention, manipulation, restraint, administration of substances, collection of biological samples, or alteration of the animal's normal environment or medical care; (C) transportation and rehousing of animals that were previously used in biomedical research; (D) analysis of existing data, records, or specimens where no live dog or live cat is used in a covered activity; (E) activities unrelated to biomedical research involving a live dog or live cat; and (F) the housing, sheltering, transportation, veterinary care, rehabilitation, retirement, adoption, transfer, or other disposition of dogs or cats previously used in biomedical research, provided that such activities are undertaken solely to provide for the health, welfare, or placement of such animals and not to facilitate any covered activity. (c) No Circumvention.--No recipient of funding from a covered Federal agency may circumvent the requirements of this section by-- (1) acquiring dogs or cats using non-Federal funds while charging personnel, equipment, supplies, facilities, or other research costs to Federal funds; (2) transferring covered activities to affiliated institutions or related entities; (3) conducting covered activities through subcontractors, consultants, consortium participants, or foreign entities; or (4) dividing a project into multiple funding sources to conceal the use of Federal funds. (d) Relationship to Other Law.--Nothing in this section shall be construed-- (1) to authorize any activity otherwise prohibited by Federal law; (2) to limit the authority of the Secretary of Agriculture under the Animal Welfare Act (7 U.S.C. 2131 et seq.) to administer and enforce that Act; or (3) to diminish any requirement applicable under any other provision of Federal law governing research misconduct, fiscal accountability, or animal welfare.

SEC. 4. DISPOSITION OF LIVE DOGS AND LIVE CATS.

As a condition of receiving funding from a covered Federal agency, a recipient of such funding-- (1) shall 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, adoption programs, or other appropriate entities, consistent with animal health, veterinary judgment, public safety, and applicable law; and (2) may only perform euthanasia on a live dog or live cat upon the determination of a licensed veterinarian that such euthanasia is necessary due to the animal's medical condition, behavioral condition, or other compelling animal welfare or public safety considerations.

SEC. 5. LIMITED WAIVER AUTHORITY.

(a) In General.--The Secretary may issue (or renew) a waiver of any requirement of this Act if and only if the Secretary determines, in writing, that-- (1) the waiver is necessary to respond to-- (A) a public health emergency determined to exist by the Secretary under section 319 of the Public Health Service Act (42 U.S.C. 247d); (B) a national emergency declared by the President under section 201 of the National Emergencies Act (50 U.S.C. 1621); or (C) a national security emergency directly affecting the United States; (2) no scientifically valid alternative method is reasonably available; (3) the waiver is limited to the minimum duration and scope necessary to address the emergency; and (4) failure to grant the waiver would likely result in a significant and immediate threat to public health or national security. (b) Duration.--A waiver under this section shall expire not later than 180 days after issuance unless renewed by the Secretary in accordance with subsection (a). (c) Congressional Notification.--Not later than 15 days after issuing or renewing a waiver under this section, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate written notice describing-- (1) a detailed justification for the waiver, including the specific national security or public health need; (2) a description of the relevant research to be conducted, including the number and species of animals involved; (3) the projected cost to taxpayers of such research; (4) an explanation of why alternatives to such research are not feasible; and (5) the expected duration of the waiver.

SEC. 6. CERTIFICATION REQUIREMENTS.

(a) Pre-Funding Certification.--As a condition of receiving funding from a covered Federal agency, a recipient shall certify, in such form and manner as the Secretary may prescribe, that-- (1) neither the applicant nor any proposed subrecipient, contractor, consortium participant, or other collaborating entity will obligate or expend the funding for any covered activity; (2) the recipient has implemented internal controls reasonably designed to ensure compliance with this Act; (3) all material representations made in the certification are true, complete, and accurate to the best knowledge of the recipient; and (4) the recipient acknowledges that the certification constitutes a material condition of the award. (b) Annual Certification.--Each recipient shall submit an annual certification affirming continued compliance with this Act. (c) Notification of Noncompliance.-- (1) Notification.--Not later than 30 days after a recipient discovers information indicating a violation of this Act or a materially false certification by the recipient, the recipient shall notify the Secretary in writing of such information. (2) Withholding of funding.--If the Secretary determines, in writing, that a recipient has violated paragraph (1), the Secretary may withhold funding from a covered Federal agency from such recipient for a period not to exceed 3 years. (d) False Statements.--Nothing in this Act shall be construed to limit the applicability of any Federal law concerning false statements, false claims, or fraud relating to certifications submitted under this section.

SEC. 7. RECORDKEEPING, AUDITS, AND ACCESS TO RECORDS.

(a) Record Retention.--Each recipient of funding from a covered Federal agency shall maintain, for a period of not less than 6 years following the receipt of such funding, records sufficient to demonstrate compliance with this Act. (b) Required Documentation.--The records referred to in subsection (a) shall include, as applicable-- (1) procurement records; (2) animal acquisition records; (3) subaward agreements; (4) contracts and purchase orders; (5) invoices and financial records; (6) institutional compliance policies; (7) internal audit reports; (8) certifications submitted under this Act; and (9) any additional records determined by the Secretary to be reasonably necessary for oversight. (c) Access to Facilities, Personnel, and Records.--As a condition of receiving funding from a covered Federal agency, a recipient shall provide reasonable access to the Secretary, the Office of Inspector General of the Department of Health and Human Services, and the Comptroller General of the United States to facilities, personnel, and records of the recipient necessary to demonstrate compliance with this Act, subject to any applicable protections in Federal law for classified information, confidential commercial information, and personally identifiable information.

SEC. 8. ENFORCEMENT.

(a) Administrative Remedies.--If the Secretary determines, in writing, that a recipient has violated this Act, the Secretary may-- (1) withhold further funding from a covered Federal agency to such recipient; (2) recover from the recipient such funding that the Secretary determines has been expended in violation of this Act; and (3) impose any other administrative remedy authorized by law. (b) Opportunity To Respond.--Before taking action under subsection (a), the Secretary shall provide the recipient with written notice of the proposed action and a reasonable opportunity to submit information in response, except where the Secretary determines, in writing, that immediate action is necessary to protect the interests of the United States. (c) Referral.--Nothing in this section shall preclude referral of a matter to the Department of Justice or any other appropriate authority where the facts may warrant civil, administrative, or criminal proceedings under other provisions of Federal law.

SEC. 9. DEBARMENT AND SUSPENSION.

(a) Authority.--In addition to any other remedy available under Federal law, the Secretary may initiate suspension or debarment proceedings, with respect to any license or privilege extended by a covered Federal agency, against a recipient that knowingly or repeatedly violates this Act, consistent with other provisions of Federal law. (b) Factors.--In determining whether suspension or debarment is appropriate under this section, the Secretary may consider-- (1) the nature and seriousness of the violation; (2) whether the violation was knowing, reckless, or inadvertent; (3) the recipient's history of compliance with Federal grant requirements; (4) the adequacy of corrective actions undertaken by the recipient; and (5) any other factor that the Secretary determines to be relevant to protecting the integrity of Federal research funding. (c) Effect.--A recipient that is debarred under this section shall be ineligible to receive covered Federal funds for the period specified in the debarment determination, consistent with applicable Federal regulations.

SEC. 10. WHISTLEBLOWER PROTECTIONS.

(a) Protected Disclosures.--No recipient of funds from a covered Federal agency may discharge, demote, suspend, threaten, harass, discriminate against, or otherwise retaliate against an employee, contractor, student, trainee, or other individual because that individual, in good faith-- (1) reports a suspected violation of this Act; (2) provides information to the Secretary, the Office of Inspector General, the Comptroller General, Congress, or another authorized governmental entity; (3) participates in an audit, investigation, hearing, or other proceeding concerning compliance with this Act; or (4) refuses to participate in conduct that the individual reasonably believes would violate this Act. (b) Complaint Procedure.--The Secretary shall establish procedures for receiving, investigating, and resolving complaints alleging retaliation prohibited under this section. (c) Remedies.--Where a violation of subsection (a) is substantiated, the Secretary may require appropriate corrective action as a condition of continued eligibility for funding from a covered Federal agency, including reinstatement, restoration of responsibilities, or other equitable relief consistent with applicable law. (d) Construction.--Nothing in this section shall be construed to limit any rights or remedies otherwise available under Federal law relating to whistleblower protections.

SEC. 11. TRANSPARENCY AND ANNUAL REPORTING.

(a) Annual Report to Congress.--Not later than 180 days after the end of each fiscal year, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report concerning the implementation of this Act. (b) Contents.--A report under subsection (a) shall include-- (1) the number and type of covered Federal agency funding applications reviewed for compliance with this Act; (2) the number of certifications received pursuant to section 6; (3) the number of awards withheld or denied due to noncompliance with this Act; (4) the number and status of audits, inspections, and investigations conducted under this Act; (5) the status of dogs and cats previously used in biomedical research and activities to ensure their welfare and encourage their rehoming and adoption; (6) the total amount of Federal funds recovered under section 8; (7) a summary of corrective actions implemented by recipients; (8) a description of guidance issued by the Secretary to implement this Act; and (9) recommendations, if any, for additional legislative or administrative action. (c) Public Availability.--Not later than 30 days after submitting a report under subsection (a), the Secretary shall make the report publicly available on the website of the Department of Health and Human Services, except that information protected from public disclosure under Federal law shall be redacted.

SEC. 12. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW.

(a) Review Required.--The Comptroller General of the United States shall conduct an independent review of the implementation and administration of this Act. (b) Scope of Review.--The review under subsection (a) shall evaluate-- (1) the effectiveness of the certification process; (2) the adequacy of oversight and enforcement activities; (3) the veterinary services provided to dogs and cats in biomedical research facilities; (4) compliance by recipients of covered Federal agency funding; (5) the administrative burden associated with implementation; (6) the effectiveness of internal controls established by covered Federal agencies; and (7) any recommendations for improving administration of this Act. (c) Submission.--Not later than 3 years after the effective date of this Act, the Comptroller General of the United States shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report describing the results of the review under subsection (a).

SEC. 13. RULES OF CONSTRUCTION.

(a) Relationship to Animal Welfare Act.--Nothing in this Act shall be construed to amend, repeal, or supersede any requirement of the Animal Welfare Act (7 U.S.C. 2131 et seq.). Compliance with that Act shall not exempt any person or entity from the funding restrictions established by this Act. (b) Other Federal Requirements.--Nothing in this Act shall be construed to alter obligations imposed under any other applicable Federal statute, regulation, or grant condition governing research integrity, fiscal accountability, procurement, or animal welfare.

SEC. 14. EFFECTIVE DATE.

This Act shall only apply to Federal funding obligated or expended on or after the date that is 180 days after the date of enactment of this Act.

SEC. 15. SEVERABILITY.

If any provision of this Act, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this Act, and the application of such provisions to any other person or circumstance, shall not be affected. <all>