[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3514 Enrolled Bill (ENR)]
H.R.3514
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To amend the Public Health Service Act to provide for a system of
sanctuaries for chimpanzees that have been designated as being no longer
needed in research conducted or supported by the Public Health Service,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This Act may be cited as the ``Chimpanzee Health Improvement,
Maintenance, and Protection Act''.

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OR SUPPORTED CHIMPANZEES NO LONGER NEEDED FOR RESEARCH.
Subpart 1 of part E of title IV of the Public Health Service Act
(42 U.S.C. 287 et seq.) is amended by inserting after section 481B the
following section:
``SEC. 481C. SANCTUARY SYSTEM FOR SURPLUS CHIMPANZEES.
``(a) In General.--The Secretary shall provide for the
establishment and operation in accordance with this section of a system
to provide for the lifetime care of chimpanzees that have been used, or
were bred or purchased for use, in research conducted or supported by
the National Institutes of Health, the Food and Drug Administration, or
other agencies of the Federal Government, and with respect to which it
has been determined by the Secretary that the chimpanzees are not
needed for such research (in this section referred to as `surplus
chimpanzees').
``(b) Administration of Sanctuary System.--The Secretary shall
carry out this section, including the establishment of regulations
under subsection (d), in consultation with the board of directors of
the nonprofit private entity that receives the contract under
subsection (e) (relating to the operation of the sanctuary system).
``(c) Acceptance of Chimpanzees Into System.--All surplus
chimpanzees owned by the Federal Government shall be accepted into the
sanctuary system. Subject to standards under subsection (d)(4), any
chimpanzee that is not owned by the Federal Government can be accepted
into the system if the owner transfers to the sanctuary system title to
the chimpanzee.
``(d) Standards for Permanent Retirement of Surplus Chimpanzees.--
``(1) In general.--Not later than 180 days after the date of
the enactment of this section, the Secretary shall by regulation
establish standards for operating the sanctuary system to provide
for the permanent retirement of surplus chimpanzees. In
establishing the standards, the Secretary shall consider the
recommendations of the board of directors of the nonprofit private
entity that receives the contract under subsection (e), and shall
consider the recommendations of the National Research Council
applicable to surplus chimpanzees that are made in the report
published in 1997 and entitled `Chimpanzees in Research--Strategies
for Their Ethical Care, Management, and Use'.
``(2) Chimpanzees accepted into system.--With respect to
chimpanzees that are accepted into the sanctuary system, standards
under paragraph (1) shall include the following:
``(A) A prohibition that the chimpanzees may not be used
for research, except as authorized under paragraph (3).
``(B) Provisions regarding the housing of the chimpanzees.
``(C) Provisions regarding the behavioral well-being of the
chimpanzees.
``(D) A requirement that the chimpanzees be cared for in
accordance with the Animal Welfare Act.
``(E) A requirement that the chimpanzees be prevented from
breeding.
``(F) A requirement that complete histories be maintained
on the health and use in research of the chimpanzees.
``(G) A requirement that the chimpanzees be monitored for
the purpose of promptly detecting the presence in the
chimpanzees of any condition that may be a threat to the public
health or the health of other chimpanzees.
``(H) A requirement that chimpanzees posing such a threat
be contained in accordance with applicable recommendations of
the Director of the Centers for Disease Control and Prevention.
``(I) A prohibition that none of the chimpanzees may be
subjected to euthanasia, except as in the best interests of the
chimpanzee involved, as determined by the system and an
attending veterinarian.
``(J) A prohibition that the chimpanzees may not be
discharged from the system. If any chimpanzee is removed from a
sanctuary facility for purposes of research authorized under
paragraph (3)(A)(ii), the chimpanzee shall be returned
immediately upon the completion of that research. All costs
associated with the removal of the chimpanzee from the
facility, with the care of the chimpanzee during such absence
from the facility, and with the return of the chimpanzee to the
facility shall be the responsibility of the entity that obtains
approval under such paragraph regarding use of the chimpanzee
and removes the chimpanzee from the sanctuary facility.
``(K) A provision that the Secretary may, in the discretion
of the Secretary, accept into the system chimpanzees that are
not surplus chimpanzees.
``(L) Such additional standards as the Secretary determines
to be appropriate.
``(3) Restrictions regarding research.--
``(A) In general.--For purposes of paragraph (2)(A),
standards under paragraph (1) shall provide that a chimpanzee
accepted into the sanctuary system may not be used for studies
or research, except as provided in clause (i) or (ii), as
follows:
``(i) The chimpanzee may be used for noninvasive
behavioral studies or medical studies based on information
collected during the course of normal veterinary care that
is provided for the benefit of the chimpanzee, provided
that any such study involves minimal physical and mental
harm, pain, distress, and disturbance to the chimpanzee and
the social group in which the chimpanzee lives.
``(ii) The chimpanzee may be used in research if--
``(I) the Secretary finds that there are special
circumstances in which there is need for that
individual, specific chimpanzee (based on that
chimpanzee's prior medical history, prior research
protocols, and current status), and there is no
chimpanzee with a similar history and current status
that is reasonably available among chimpanzees that are
not in the sanctuary system;
``(II) the Secretary finds that there are
technological or medical advancements that were not
available at the time the chimpanzee entered the
sanctuary system, and that such advancements can and
will be used in the research;
``(III) the Secretary finds that the research is
essential to address an important public health need;
and
``(IV) the design of the research involves minimal
pain and physical harm to the chimpanzee, and otherwise
minimizes mental harm, distress, and disturbance to the
chimpanzee and the social group in which the chimpanzee
lives (including with respect to removal of the
chimpanzee from the sanctuary facility involved).
``(B) Approval of research design.--
``(i) Evaluation by sanctuary board.--With respect to a
proposed use in research of a chimpanzee in the sanctuary
system under subparagraph (A)(ii), the board of directors
of the nonprofit private entity that receives the contract
under subsection (e) shall, after consultation with the
head of the sanctuary facility in which the chimpanzee has
been placed and with the attending veterinarian, evaluate
whether the design of the research meets the conditions
described in subparagraph (A)(ii)(IV) and shall submit to
the Secretary the findings of the evaluation.
``(ii) Acceptance of board findings.--The Secretary
shall accept the findings submitted to the Secretary under
clause (i) by the board of directors referred to in such
clause unless the Secretary makes a determination that the
findings of the board are arbitrary or capricious.
``(iii) Public participation.--With respect to a
proposed use in research of a chimpanzee in the sanctuary
system under subparagraph (A)(ii), the proposal shall not
be approved until--
``(I) the Secretary publishes in the Federal
Register the proposed findings of the Secretary under
such subparagraph, the findings of the evaluation by
the board under clause (i) of this subparagraph, and
the proposed evaluation by the Secretary under clause
(ii) of this subparagraph; and
``(II) the Secretary seeks public comment for a
period of not less than 60 days.
``(C) Additional restriction.--For purposes of paragraph
(2)(A), a condition for the use in studies or research of a
chimpanzee accepted into the sanctuary system is (in addition
to conditions under subparagraphs (A) and (B) of this
paragraph) that the applicant for such use has not been fined
for, or signed a consent decree for, any violation of the
Animal Welfare Act.
``(4) Non-federal chimpanzees offered for acceptance into
system.--With respect to a chimpanzee that is not owned by the
Federal Government and is offered for acceptance into the sanctuary
system, standards under paragraph (1) shall include the following:
``(A) A provision that the Secretary may authorize the
imposition of a fee for accepting such chimpanzee into the
system, except as follows:
``(i) Such a fee may not be imposed for accepting the
chimpanzee if, on the day before the date of the enactment
of this section, the chimpanzee was owned by the nonprofit
private entity that receives the contract under subsection
(e) or by any individual sanctuary facility receiving a
subcontract or grant under subsection (e)(1).
``(ii) Such a fee may not be imposed for accepting the
chimpanzee if the chimpanzee is owned by an entity that
operates a primate center, and if the chimpanzee is housed
in the primate center pursuant to the program for regional
centers for research on primates that is carried out by the
National Center for Research Resources.
Any fees collected under this subparagraph are available to the
Secretary for the costs of operating the system. Any other fees
received by the Secretary for the long-term care of chimpanzees
(including any Federal fees that are collected for such purpose
and are identified in the report under section 3 of the
Chimpanzee Health Improvement, Maintenance, and Protection Act)
are available for operating the system, in addition to
availability for such other purposes as may be authorized for
the use of the fees.
``(B) A provision that the Secretary may deny such
chimpanzee acceptance into the system if the capacity of the
system is not sufficient to accept the chimpanzee, taking into
account the physical capacity of the system; the financial
resources of the system; the number of individuals serving as
the staff of the system, including the number of professional
staff; the necessity of providing for the safety of the staff
and of the public; the necessity of caring for accepted
chimpanzees in accordance with the standards under paragraph
(1); and such other factors as may be appropriate.
``(C) A provision that the Secretary may deny such
chimpanzee acceptance into the system if a complete history of
the health and use in research of the chimpanzee is not
available to the Secretary.
``(D) Such additional standards as the Secretary determines
to be appropriate.
``(e) Award of Contract for Operation of System.--
``(1) In general.--Subject to the availability of funds
pursuant to subsection (g), the Secretary shall make an award of a
contract to a nonprofit private entity under which the entity has
the responsibility of operating (and establishing, as applicable)
the sanctuary system and awarding subcontracts or grants to
individual sanctuary facilities that meet the standards under
subsection (d).
``(2) Requirements.--The Secretary may make an award under
paragraph (1) to a nonprofit private entity only if the entity
meets the following requirements:
``(A) The entity has a governing board of directors that is
composed and appointed in accordance with paragraph (3) and is
satisfactory to the Secretary.
``(B) The terms of service for members of such board are in
accordance with paragraph (3).
``(C) The members of the board serve without compensation.
The members may be reimbursed for travel, subsistence, and
other necessary expenses incurred in carrying out the duties of
the board.
``(D) The entity has an executive director meeting such
requirements as the Secretary determines to be appropriate.
``(E) The entity makes the agreement described in paragraph
(4) (relating to non-Federal contributions).
``(F) The entity agrees to comply with standards under
subsection (d).
``(G) The entity agrees to make necropsy reports on
chimpanzees in the sanctuary system available on a reasonable
basis to persons who conduct biomedical or behavioral research,
with priority given to such persons who are Federal employees
or who receive financial support from the Federal Government
for research.
``(H) Such other requirements as the Secretary determines
to be appropriate.
``(3) Board of directors.--For purposes of subparagraphs (A)
and (B) of paragraph (2):
``(A) The governing board of directors of the nonprofit
private entity involved is composed and appointed in accordance
with this paragraph if the following conditions are met:
``(i) Such board is composed of not more than 13 voting
members.
``(ii) Such members include individuals with expertise
and experience in the science of managing captive
chimpanzees (including primate veterinary care), appointed
from among individuals endorsed by organizations that
represent individuals in such field.
``(iii) Such members include individuals with expertise
and experience in the field of animal protection, appointed
from among individuals endorsed by organizations that
represent individuals in such field.
``(iv) Such members include individuals with expertise
and experience in the zoological field (including
behavioral primatology), appointed from among individuals
endorsed by organizations that represent individuals in
such field.
``(v) Such members include individuals with expertise
and experience in the field of the business and management
of nonprofit organizations, appointed from among
individuals endorsed by organizations that represent
individuals in such field.
``(vi) Such members include representatives from
entities that provide accreditation in the field of
laboratory animal medicine.
``(vii) Such members include individuals with expertise
and experience in the field of containing biohazards.
``(viii) Such members include an additional member who
serves as the chair of the board, appointed from among
individuals who have been endorsed for purposes of clause
(ii), (iii), (iv), or (v).
``(ix) None of the members of the board has been fined
for, or signed a consent decree for, any violation of the
Animal Welfare Act.
``(B) The terms of service for members of the board of
directors are in accordance with this paragraph if the
following conditions are met:
``(i) The term of the chair of the board is 3 years.
``(ii) The initial members of the board select, by a
random method, one member from each of the six fields
specified in subparagraph (A) to serve a term of 2 years
and (in addition to the chair) one member from each of such
fields to serve a term of 3 years.
``(iii) After the initial terms under clause (ii)
expire, each member of the board (other than the chair) is
appointed to serve a term of 2 years.
``(iv) An individual whose term of service expires may
be reappointed to the board.
``(v) A vacancy in the membership of the board is
filled in the manner in which the original appointment was
made.
``(vi) If a member of the board does not serve the full
term applicable to the member, the individual appointed to
fill the resulting vacancy is appointed for the remainder
of the term of the predecessor member.
``(4) Requirement of matching funds.--The agreement required in
paragraph (2)(E) for a nonprofit private entity (relating to the
award of the contract under paragraph (1)) is an agreement that,
with respect to the costs to be incurred by the entity in
establishing and operating the sanctuary system, the entity will
make available (directly or through donations from public or
private entities) non-Federal contributions toward such costs, in
cash or in kind, in an amount not less than the following, as
applicable:
``(A) For expenses associated with establishing the
sanctuary system (as determined by the Secretary), 10 percent
of such costs ($1 for each $9 of Federal funds provided under
the contract under paragraph (1)).
``(B) For expenses associated with operating the sanctuary
system (as determined by the Secretary), 25 percent of such
costs ($1 for each $3 of Federal funds provided under such
contract).
``(5) Establishment of contract entity.--If the Secretary
determines that an entity meeting the requirements of paragraph (2)
does not exist, not later than 60 days after the date of the
enactment of this section, the Secretary shall, for purposes of
paragraph (1), make a grant for the establishment of such an
entity, including paying the cost of incorporating the entity under
the law of one of the States.
``(f) Definitions.--For purposes of this section:
``(1) Permanent retirement.--The term `permanent retirement',
with respect to a chimpanzee that has been accepted into the
sanctuary system, means that under subsection (a) the system
provides for the lifetime care of the chimpanzee, that under
subsection (d)(2) the system does not permit the chimpanzee to be
used in research (except as authorized under subsection (d)(3)) or
to be euthanized (except as provided in subsection (d)(2)(I)), that
under subsection (d)(2) the system will not discharge the
chimpanzee from the system, and that under such subsection the
system otherwise cares for the chimpanzee.
``(2) Sanctuary system.--The term `sanctuary system' means the
system described in subsection (a).
``(3) Secretary.--The term `Secretary' means the Secretary of
Health and Human Services.
``(4) Surplus chimpanzees.--The term `surplus chimpanzees' has
the meaning given that term in subsection (a).
``(g) Funding.--
``(1) In general.--Of the amount appropriated under this Act
for fiscal year 2001 and each subsequent fiscal year, the
Secretary, subject to paragraph (2), shall reserve a portion for
purposes of the operation (and establishment, as applicable) of the
sanctuary system and for purposes of paragraph (3), except that the
Secretary may not for such purposes reserve any further funds from
such amount after the aggregate total of the funds so reserved for
such fiscal years reaches $30,000,000. The purposes for which funds
reserved under the preceding sentence may be expended include the
construction and renovation of facilities for the sanctuary system.
``(2) Limitation.--Funds may not be reserved for a fiscal year
under paragraph (1) unless the amount appropriated under this Act
for such year equals or exceeds the amount appropriated under this
Act for fiscal year 1999.
``(3) Use of funds for other compliant facilities.--With
respect to amounts reserved under paragraph (1) for a fiscal year,
the Secretary may use a portion of such amounts to make awards of
grants or contracts to public or private entities operating
facilities that, as determined by the board of directors of the
nonprofit private entity that receives the contract under
subsection (e), provide for the retirement of chimpanzees in
accordance with the same standards that apply to the sanctuary
system pursuant to regulations under subsection (d). Such an award
may be expended for the expenses of operating the facilities
involved.''.

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FOR CARE OF CHIMPANZEES.
With respect to chimpanzees that have been used, or were bred or
purchased for use, in research conducted or supported by the National
Institutes of Health, the Food and Drug Administration, or other
agencies of the Federal Government, the Secretary of Health and Human
Services shall, not later than 365 days after the date of the enactment
of this Act, submit to Congress a report providing the following
information:
(1) The number of such chimpanzees in the United States,
whether owned or held by the Federal Government, any of the States,
or private entities.
(2) An identification of any requirement imposed by the Federal
Government that, as a condition of the use of such a chimpanzee in
research by a non-Federal entity--
(A) fees be paid by the entity to the Federal Government
for the purpose of providing for the care of the chimpanzee
(including any fees for long-term care); or
(B) funds be provided by the entity to a State, unit of
local government, or private entity for an endowment or other
financial account whose purpose is to provide for the care of
the chimpanzee (including any funds provided for long-term
care).
(3) An accounting for fiscal years 1999 and 2000 of all fees
paid and funds provided by non-Federal entities pursuant to
requirements described in subparagraphs (A) and (B) of paragraph
(2).
(4) In the case of such fees, a specification of whether the
fees were available to the Secretary (or other Federal officials)
pursuant to annual appropriations Acts or pursuant to permanent
appropriations.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Chimpanzee Health Improvement, Maintenance, and Protection Act

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