89–010

Calendar No. 944

106TH CONGRESS REPORT

2d Session " ! SENATE 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

REPORT

[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

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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 faciliVerDate 11-MAY-2000 04:37 Oct 12, 2000 Jkt 089010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\SR494.XXX pfrm03 PsN: SR494
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ties 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.

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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.

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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,

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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).

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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

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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

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(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 CHIM- PANZEES.—

(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

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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:

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(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.

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(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

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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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