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[Senate Report 106-494]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 944
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-494

======================================================================

 
     CHIMPANZEE HEALTH IMPROVEMENT, MAINTENANCE AND PROTECTION ACT

                                _______
                                

   October 10 (legislative day, September 22), 2000.--Ordered to be 
                                printed

                                _______
                                

   Mr. Jeffords, from the Committee on Health, Education, Labor, and 
                    Pension, submitted the following

                              R E P O R T

                         [To accompany S. 2725]

    The Committee on Health, Education, Labor, and Pensions, to 
which was referred the bill (S. 2725) 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, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill (as amended) do pass.

                                CONTENTS

                                                                   Page
  I. Introduction.....................................................1
 II. Summary and purpose..............................................3
III. Legislative history and committee action.........................4
 IV. Cost estimate....................................................4
  V. Regulatory impact statement......................................6
 VI. Application of law to the legislative branch.....................6
VII. Section-by-section analysis......................................6
VIII.Changes in existing law..........................................8

                            I. Introduction

    Each year, millions of Federal tax dollars pay for the care 
of federally-sponsored research chimpanzees through funding to 
the National Institutes of Health (NIH) and other federal 
agencies.
    In 1986, the NIH launched an initiative to breed 
chimpanzees that, at the time, were thought to be useful models 
for AIDS research. When the breeding program was initiated by 
the NIH, little consideration was given to the long-term care 
of chimpanzees as it was expected that these chimpanzees would 
die prematurely from complications related to the research in 
which they had been used. However, chimpanzees have not proved 
as suitable a model as expected for AIDS research, and the 
Federal Government is now faced with a surplus of several 
hundred chimpanzees that are no longer useful in medical 
research. These ``surplus'' chimpanzees are being warehoused in 
expensive federally funded research laboratory facilities.
    In 1994, the NIH asked the National Research Council to 
provide NIH with advice on the future research needs involving 
chimpanzees and options for the long term care and support of 
chimpanzees in research. The National Research Council (NRC) 
presented its recommendations to NIH in a 1997 report, 
``Chimpanzees in Research: Strategies for Their Ethical Care, 
Management, and Use.'' The report identifies chimpanzees no 
longer needed for research, and states:

          The concept of sanctuaries capable of providing for 
        the long-term care and well-being of chimpanzees that 
        are no longer needed for research and breeding should 
        become an integral component of the strategic plan to 
        achieve the best and most cost-effective solutions to 
        the current dilemma.

    The report also considers and rejects the option of 
euthanizing surplus chimpanzees, based on views strongly 
conveyed to the NRC by members of the scientific community as 
well as the public. ``Many members of the public and the 
scientific community have called for continuing support for 
chimpanzees in an acceptable environment, rather than 
euthanizing them, even when they are no longer wanted for 
breeding or research. The committee fully recognizes the 
financial implication of this position in regard to lifetime 
funding for all animals and for additional space and facilities 
for an aging population.'' The report cites the close 
similarities between chimpanzees and humans, noting that 
``[t]here are practical as well as theoretical reasons to 
reject euthanasia as a general policy. Some of the best and 
most caring members of the support staff, such as veterinarians 
and technicians would, for personal and emotional reasons, find 
it impossible to function effectively in an atmosphere in which 
euthanasia is a general policy, and might resign. A facility 
that adopted such a policy could expect to lose some of its 
best employees.''
    S. 2725, the Chimpanzee Health Improvement, Maintenance, 
and Protection Act (CHIMP Act), addresses many of the 
recommendations included in the National Research Council 
report. The committee has reviewed testimony on the CHIMP Act 
and has found overwhelming support by members of the scientific 
and academic communities, animal welfare organizations, Dr. 
Jane Goodall, and others.
    Estimates on the number of chimpanzees who would ultimately 
be transferred to sanctuary facilities vary. The decision-
making control over how many and which chimpanzees to transfer 
would rest, under the legislation, with those who currently 
have chimpanzees in their facilities. According to the National 
Research Council's report, the existing chimpanzee population 
is well in excess of that required to meet current and 
anticipated national research needs for at least five years. 
NIH and other research facilities would decide how many 
breeding chimps to retain for any unforeseen national 
emergency. Even if the need for chimpanzees in research grows, 
not all the chimpanzees that are currently maintained by NIH 
will be appropriate for future research.
    Several researchers have provided congressional testimony 
about their interest in transferring chimpanzees no longer 
needed for research to the sanctuary system contemplated by the 
CHIMP Act. For example, Yerkes Regional Primate Research Center 
in Atlanta reported that it has 75 chimpanzees ready to be 
transferred to sanctuaries immediately, and the U.S. Air Force 
retired 144 chimpanzees 2 years ago. The committee estimates 
that between 200 and 800 chimpanzees could be transferred to 
the sanctuary system envisioned by this legislation over the 
next several years.

                        II. Summary and Purpose

    The CHIMP Act will establish a sanctuary system for 
chimpanzees no longer needed for research. Current chimpanzee 
owners will transfer title of the animals to the sanctuary 
system. Chimpanzees will only enter the sanctuary system when 
their owners determine the chimpanzee to no longer be 
appropriate for research (for example, due to advanced age or 
infections).
    The CHIMP Act provides a cost-effective solution to the 
long term care needs of these chimpanzees. Sanctuary care for 
animals requires less intensive management than animals in 
research facilities, and therefore entails lower daily costs. 
Sanctuaries also afford chimpanzees social interaction with one 
another and provide a richer environment than laboratory 
settings.
    The CHIMP Act is designed to provide a cost-effective and 
humane solution to the problem of surplus chimpanzees in 
research. The National Research Council report estimates that 
NIH currently spends between $20-$30 per day per chimpanzee on 
care. Sanctuary care is estimated to cost between $8-$15 per 
day per chimpanzee, at a considerable savings to taxpayers. 
Sanctuary facilities are also two to three times less expensive 
to build than laboratory facilities where surplus chimpanzees 
are currently warehoused. For example, Primarily Primates, a 
nonprofit sanctuary that houses retired Air Force chimpanzees, 
recently constructed housing for 30 chimpanzees at a cost of 
$750,000, or $25,000 per animal. In contrast, the New Iberia 
Research Center at the University of Louisiana is building new 
laboratory facilities to house 36 chimpanzees at a cost of $1.8 
million plus $18,000 per cage, for a total of $2.448 million, 
or $68,000 per animal.
    The report states that the ``committee enthusiastically 
supports the principal of retiring chimpanzees not needed for 
research or breeding to a low-cost, high-quality life.'' The 
committee further points out that ``[i]nnovative sanctuary 
concepts and developmental plans are encouraged. These should 
include less intensive management, low costs, and high quality 
of life for animals no longer needed for research or 
breeding.''
    Finally, this legislation establishes a public/private 
partnership, in which non-Federal dollars will help cover the 
facility and operating costs associated with caring for the 
chimpanzees. The committee urges prompt passage of the CHIMP 
Act.

             III. Legislative History and Committee Action

    On June 13, 2000, Senators Smith (of New Hampshire), 
Durbin, Kerrey, Lautenberg, and Jeffords introduced S. 2725, 
the Chimpanzee Health Improvement, Maintenance and Protection 
Act. On September 20, 2000, the Senate Committee on Health, 
Education, Labor, and Pensions met in Executive Session to 
consider Senate bill 2725, the Chimpanzee Health Improvement, 
Maintenance and Protection Act. The bill was ordered reported 
favorably by a unanimous voice vote.

                           IV. Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, October 6, 2000.
Hon. James M. Jeffords,
Chairman, Committee on Health, Education, Labor, and Pensions, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2725, the Chimpanzee 
Health Improvement, Maintenance, and Protection Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Christopher 
J. Topoleski.
            Sincerely,
                                           Steven Lieberman
                                    (For Dan L. Crippen, Director).
    Enclosure.

S. 2725--Chimpanzee Health Improvement, Maintenance, and Protection Act

    Summary: The Chimpanzee Health Improvement, Maintenance, 
and Protection Act would require the Secretary of the 
Department of Health and Human Services (DHHS) to provide 
lifetime care for ``permanently retired'' chimpanzees, defined 
as chimpanzees that are no longer needed in research or captive 
breeding programs conducted or supported by federal agencies.
    The legislation would authorize the construction of a long-
term care sanctuary through a contract between DHHS and a 
private, nonprofit entity. This entity would be required to pay 
for 10 percent of construction costs and 25 percent of the 
costs of caring for the chimpanzees. The sanctuary would accept 
both chimpanzees currently owned or supported by the federal 
government, and nonfederal chimpanzees if facilities permit. In 
the latter case, the Secretary may determine and impose an 
entrance fee for acceptance of the animal.
    Assuming the appropriation of the necessary amounts, CBO 
estimates that implementing S. 2725 would cost $11 million in 
2001 and $2 million over the 2001-2005 period. The legislation 
would not affect direct spending or receipts; therefore, pay-
as-you-go procedures would not apply.
    S. 2725 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would not affect the budgets of state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 2725 is shown in the following table. 
The costs of this legislation fall primarily within budget 
function 550 (health).

----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal year, in millions of dollars--
                                                                 -----------------------------------------------
                                                                   2000    2001    2002    2003    2004    2005
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending Under Current Law:
        Estimated Authorization Level \1\.......................       7       7       7       7       7       7
        Estimated Outlays.......................................       7       7       7       7       7       7
Proposed Changes:
    New Sanctuary Spending:
        Estimated Authorization Level...........................       0      16       0       0       0       0
        Estimated Outlays.......................................       0      11       5       0       0       0
    Care and Maintenance:
        Estimated Authorization Level...........................       0       0       2       3       3       3
        Estimated Outlays.......................................       0       0       2       3       3       3
    Elimination of Current Spending:
        Estimated Authorization Level...........................       0       0      -4      -7      -7      -7
        Estimated Outlays.......................................       0       0      -4      -7      -7      -7
    Net Changes:
        Estimated Authorization Level...........................       0      16      -2      -4      -4      -3
        Estimated Outlays.......................................       0      11       2      -4      -4      -3
Spending Under S. 2725:
    Estimated Authorization Level...............................       7      23       5       3       3       3
    Estimated Outlays...........................................       7      19       9       3       3       3
----------------------------------------------------------------------------------------------------------------
\1\ The 2000 level is the amount appropriated for that year for the agencies that would be affected by S. 2725.
  The 2001-2005 levels are CBO baseline projections.
Note.--Numbers may not sum to totals because of rounding.

    Basis of estimate: For this estimate, CBO assumes that the 
bill will be enacted early in fiscal year 2001, and that 
outlays will follow historical spending rates for the relevant 
agencies for the authorized activities. CBO based its estimates 
on amounts spent in the past for the caring of chimpanzees in 
government facilities and on discussions with individuals 
familiar with the care of primates in a sanctuary setting. The 
costs of sanctuary construction and the care and maintenance of 
surplus chimpanzees would be primarily funded by the federal 
government, with a provision in the legislation requiring a 
match by the private nonprofit entity awarded the contract to 
care for the animals. The contract holder would be responsible 
for 10 percent of the cost of facility construction and 25 
percent of the cost of routine care and maintenance of the 
chimpanzees.
    The legislation also would allow the Secretary of DHHS to 
withhold appropriated funds in a reserve account not to exceed 
a total reserve of $30 million. However, it is unclear as to 
what activities this cap would apply.
    Currently, the federal government pays for the care of 
almost 1,500 chimpanzees either purchased or bred for research. 
Of this amount, CBO estimates that over 750 animals would be 
potential candidates for long-term sanctuary care. This figure 
assumes retirement of all animals that were used in research 
and now pose a threat to public health, and almost one-half of 
those no longer needed for breeding purposes or available for 
research, but not currently in use. The remaining chimpanzees 
would not be eligible because of their use in current research 
projects, need in breeding programs, or need in maintaining an 
adequate population of research subjects should a public health 
crisis emerge. In addition, CBO estimates that new chimpanzees 
would be added to the sanctuary each year as they were no 
longer needed for research or breeding.
    CBO estimates that the cost of caring for a chimpanzee in 
an external sanctuary would be less expensive on a per capita 
basis than if the government continued to house the animals in 
federally owned and operated facilities. Therefore, the 
government would realize savings in the care and maintenance of 
the chimpanzees after 2002. However, facility construction 
between 2001 and 2002 would be in addition to what is currently 
spent as the animals are expected to remain in federal 
facilities during this time. On balance, these factors imply an 
increase in discretionary spending until construction is 
completed--probably in 2002--and a net decrease in spending 
after 2002. This estimate does not include the collection of 
any fees, to be determined by the Secretary, that may be 
imposed on the acceptance of chimpanzees into the sanctuary 
system that are not federally owned.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: S. 2725 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect the budgets of state, 
local, or tribal governments.
    Estimate prepared by: Federal Costs: Christopher J. 
Topoleski. Impact on State, Local, and Tribal Governments: Leo 
Lex. Impact on the Private Sector: Bruce Vavrichek.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                     V. Regulatory Impact Statement

    The committee has determined that there will be minimal 
increases in the regulatory burden imposed by this bill.

            VI. Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 103-1, the Congressional 
Accountability Act, requires a description of this bill to the 
legislative branch. Senate bill 2725 would amend Title IV of 
the Public Health Service Act, as amended, which provides 
extramural grants through the National Institutes of Health to 
universities and biomedical research organizations to improve 
the health of all Americans. This requirement would not apply 
to the legislative branch.

                    VII. Section-by-Section Analysis

Section 2(a). Establishment of Federal sanctuary system

    Establishes a national sanctuary system for federally owned 
or supported chimpanzees that have been used, or were bred for 
use, in research conducted or supported by the Public Health 
Service or other Federal agencies and for which it has been 
determined that the chimpanzees are no longer needed for 
research.

Section 2(b). Administration of sanctuary system

    Directs the Secretary of Health and Human Services to 
implement the act in consultation with the nonprofit entity 
established under section 2(e).

Section 2(c). Acceptance of chimpanzees into sanctuary system

    Any surplus chimpanzee that is owned by the Federal 
Government or that has been involved in federally supported 
research will be accepted into the sanctuary system subject to 
the capacity of the system. Chimpanzees not owned by the 
Federal Government can be accepted also, subject to the 
standards established under section 2(d) and space 
availability.

Section 2(d). Sanctuary system standards

    Within 180 days of enactment, the Secretary of Health and 
Human Services will establish standards for operating the 
sanctuary system based on recommendations from the nonprofit 
entity established under section 2(e) and the National Research 
Council's 1997 report, ``Chimpanzees in Research: Strategies 
for their Ethical Care, Management, and Use.'' The CHIMP Act 
prohibits the use of chimpanzees in the sanctuary system in 
research except for nonivasive behavioral studies or medical 
studies conducted during the course of normal veterinary care. 
The standards shall include provisions for proper housing, 
behavioral enrichment, and care in accordance with the Animal 
Welfare Act. Chimpanzees in the sanctuary system shall be 
prevented from breeding, shall have monitoring for their health 
and potential threats to public health, and shall not be 
subject to euthanasia except when determined to be in the 
chimpanzee's own best interest.
    This section also provides for acceptance into the 
sanctuary system of chimpanzees not owned by the Federal 
Government if the physical capacity of the system allows for 
such additions, and authorizes collection of fees for 
acceptance of such chimps.

Section 2(e). Operation of the sanctuary system

    The Secretary will establish a nonprofit entity responsible 
for operating the sanctuary system. The Secretary will appoint 
a board of directors to the nonprofit entity with balanced 
representation of experts in the fields of captive chimpanzee 
science (including primate veterinary care), animal protection, 
zoology, business management, laboratory animal medicine 
accreditation, and biohazards containment to manage and oversee 
the sanctuary system. The nonprofit entity is authorized to 
award subcontracts or grants to individual qualified sanctuary 
facilities that meet the national system's standards.
    S. 2725 requires the nonprofit entity established in 
section 2(e) to provide non-Federal contributions toward the 
costs of establishing and operating the sanctuary system. 
Specifically, the nonprofit entity will contribute 10 percent 
of the costs of establishing the sanctuary system (i.e., 
startup construction costs) and 25 percent of the operating 
costs associated with the sanctuary system (i.e., daily 
maintenance costs). S. 2725 also directs the Secretary to 
establish on a timely basis the nonprofit entity responsible 
for operating the sanctuary system.

Section 2(g). Funding

    S. 2725 authorizes up to $30 million to be made available 
for the establishment and operation of the sanctuary system so 
long as the amount appropriated for the Public Health Service 
equals or exceeds the amount appropriated in fiscal year 1999. 
The bill allows appropriators flexibility to provide the entire 
$30 million in 1 year or over the course of several years.

Section 3. Report to Congress

    The bill requires the Secretary to submit to Congress a 
report providing the number of chimpanzees owned or supported 
by the Federal Government with an accounting of user fees and 
endowments associated with these chimpanzees.

                     VIII. Changes in Existing Law

    In compliance with rule XXVI paragraph 12 of the Standing 
Rules of the Senate, the following provides a print of the 
statute or the part or section thereof to be amended or 
replaced (existing law proposed to be omitted is enclosed in 
black brackets, new matter is printed in italic, existing law 
in which no change is proposed is shown in roman):

PUBLIC HEALTH SERVICE ACT

           *       *       *       *       *       *       *

                 TITLE IV--NATIONAL RESEARCH INSTITUTES

                 Part A--National Institutes of Health

           organization of the national institutes of health

     Sec. 401. (a) * * *

           *       *       *       *       *       *       *

                     Part E--Other Agencies of NIH

           Subpart 1--National Center for Research Resources

                            general purpose

     Sec. 480. (a)(1) * * *

           *       *       *       *       *       *       *

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)(3), any chimpanzee that is not owned by the 
Federal Government shall 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 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 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. This subparagraph 
                does not prohibit noninvasive behavioral 
                studies of the chimpanzees, or medical studies 
                conducted during the course of normal 
                veterinary care that is provided for the 
                benefit of the chimpanzees.
                  (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.
                  (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) 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 enactment of this 
                        section, the chimpanzee was owned by 
                        the nonprofit private entity that 
                        receives the contract under subsection 
                        (e) or by any individual qualified 
                        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) 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 
        qualified 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, 1 member 
                        from each of the 6 fields specified in 
                        subparagraph (A) to serve a term of 2 
                        years and (in addition to the chair) 1 
                        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 enactment of the 
        Chimpanzee Health Improvement, Maintenance and 
        Protection Act, 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 or to be euthanatized (except as 
        provided in subsection (d)(2)(I)), that under such 
        subsection 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) 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, subject to the 
        approval of an entity that meets the requirements of 
        subsection (e)(2), use a portion of such amounts to 
        make awards of grants or contracts to public or private 
        entities operating facilities that provide for the 
        retirement of chimpanzees in accordance with the same 
        standards that apply to the sanctuary system pursuant 
        to regulations under subsection (d)(2). Such an award 
        may be expended for the expenses of operating the 
        facilities involved.

                                
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