II

106TH CONGRESS

2D SESSION 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.

IN THE SENATE OF THE UNITED STATES

JUNE 13, 2000

Mr. SMITH of New Hampshire (for himself, Mr. DURBIN, Mr. KERREY, Mr.

LAUTENBERG, and Mr. JEFFORDS) introduced the following bill; which

was read twice and referred to the Committee on Health, Education,

Labor, and Pensions

A BILL

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.

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 ‘‘Chimpanzee Health

5 Improvement, Maintenance and Protection Act’’.
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1 SEC. 2. ESTABLISHMENT OF NATIONAL SANCTUARY SYS2 TEM FOR FEDERALLY OWNED OR SUP3 PORTED CHIMPANZEES NO LONGER NEEDED

4 FOR RESEARCH.

5 (a) IN GENERAL.—The Secretary shall provide for

6 the establishment and operation in accordance with this

7 section of a system to provide for the lifetime care of chim8 panzees that have been used, or were bred or purchased

9 for use, in research conducted or supported by the Na10 tional Institutes of Health, the Food and Drug Adminis11 tration, or other agencies of the Federal Government, and

12 with respect to which it has been determined by the Sec13 retary that the chimpanzees are not needed for such re14 search (in this section referred to as ‘surplus chim15 panzees’).

16 (b) ADMINISTRATION OF SANCTUARY SYSTEM.—The

17 Secretary shall carry out this section, including the estab18 lishment of regulations under subsection (d), in consulta19 tion with the board of directors of the nonprofit private

20 entity that receives the contract under subsection (e) (re21 lating to the operation of the sanctuary system).

22 (c) ACCEPTANCE OF CHIMPANZEES INTO SYSTEM.—

23 All surplus chimpanzees owned by the Federal Govern24 ment shall be accepted into the sanctuary system. Subject

25 to standards under subsection (d)(3), any chimpanzee that

26 is not owned by the Federal Government shall be accepted
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1 into the system if the owner transfers to the sanctuary

2 system title to the chimpanzee.

3 (d) STANDARDS FOR PERMANENT RETIREMENT OF

4 SURPLUS CHIMPANZEES.—

5 (1) IN GENERAL.—Not later than 180 days

6 after the date of enactment of this Act, the Sec7 retary shall by regulation establish standards for op8 erating the sanctuary system to provide for the per9 manent retirement of surplus chimpanzees. In estab10 lishing the standards, the Secretary shall consider

11 the recommendations of the board of directors of the

12 nonprofit private entity that receives the contract

13 under subsection (e) and the National Research

14 Council applicable to surplus chimpanzees that are

15 made in the report published in 1997 and entitled

16 ‘‘Chimpanzees in Research—Strategies for Their

17 Ethical Care, Management, and Use’’.

18 (2) CHIMPANZEES ACCEPTED INTO SYSTEM.—

19 With respect to chimpanzees that are accepted into

20 the sanctuary system, standards under paragraph

21 (1) shall include the following:

22 (A) A prohibition that the chimpanzees

23 may not be used for research. This subpara24 graph does not prohibit noninvasive behavioral

25 studies of the chimpanzees, or medical studies
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1 conducted during the course of normal veteri2 nary care that is provided for the benefit of the

3 chimpanzees.

4 (B) Provisions regarding the housing of

5 the chimpanzees.

6 (C) Provisions regarding the behavioral

7 well-being of the chimpanzees.

8 (D) A requirement that the chimpanzees

9 be cared for in accordance with the Animal

10 Welfare Act.

11 (E) A requirement that the chimpanzees

12 be prevented from breeding.

13 (F) A requirement that complete histories

14 be maintained on the health and use in research

15 of the chimpanzees.

16 (G) A requirement that the chimpanzees

17 be monitored for the purpose of promptly de18 tecting the presence in the chimpanzees of any

19 condition that may be a threat to the public

20 health or the health of other chimpanzees.

21 (H) A requirement that chimpanzees pos22 ing such a threat be contained in accordance

23 with applicable recommendations of the Direc24 tor of the Centers for Disease Control and Pre25 vention.
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1 (I) A prohibition that none of the chim2 panzees may be subjected to euthanasia, except

3 as in the best interests of the chimpanzee in4 volved, as determined by the system and an at5 tending veterinarian.

6 (J) A prohibition that the chimpanzees

7 may not be discharged from the system.

8 (K) A provision that the Secretary may, in

9 the discretion of the Secretary, accept into the

10 system chimpanzees that are not surplus chim11 panzees.

12 (L) Such additional standards as the Sec13 retary determines to be appropriate.

14 (3) NON-FEDERAL CHIMPANZEES OFFERED

15 FOR ACCEPTANCE INTO SYSTEM.—With respect to a

16 chimpanzee that is not owned by the Federal Gov17 ernment and is offered for acceptance into the sanc18 tuary system, standards under paragraph (1) shall

19 include the following:

20 (A) A provision that the Secretary may au21 thorize the imposition of a fee for accepting

22 such chimpanzee into the system, except as fol23 lows:

24 (i) Such a fee may not be imposed for

25 accepting the chimpanzee if, on the day be-
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1 fore the date of enactment of this Act, the

2 chimpanzee was owned by the nonprofit

3 private entity that receives the contract

4 under subsection (e) or by any individual

5 qualified sanctuary facility receiving a sub6 contract or grant under subsection (e)(1).

7 (ii) Such a fee may not be imposed for

8 accepting the chimpanzee if the chim9 panzee is owned by an entity that operates

10 a primate center, and if the chimpanzee is

11 housed in the primate center pursuant to

12 the program for regional centers for re13 search on primates that is carried out by

14 the National Center for Research Re15 sources.

16 Any fees collected under this subparagraph are

17 available to the Secretary for the costs of oper18 ating the system. Any other fees received by the

19 Secretary for the long-term care of chimpanzees

20 (including any Federal fees that are collected

21 for such purpose and are identified in the re22 port under section 3) are available for operating

23 the system, in addition to availability for such

24 other purposes as may be authorized for the use

25 of the fees.
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1 (B) A provision that the Secretary may

2 deny such chimpanzee acceptance into the sys3 tem if the capacity of the system is not suffi4 cient to accept the chimpanzee, taking into ac5 count the physical capacity of the system; the

6 financial resources of the system; the number of

7 individuals serving as the staff of the system,

8 including the number of professional staff; the

9 necessity of providing for the safety of the staff

10 and of the public; the necessity of caring for ac11 cepted chimpanzees in accordance with the

12 standards under paragraph (1); and such other

13 factors as may be appropriate.

14 (C) A provision that the Secretary may

15 deny such chimpanzee acceptance into the sys16 tem if a complete history of the health and use

17 in research of the chimpanzee is not available to

18 the Secretary.

19 (D) Such additional standards as the Sec20 retary determines to be appropriate.

21 (e) AWARD OF CONTRACT FOR OPERATION OF SYS22 TEM.—

23 (1) IN GENERAL.—Subject to the availability of

24 funds pursuant to subsection (g), the Secretary shall

25 make an award of a contract to a nonprofit private
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1 entity under which the entity has the responsibility

2 of operating (and establishing, as applicable) the

3 sanctuary system and awarding subcontracts or

4 grants to individual qualified sanctuary facilities

5 that meet the standards under subsection (d).

6 (2) REQUIREMENTS.—The Secretary may make

7 an award under paragraph (1) to a nonprofit private

8 entity only if the entity meets the following require9 ments:

10 (A) The entity has a governing board of

11 directors that is composed and appointed in ac12 cordance with paragraph (3) and is satisfactory

13 to the Secretary.

14 (B) The terms of service for members of

15 such board are in accordance with paragraph

16 (3).

17 (C) The members of the board serve with18 out compensation. The members may be reim19 bursed for travel, subsistence, and other nec20 essary expenses incurred in carrying out the du21 ties of the board.

22 (D) The entity has an executive director

23 meeting such requirements as the Secretary de24 termines to be appropriate.
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1 (E) The entity makes the agreement de2 scribed in paragraph (4) (relating to non-Fed3 eral contributions).

4 (F) The entity agrees to comply with

5 standards under subsection (d).

6 (G) The entity agrees to make necropsy re7 ports on chimpanzees in the sanctuary system

8 available on a reasonable basis to persons who

9 conduct biomedical or behavioral research, with

10 priority given to such persons who are Federal

11 employees or who receive financial support from

12 the Federal Government for research.

13 (H) Such other requirements as the Sec14 retary determines to be appropriate.

15 (3) BOARD OF DIRECTORS.—For purposes of

16 subparagraphs (A) and (B) of paragraph (2):

17 (A) The governing board of directors of

18 the nonprofit private entity involved is com19 posed and appointed in accordance with this

20 paragraph if the following conditions are met:

21 (i) Such board is composed of not

22 more than 13 voting members.

23 (ii) Such members include individuals

24 with expertise and experience in the

25 science of managing captive chimpanzees
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1 (including primate veterinary care), ap2 pointed from among individuals endorsed

3 by organizations that represent individuals

4 in such field.

5 (iii) Such members include individuals

6 with expertise and experience in the field

7 of animal protection, appointed from

8 among individuals endorsed by organiza9 tions that represent individuals in such

10 field.

11 (iv) Such members include individuals

12 with expertise and experience in the zoo13 logical field (including behavioral prima14 tology), appointed from among individuals

15 endorsed by organizations that represent

16 individuals in such field.

17 (v) Such members include individuals

18 with expertise and experience in the field

19 of the business and management of non20 profit organizations, appointed from

21 among individuals endorsed by organiza22 tions that represent individuals in such

23 field.

24 (vi) Such members include representa25 tives from entities that provide accredita-
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1 tion in the field of laboratory animal medi2 cine.

3 (vii) Such members include individuals

4 with expertise and experience in the field

5 of containing biohazards.

6 (viii) Such members include an addi7 tional member who serves as the chair of

8 the board, appointed from among individ9 uals who have been endorsed for purposes

10 of clause (ii), (iii), (iv), or (v).

11 (ix) None of the members of the

12 board has been fined for, or signed a con13 sent decree for, any violation of the Animal

14 Welfare Act.

15 (B) The terms of service for members of

16 the board of directors are in accordance with

17 this paragraph if the following conditions are

18 met:

19 (i) The term of the chair of the board

20 is 3 years.

21 (ii) The initial members of the board

22 select, by a random method, 1 member

23 from each of the 6 fields specified in sub24 paragraph (A) to serve a term of 2 years

25 and (in addition to the chair) 1 member
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1 from each of such fields to serve a term of

2 3 years.

3 (iii) After the initial terms under

4 clause (ii) expire, each member of the

5 board (other than the chair) is appointed

6 to serve a term of 2 years.

7 (iv) An individual whose term of serv8 ice expires may be reappointed to the

9 board.

10 (v) A vacancy in the membership of

11 the board is filled in the manner in which

12 the original appointment was made.

13 (vi) If a member of the board does not

14 serve the full term applicable to the mem15 ber, the individual appointed to fill the re16 sulting vacancy is appointed for the re17 mainder of the term of the predecessor

18 member.

19 (4) REQUIREMENT OF MATCHING FUNDS.—The

20 agreement required in paragraph (2)(E) for a non21 profit private entity (relating to the award of the

22 contract under paragraph (1)) is an agreement that,

23 with respect to the costs to be incurred by the entity

24 in establishing and operating the sanctuary system,

25 the entity will make available (directly or through
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1 donations from public or private entities) non-Fed2 eral contributions toward such costs, in cash or in

3 kind, in an amount not less than the following, as

4 applicable:

5 (A) For expenses associated with estab6 lishing the sanctuary system (as determined by

7 the Secretary), 10 percent of such costs ($1 for

8 each $9 of Federal funds provided under the

9 contract under paragraph (1)).

10 (B) For expenses associated with operating

11 the sanctuary system (as determined by the

12 Secretary), 25 percent of such costs ($1 for

13 each $3 of Federal funds provided under such

14 contract).

15 (5) ESTABLISHMENT OF CONTRACT ENTITY.—

16 If the Secretary determines that an entity meeting

17 the requirements of paragraph (2) does not exist,

18 not later than 60 days after the date of enactment

19 of the Chimpanzee Health Improvement, Mainte20 nance and Protection Act, the Secretary shall, for

21 purposes of paragraph (1), make a grant for the es22 tablishment of such an entity, including paying the

23 cost of incorporating the entity under the law of one

24 of the States.

25 (f) DEFINITIONS.—For purposes of this section:
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1 (1) PERMANENT RETIREMENT.—The term

2 ‘‘permanent retirement’’, with respect to a chim3 panzee that has been accepted into the sanctuary

4 system, means that under subsection (a), the system

5 provides for the lifetime care of the chimpanzee, that

6 under subsection (d)(2), the system does not permit

7 the chimpanzee to be used in research or to be

8 euthanatized (except as provided in subsection

9 (d)(2)(I)), that under such subsection the system

10 will not discharge the chimpanzee from the system,

11 and that under such subsection the system otherwise

12 cares for the chimpanzee.

13 (2) SANCTUARY SYSTEM.—The term ‘‘sanc14 tuary system’’ means the system described in sub15 section (a).

16 (3) SECRETARY.—The term ‘‘Secretary’’ means

17 the Secretary of Health and Human Services.

18 (4) SURPLUS CHIMPANZEES.—The term ‘‘sur19 plus chimpanzees’’ has the meaning given that term

20 in subsection (a).

21 (g) FUNDING.—

22 (1) IN GENERAL.—Of the amount appropriated

23 under this Act for fiscal year 2001 and each subse24 quent fiscal year, the Secretary, subject to para25 graph (2), shall reserve a portion for purposes of the
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1 operation (and establishment, as applicable) of the

2 sanctuary system and for purposes of paragraph (3),

3 except that the Secretary may not for such purposes

4 reserve any further funds from such amount after

5 the aggregate total of the funds so reserved for such

6 fiscal years reaches $30,000,000. The purposes for

7 which funds reserved under the preceding sentence

8 may be expended include the construction and ren9 ovation of facilities for the sanctuary system.

10 (2) LIMITATION.—Funds may not be reserved

11 for a fiscal year under paragraph (1) unless the

12 amount appropriated under this Act for such year

13 equals or exceeds the amount appropriated under

14 this Act for fiscal year 1999.

15 (3) USE OF FUNDS FOR OTHER COMPLIANT FA16 CILITIES.—With respect to amounts reserved under

17 paragraph (1) for a fiscal year, the Secretary may,

18 subject to the approval of an entity that meets the

19 requirements of subsection (e)(2), use a portion of

20 such amounts to make awards of grants or contracts

21 to public or private entities operating facilities that

22 provide for the retirement of chimpanzees in accord23 ance with the same standards that apply to the

24 sanctuary system pursuant to regulations under sub-
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1 section (d)(2). Such an award may be expended for

2 the expenses of operating the facilities involved.

3 SEC. 3. REPORT TO CONGRESS REGARDING NUMBER OF

4 CHIMPANZEES AND FUNDING FOR CARE OF

5 CHIMPANZEES.

6 With respect to chimpanzees that have been used, or

7 were bred or purchased for use, in research conducted or

8 supported by the National Institutes of Health, the Food

9 and Drug Administration, or other agencies of the Federal

10 Government, the Secretary of Health and Human Services

11 shall, not later than 365 days after the date of enactment

12 of this Act, submit to Congress a report providing the fol13 lowing information:

14 (1) The number of such chimpanzees in the

15 United States, whether owned or held by the Federal

16 Government, any of the States, or private entities.

17 (2) An identification of any requirement im18 posed by the Federal Government that, as a condi19 tion of the use of such a chimpanzee in research by

20 a non-Federal entity—

21 (A) fees be paid by the entity to the Fed22 eral Government for the purpose of providing

23 for the care of the chimpanzee (including any

24 fees for long-term care); or
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1 (B) funds be provided by the entity to a

2 State, unit of local government, or private enti3 ty for an endowment or other financial account

4 whose purpose is to provide for the care of the

5 chimpanzee (including any funds provided for

6 long-term care).

7 (3) An accounting for fiscal years 1999 and

8 2000 of all fees paid and funds provided by non9 Federal entities pursuant to requirements described

10 in subparagraphs (A) and (B) of paragraph (2).

11 (4) In the case of such fees, a specification of

12 whether the fees were available to the Secretary (or

13 other Federal officials) pursuant to annual appro14 priations Acts or pursuant to permanent appropria15 tions.

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