I 

114TH CONGRESS 

1ST SESSION H. R. 3294 

To establish a program to assist in the importation and care of abused, 

injured, or abandoned nonhuman primates. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 29, 2015 

Mrs. ELLMERS of North Carolina (for herself, Mr. DEFAZIO, and Mr. ROONEY of Florida) introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To establish a program to assist in the importation and 

care of abused, injured, or abandoned nonhuman primates. 

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 ‘‘Sanctuary Regulatory 

5 Fairness Act of 2015’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 

8 (1) Nonhuman primates, such as chimpanzees, 

9 gorillas, orangutans, macaques, and numerous other 


rfrederick on DSK6SPTVN1PROD with BILLS
2 

•HR 3294 IH

1 species, often face abusive and cruel captive condi2 tions in other countries. 

3 (2) There is growing evidence that, absent a 

4 suitable humane alternative, these primates will re5 main or be placed in other cruel captive conditions 

6 and face inhumane deaths in areas outside the 

7 United States. 

8 (3) Regulations of the Centers for Disease Con9 trol and Prevention allow importation of nonhuman 

10 primates only for scientific, educational, or exhi11 bition purposes and not for humane lifetime shelter 

12 and care in appropriate primate sanctuaries. 

13 (4) Many of these animals could be obtained by 

14 certified primate sanctuaries in the United States 

15 and provided with shelter and care for the remainder 

16 of their natural lives in a species-appropriate, hu17 mane environment if allowed by law to be imported 

18 for such purpose. 

19 SEC. 3. DEFINITIONS. 

20 In this Act: 

21 (1) The term ‘‘certified primate sanctuary’’ 

22 means a primate sanctuary that has been certified 

23 by the Secretary pursuant to section 4. 


rfrederick on DSK6SPTVN1PROD with BILLS
3 

•HR 3294 IH

1 (2) The term ‘‘nonhuman primates’’ means the 

2 species included in the biological order Primates, ex3 cept Homo sapiens. 

4 (3) The term ‘‘primate sanctuary’’ means a fa5 cility that— 

6 (A) rescues and provides lifetime shelter 

7 and care for animals that have been abused, in8 jured, or abandoned, or are otherwise in need; 

9 (B) is an organization described in section 

10 501(c)(3) of the Internal Revenue Code of 1986 

11 and exempt from tax under section 501(a) of 

12 such Code; 

13 (C) does not commercially trade in any 

14 animals, including animal parts, animal byprod15 ucts, and animal offspring; 

16 (D) does not intentionally breed or propa17 gate nonhuman primates; 

18 (E) does not allow direct contact between 

19 the public and nonhuman primates; 

20 (F) does not allow unescorted public visita21 tion at the facility, except for discrete, non22 intrusive observation by individuals approved by 

23 the sanctuary; 


rfrederick on DSK6SPTVN1PROD with BILLS
4 

•HR 3294 IH

1 (G) does not allow animals to be removed 

2 from the facility, or from the animals’ enclo3 sures, for exhibition or education; and 

4 (H) does not conduct research on animals, 

5 except where the facility determines that— 

6 (i) the health and welfare of the ani7 mal involved is best served by participating 

8 in a treatment study; and 

9 (ii) the facility reasonably believes 

10 that the outcome of the study will provide 

11 a tangible benefit to the animal involved. 

12 (4) The term ‘‘Secretary’’ means the Secretary 

13 of Health and Human Services. 

14 SEC. 4. IMPORTATION OF NONHUMAN PRIMATES. 

15 (a) IN GENERAL.—Not later than 12 months after 

16 the date of enactment of this Act, the Secretary, con17 sistent with section 361 of the Public Health Service Act 

18 (42 U.S.C. 264; relating to control of communicable dis19 eases), shall promulgate a final rule revising section 

20 71.53(c) of title 42, Code of Federal Regulations, to ex21 pand the categories of uses for which nonhuman primates 

22 may be imported and distributed to include live nonhuman 

23 primates imported into the United States by a certified 

24 primate sanctuary for purposes of providing lifetime shel25 ter and care. 


rfrederick on DSK6SPTVN1PROD with BILLS
5 

•HR 3294 IH

1 (b) CERTIFICATION PROCESS.— 

2 (1) ESTABLISHMENT.—The rule required by 

3 subsection (a) shall establish a process under which 

4 the Secretary certifies facilities as primate sanc5 tuaries for purposes of the importation, shelter, and 

6 care of nonhuman primates, as described in sub7 section (a). 

8 (2) CRITERIA.—The Secretary shall require, as 

9 a condition of such certification, that a facility— 

10 (A) is a primate sanctuary, as defined in 

11 section 3; and 

12 (B) satisfies any other criteria that— 

13 (i) are determined to be appropriate 

14 by the Secretary; and 

15 (ii) are consistent with the criteria 

16 specified in the definition of a primate 

17 sanctuary in section 3. 

18 (3) APPLICATIONS.—To seek certification under 

19 this Act, a primate sanctuary shall submit an appli20 cation in such form, in such manner, and containing 

21 such information as the Secretary may require. Any 

22 information in an application for certification under 

23 this Act shall be protected from disclosure as proVerDate Sep 11 2014 23:45 Aug 03, 2015 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3294.IH H3294

rfrederick on DSK6SPTVN1PROD with BILLS
6 

•HR 3294 IH

1 vided in section 552(b)(4) of title 5, United States 

2 Code. 

Æ 


rfrederick on DSK6SPTVN1PROD with BILLS