S. 1378 – AFTER Act of 2021

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Updated February 8, 2026 at 2:17 AM UTC

The AFTER Act amends the Animal Welfare Act so that federal research facilities can retire animals that are no longer needed for research. It creates definitions for rescue organizations, sanctuaries, shelters, and what qualifies as a “covered animal” and “suitable for retirement.” The bill requires agencies to issue regulations within 90 days to encourage adoption or placement of these animals, especially chimpanzees, while preserving any stricter state or local animal‑welfare laws.

Key Provisions

Defines “animal rescue organization,” “animal sanctuary,” “animal shelter,” “covered animal,” and “suitable for retirement” for use in federal research contexts.
Allows federal labs to transport chimpanzees used in research to accredited sanctuaries without additional restrictions.
Mandates that, within 90 days, agencies publish regulations to facilitate adoption or placement of retired animals with rescue groups, sanctuaries, shelters, or private owners, including consideration of placements beyond the local area.
Ensures the new requirements do not preempt any state or local laws that are more stringent than the federal standards.
Renumbers certain subsections of the Animal Welfare Act’s Section 13 for technical consistency.

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Sponsor introductory remarks on measure: CR S2227)

Agriculture, Nutrition, and Forestry Committee

April 27, 2021

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SenateIntro Referral

Introduced in Senate

April 27, 2021

SenateIntro Referral

Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Sponsor introductory remarks on measure: CR S2227)

Agriculture, Nutrition, and Forestry Committee

April 27, 2021

Floor Debate

2 members

What members said about S. 1378 on the floor

1 Republican1 Democrat

Sen. Susan M. CollinsR-ME · Apr 27, 2021

Mr. President, I am pleased to join my colleague from Michigan, Senator Peters, in introducing the Animal Freedom from Testing, Experiments, and Research Act, known as the AFTER Act, to promote the…

Mr. President, I am pleased to join my colleague from Michigan, Senator Peters, in introducing the Animal Freedom from Testing, Experiments, and Research Act, known as the AFTER Act, to promote the adoption or retirement of animals used for research by Federal agencies.

In fiscal year 2019, the Federal government experimented on approximately 38,000 animals for research purposes. These experiments occurred across fourteen different federal agencies. The animals used were mainly cats, dogs, monkeys, and rabbits. Tracking these animals following experimentation is challenging. In many instances, animals no longer needed for research are killed since many agencies lack formal retirement or adoption policies. Recent peer-reviewed studies indicate that research animals that are adopted, however, often thrive in their new environments.

In 2013, led by Senators Harkin, Alexander, Cantwell and myself, the Senate passed the CHIMP Act, which allowed for the retirement of hundreds of primates that were formerly used in National Institute of Health (NIH) experiments. In addition, the Departments of Defense, Veterans Affairs, FDA, and NIH recently enacted successful animal retirement policies. While I am encouraged by the Senate's past work on primates and the recent policies developed by a few Federal agencies, there are many other Federal agencies, including the Agriculture Department, NASA, and the Environmental Protection Agency, that lack formal policies for animals used in experiments.

The AFTER Act builds on successful policies at DOD, VA, and NIH by directing all Federal agencies to promulgate regulations that would facilitate the retirement of laboratory animals. The bill provides flexibility for each agency to devise its own policy, with the goal of ensuring that such animals, whenever possible, are retired and not killed. Additionally, the AFTER Act requires that animals be evaluated by a licensed veterinarian and pronounced both mentally and physically healthy before leaving an agency. This will help ensure a smooth transition to a new environment.

Our legislation also encourages Federal agencies to work with non- profit organizations to help place retired animals in sanctuaries and shelters across the country, not just those closest to the research facility. This would allow a State like Maine, which does not have Federal research labs that use animals, to play a role in retiring these animals and providing homes for them.

Mr. President, animals that are suitable for adoption or retirement should not be killed by our Federal government. The AFTER Act would provide the necessary direction Federal agencies need in order to move forward with developing retirement policies. I urge all of my colleagues to join in support of this important bipartisan legislation, the Animal Freedom from Testing, Experiments, and Research Act.

Sen. Susan M. CollinsR-ME · Apr 27, 2021

Mr. President, I am pleased to join my colleague from Michigan, Senator Peters, in introducing the Animal Freedom from Testing, Experiments, and Research Act, known as the AFTER Act, to promote the…

Mr. President, I am pleased to join my colleague from Michigan, Senator Peters, in introducing the Animal Freedom from Testing, Experiments, and Research Act, known as the AFTER Act, to promote the adoption or retirement of animals used for research by Federal agencies.

In fiscal year 2019, the Federal government experimented on approximately 38,000 animals for research purposes. These experiments occurred across fourteen different federal agencies. The animals used were mainly cats, dogs, monkeys, and rabbits. Tracking these animals following experimentation is challenging. In many instances, animals no longer needed for research are killed since many agencies lack formal retirement or adoption policies. Recent peer-reviewed studies indicate that research animals that are adopted, however, often thrive in their new environments.

In 2013, led by Senators Harkin, Alexander, Cantwell and myself, the Senate passed the CHIMP Act, which allowed for the retirement of hundreds of primates that were formerly used in National Institute of Health (NIH) experiments. In addition, the Departments of Defense, Veterans Affairs, FDA, and NIH recently enacted successful animal retirement policies. While I am encouraged by the Senate's past work on primates and the recent policies developed by a few Federal agencies, there are many other Federal agencies, including the Agriculture Department, NASA, and the Environmental Protection Agency, that lack formal policies for animals used in experiments.

The AFTER Act builds on successful policies at DOD, VA, and NIH by directing all Federal agencies to promulgate regulations that would facilitate the retirement of laboratory animals. The bill provides flexibility for each agency to devise its own policy, with the goal of ensuring that such animals, whenever possible, are retired and not killed. Additionally, the AFTER Act requires that animals be evaluated by a licensed veterinarian and pronounced both mentally and physically healthy before leaving an agency. This will help ensure a smooth transition to a new environment.

Our legislation also encourages Federal agencies to work with non- profit organizations to help place retired animals in sanctuaries and shelters across the country, not just those closest to the research facility. This would allow a State like Maine, which does not have Federal research labs that use animals, to play a role in retiring these animals and providing homes for them.

Mr. President, animals that are suitable for adoption or retirement should not be killed by our Federal government. The AFTER Act would provide the necessary direction Federal agencies need in order to move forward with developing retirement policies. I urge all of my colleagues to join in support of this important bipartisan legislation, the Animal Freedom from Testing, Experiments, and Research Act.

Sen. Richard J. DurbinD-IL · Apr 27, 2021

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

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Introduced in SenateIssued April 27, 2021

II

117th CONGRESS

1st Session

S. 1378

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.

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.

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:

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).