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OLAW does not advise on matters concerning the Animal Welfare Act (AWA). The following information is provided as a courtesy only.
The Animal Welfare Act was signed into law in 1966 and is administered by the United States Department of Agriculture (USDA). It is separate from the PHS Policy (administered by OLAW), which was incorporated into law under the Health Research Extension Act of 1985. While the AWA and associated regulations have some requirements for research institutions that are similar to those in the PHS Policy, there are several key differences. Institutions should be aware that the AWA may apply to an activity even though the PHS Policy does not, and vice versa. As a general rule, OLAW expects that institutions will comply with all laws, regulations, permits, and requirements that may apply to a particular activity regardless of the regulatory body responsible.
Although OLAW does not administer the AWA and associated regulations, there are instances in which an activity may be subject to both the AWA and the PHS Policy. Institutions should be familiar with the unique requirements of both USDA and OLAW. Contact USDA for all questions regarding the implementation of the AWA.
OLAW and USDA have been working together to harmonize some requirements. The 21st Century Cures Act, Section 2034 (d), directed the NIH, USDA, and FDA to review the various requirements for research activities involving animals and to identify areas to reduce administrative burden while maintaining high standards of research integrity and animal welfare. You can find more on these harmonization efforts by vising the 21st Century Cures Act webpage. In addition, OLAW has a memorandum of understanding (MOU) with USDA where the agencies agree to communicate on the maintenance of registries/inventories of institutions and facilities subject to agency policies and regulations, the periodic conduct of routine and "for cause" inspections or site visits, efforts designed to promote voluntary compliance, and the application of a range of sanctions when necessary.
To learn more about the AWA, visit the USDA National Agricultural Library website. To contact the agency that enforces the Animal Welfare Act, visit the USDA Animal and Plant Health Inspection Service (APHIS) website.
Learn About the Animal Welfare Act USDA APHIS Website