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[106th Congress Public Law 551]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ551.106]

[[Page 2751]]

     CHIMPANZEE HEALTH IMPROVEMENT, MAINTENANCE, AND PROTECTION ACT

[[Page 114 STAT. 2752]]

Public Law 106-551
106th Congress

                                 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. <<NOTE: Dec. 20, 2000 -  [H.R. 3514]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Chimpanzee 
Health Improvement, Maintenance, and Protection Act.>> 

SECTION 1. SHORT <<NOTE: 42 USC 201 note.>> TITLE.

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

SEC. 2. ESTABLISHMENT OF NATIONAL SANCTUARY SYSTEM FOR FEDERALLY OWNED 
            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 <<NOTE: 42 USC 287a-
            3a.>> 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)  <<NOTE: Deadline.>> 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

[[Page 114 STAT. 2753]]

        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.--

[[Page 114 STAT. 2754]]

                    ``(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.

[[Page 114 STAT. 2755]]

                          ``(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) <<NOTE: Federal Register, 
                                publication.>> 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) <<NOTE: Deadline.>> 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;

[[Page 114 STAT. 2756]]

                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.

[[Page 114 STAT. 2757]]

                          ``(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))

[[Page 114 STAT. 2758]]

        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) <<NOTE: Deadline.>> 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

[[Page 114 STAT. 2759]]

        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.''.

SEC. 3. REPORT TO CONGRESS <<NOTE: 42 USC 287a-3a note.>> REGARDING 
            NUMBER OF CHIMPANZEES AND FUNDING FOR CARE OF CHIMPANZEES.

    With <<NOTE: Deadline.>> 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).

[[Page 114 STAT. 2760]]

            (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.

    Approved December 20, 2000.

LEGISLATIVE HISTORY--H.R. 3514 (S. 2725):
---------------------------------------------------------------------------

SENATE REPORTS: No. 106-494 accompanying S. 2725 (Comm. on Health, 
Education, Labor, and Pensions).
CONGRESSIONAL RECORD, Vol. 146 (2000):
            Oct. 24, considered and passed House.
            Dec. 6, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
            Dec. 20, Presidential statement.

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