I 

112TH CONGRESS 

1ST SESSION H. R. 1513 

To prohibit the conducting of invasive research on great apes, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 13, 2011 

Mr. BARTLETT (for himself, Mr. ISRAEL, Mr. LANGEVIN, Mr. REICHERT, Mr. 

TOWNS, Mr. ROTHMAN of New Jersey, Mrs. BONO MACK, Mr. SMITH of 

New Jersey, Mr. QUIGLEY, Mr. SHERMAN, Mr. CAMPBELL, Mr. 

HEINRICH, Mr. RANGEL, Mr. COURTNEY, Mr. SARBANES, Mr. KISSELL, 

Mr. LUJA ́N, Ms. NORTON, Mr. STARK, Ms. BORDALLO, Mr. YOUNG of 

Florida, Mr. BRADY of Pennsylvania, Mr. ELLISON, Ms. KAPTUR, Mr. 

JOHNSON of Georgia, Ms. WOOLSEY, Mr. VAN HOLLEN, Mr. ACKERMAN, 

Mr. PETERS, Mr. FILNER, Ms. SUTTON, Ms. SCHAKOWSKY, Mr. MURPHY

of Connecticut, Ms. MCCOLLUM, Mr. CARSON of Indiana, Mr. GEORGE

MILLER of California, Mr. ANDREWS, Ms. RICHARDSON, Mr. DEFAZIO, 

Mr. NADLER, Mr. MORAN, Mr. GERLACH, and Mr. HINCHEY) introduced 

the following bill; which was referred to the Committee on Energy and 

Commerce 

A BILL 

To prohibit the conducting of invasive research on great 

apes, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Great Ape Protection 

5 and Cost Savings Act of 2011’’. 


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1 SEC. 2. FINDINGS AND PURPOSE. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) chimpanzees are the only great apes cur4 rently used in invasive research in the United 

5 States; 

6 (2)(A) as of the date of introduction of this 

7 Act, there are approximately 1,000 chimpanzees 

8 housed in laboratories in the United States; 

(B) more than 1 9 ⁄2 of these chimpanzees are 

10 owned by the Federal Government; and 

11 (C) the vast majority are financially supported 

12 by the Federal Government; 

13 (3) great apes are highly intelligent and social 

14 animals; 

15 (4) research laboratory environments involving 

16 invasive research cannot meet the complex physical, 

17 social, and psychological needs of great apes; 

18 (5) invasive research performed on great apes, 

19 and the breeding, housing, maintenance, and trans20 port of great apes for these purposes, are economic 

21 in nature and substantially affect interstate com22 merce; 

23 (6) maintaining great apes in laboratories costs 

24 the Federal Government more than caring for great 

25 apes in suitable sanctuaries that are specifically deVerDate Mar 15 2010 23:15 Apr 14, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1513.IH H1513

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1 signed to provide adequate lifetime care for great 

2 apes; and 

3 (7) the National Research Council report enti4 tled ‘‘Chimpanzees in Research—Strategies for their 

5 Ethical Care, Management, and Use’’ concluded 

6 that— 

7 (A) there is a ‘‘moral responsibility’’ for 

8 the long-term care of chimpanzees used for sci9 entific research; 

10 (B) there should be a moratorium on fur11 ther chimpanzee breeding; 

12 (C) euthanasia should not be used as a 

13 means to control the size of the great ape popu14 lation; and 

15 (D) sanctuaries should be created to house 

16 chimpanzees in a manner consistent with high 

17 standards of lifetime care, social enrichment, 

18 and cognitive development. 

19 (b) PURPOSES.—The purposes of this Act are to— 

20 (1) phase out invasive research on great apes 

21 and the use of Federal funding of such research, 

22 both within and outside of the United States; 

23 (2) prohibit the transport of great apes for pur24 poses of invasive research; 


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1 (3) prohibit the breeding of great apes for pur2 poses of invasive research; and 

3 (4) require the provision of lifetime care of 

4 great apes who are owned by or under the control 

5 of the Federal Government in a suitable sanctuary 

6 through the permanent retirement of the apes. 

7 SEC. 3. DEFINITIONS. 

8 In this Act: 

9 (1) ASSIGNED TO AN ACTIVE PROTOCOL.—The 

10 term ‘‘assigned to an active protocol’’ means that a 

11 great ape is supported by, or used pursuant to, pub12 lic or private funding that requires invasive research. 

13 (2) GREAT APE.—The term ‘‘great ape’’ means 

14 any individual of the following species: 

15 (A) Chimpanzee (Pan troglodytes). 

16 (B) Bonobo (Pan paniscus). 

17 (C) Gorilla (Gorilla gorilla or Gorilla 

18 beringei). 

19 (D) Orangutan (Pongo pygmaeus or Pongo 

20 abelii). 

21 (E) Gibbon (Family Hylobatidae). 

22 (3) INVASIVE RESEARCH.— 

23 (A) IN GENERAL.—The term ‘‘invasive re24 search’’ means any research that may cause 


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1 death, injury, pain, distress, fear, or trauma to 

2 a great ape, including— 

3 (i) the testing of any drug or inten4 tional exposure to a substance that may be 

5 detrimental to the health or psychological 

6 well-being of a great ape; 

7 (ii) research that involves penetrating 

8 or cutting the body or removing body 

9 parts, restraining, tranquilizing, or anes10 thetizing a great ape; or 

11 (iii) isolation, social deprivation, or 

12 other experimental manipulations that may 

13 be detrimental to the health or psycho14 logical well-being of a great ape. 

15 (B) EXCLUSIONS.— 

16 (i) IN GENERAL.—The term ‘‘invasive 

17 research’’ does not include— 

18 (I) close observation of natural or 

19 voluntary behavior of a great ape, if 

20 the research does not require an anes21 thetic or sedation event to collect data 

22 or record observations; 

23 (II) the temporary separation of 

24 a great ape from the social group of 


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1 the great ape, leaving and returning 

2 by the own volition of the great ape; 

3 (III) post-mortem examination of 

4 a great ape that was not killed for the 

5 purpose of examination or research; 

6 and 

7 (IV) the administration of a 

8 physical exam by a licensed veteri9 narian or physician conducted for the 

10 well-being of the individual great ape. 

11 (ii) PHYSICAL EXAM.—A physical 

12 exam conducted for the well-being of an in13 dividual great ape, as described in clause 

14 (i)(IV), may include the collection of bio15 logical samples to further the well-being of 

16 the individual great ape, the social group 

17 of the great ape, or the great ape species. 

18 (4) PERMANENT RETIREMENT.— 

19 (A) IN GENERAL.—The term ‘‘permanent 

20 retirement’’ means a situation in which— 

21 (i) a great ape is placed in a suitable 

22 sanctuary that will provide for the lifetime 

23 care of the great ape; and 

24 (ii) the great ape will no longer be 

25 used in invasive research. 


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1 (B) EXCLUSION.—The term ‘‘permanent 

2 retirement’’ does not include euthanasia. 

3 (5) PERSON.—The term ‘‘person’’ means— 

4 (A) an individual, corporation, partnership, 

5 trust, association, or any other private or not6 for-profit entity; 

7 (B) any officer, employee, agent, depart8 ment, or instrumentality of the Federal Govern9 ment, a State, municipality, or political subdivi10 sion of a State; or 

11 (C) any other entity subject to the jurisdic12 tion of the United States. 

13 (6) SUITABLE SANCTUARY.—The term ‘‘suit14 able sanctuary’’ means— 

15 (A) a sanctuary that meets or exceeds the 

16 standards of care for chimpanzees held in the 

17 federally supported sanctuary system, as de18 fined in part 9 of title 42, Code of Federal Reg19 ulations; or 

20 (B) a wildlife sanctuary that is a nonprofit 

21 organization that— 

22 (i) operates a place of refuge where 

23 abused, neglected, unwanted, impounded, 

24 abandoned, orphaned, displaced, or retired 


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1 animals are provided care for the lifetime 

2 of the animal; 

3 (ii) does not conduct invasive research 

4 on animals; 

5 (iii) does not conduct any commercial 

6 activity with animals, including, at a min7 imum, sale, trade, auction, lease, or loan of 

8 animals or animal parts, or use of animals 

9 in any manner in a for-profit business or 

10 operation; 

11 (iv) does not use animals for enter12 tainment purposes or in a traveling exhibit; 

13 (v) does not breed any animals, 

14 whether intentionally or by failing to use 

15 adequate birth control methods; and 

16 (vi) does not allow members of the 

17 public the opportunity to come into phys18 ical contact with the animals. 

19 SEC. 4. PROHIBITIONS. 

20 (a) INVASIVE RESEARCH PROHIBITED.—No person 

21 shall conduct invasive research on a great ape. 

22 (b) HOUSING FOR INVASIVE RESEARCH PROHIB23 ITED.—No person shall possess, maintain, or house a 

24 great ape for the purpose of conducting invasive research. 


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1 (c) FEDERAL FUNDING FOR INVASIVE RESEARCH

2 PROHIBITED.—No Federal funds may be used to conduct 

3 invasive research on a great ape or to support an entity 

4 conducting or facilitating invasive research on a great ape 

5 either within or outside of the United States. 

6 (d) BREEDING FOR INVASIVE RESEARCH PROHIB7 ITED.—No person shall knowingly breed a great ape for 

8 the purpose of conducting or facilitating invasive research. 

9 (e) TRANSPORT FOR INVASIVE RESEARCH PROHIB10 ITED.—No person shall transport, move, deliver, receive, 

11 lease, rent, donate, purchase, sell, or borrow a great ape 

12 in interstate or foreign commerce for the purpose of con13 ducting or facilitating invasive research on a great ape. 

14 (f) TRANSFER OF OWNERSHIP PROHIBITED.—No 

15 Federal agency may transfer ownership of a great ape to 

16 a non-Federal entity unless the entity is a suitable sanc17 tuary. 

18 (g) EXEMPTION.—Nothing in this Act limits or pre19 vents individualized medical care performed on a great ape 

20 by a licensed veterinarian or physician for the well-being 

21 of the great ape, including surgical procedures or chemical 

22 treatments for birth control. 

23 SEC. 5. RETIREMENT. 

24 Notwithstanding any other provision of law, not later 

25 than 3 years after the date of enactment of this Act, the 


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1 Secretary of Health and Human Services shall effectuate 

2 the permanent retirement of all great apes owned by the 

3 Federal Government that are being maintained in any fa4 cility for the purpose of breeding for, holding for, or con5 ducting invasive research. 

6 SEC. 6. CIVIL PENALTIES. 

7 (a) IN GENERAL.—In addition to any other penalties 

8 that may apply under law, any person who violates any 

9 provision of this Act shall be assessed a civil penalty of 

10 not more than $10,000 for each violation. 

11 (b) MULTIPLE VIOLATIONS.—Each day that a viola12 tion of this Act continues shall constitute a separate of13 fense. 

14 SEC. 7. GREAT APE SANCTUARY SYSTEM FUND. 

15 (a) ESTABLISHMENT OF FUND.—There is estab16 lished in the Treasury of the United States a fund to be 

17 known as the ‘‘Great Ape Sanctuary System Fund’’ (re18 ferred to in this section as the ‘‘Fund’’), to be adminis19 tered by the Secretary of Health and Human Services, to 

20 be available without fiscal year limitation and not subject 

21 to appropriation, for construction, renovation, and oper22 ation of the sanctuary system established pursuant to sec23 tion 481C of the Public Health Service Act (42 U.S.C. 

24 287a–3a). 

25 (b) TRANSFERS TO FUND.— 


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1 (1) IN GENERAL.—The Fund shall consist of— 

2 (A) such amounts as are appropriated to 

3 the Fund under paragraph (2); and 

4 (B) such other amounts as are appro5 priated to the Fund under this Act. 

6 (2) CIVIL PENALTIES.—There are appropriated 

7 to the Fund, out of funds of the Treasury not other8 wise appropriated, amounts equivalent to amounts 

9 collected as penalties and received in the Treasury 

10 under section 6. 

11 (c) PROHIBITION.—Amounts in the Fund may not be 

12 made available for any purpose other than a purpose de13 scribed in subsection (a). 

14 (d) ANNUAL REPORTS.— 

15 (1) IN GENERAL.—Not later than 60 days after 

16 the end of each fiscal year beginning with fiscal year 

17 2012, the Secretary of Health and Human Services 

18 shall submit to the appropriate committees of Con19 gress a report on the operation of the Fund during 

20 the fiscal year. 

21 (2) CONTENTS.—Each report shall include, for 

22 the fiscal year covered by the report, the following: 

23 (A) A statement of the amounts deposited 

24 into the Fund. 


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1 (B) A description of the expenditures made 

2 from the Fund for the fiscal year, including the 

3 purpose of the expenditures. 

4 (C) Recommendations for additional au5 thorities to fulfill the purpose of the Fund. 

6 (D) A statement of the balance remaining 

7 in the Fund at the end of the fiscal year. 

8 SEC. 8. EFFECTIVE DATES. 

9 (a) PROHIBITION ON RESEARCH.—The prohibition 

10 under section (4)(a) shall take effect— 

11 (1) on the date that is 3 years after the date 

12 of enactment of this Act for great apes assigned to 

13 an active protocol on the date of enactment of this 

14 Act; or 

15 (2) on the date of enactment of this Act for 

16 great apes not assigned to an active protocol on that 

17 date. 

18 (b) PROHIBITION ON HOUSING AND FUNDING.—The 

19 prohibitions under subsections (b) and (c) of section 4 

20 shall take effect on the date that is 3 years after the date 

21 of enactment of this Act. 

22 (c) OTHER REQUIREMENTS.—Any provision of this 

23 Act for which a specific effective date is not provided shall 

24 take effect on the date of enactment of this Act. 


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1 SEC. 9. SEVERABILITY. 

2 In the event that any provision of this Act shall, for 

3 any reason, be held to be invalid or unenforceable in any 

4 respect, such invalidity or unenforceability shall not affect 

5 any other provision of this Act, and this Act shall be con6 strued as if the invalid or unenforceable provision had 

7 never been included in this Act. 

Æ 


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