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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2725 Reported in Senate (RS)]

                                                       Calendar No. 944
106th CONGRESS
  2d Session
                                S. 2725

                          [Report No. 106-494]

 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, Mr. Jeffords, Mrs. Boxer, Ms. Landrieu, Mr. Akaka, Mr. 
Reed, Mr. L. Chafee, Mr. Kennedy, Mr. Levin, Ms. Collins, Mr. Robb, Mr. 
 Kerry,  Mr. Kohl, Mr. Schumer, Mr. Santorum, Mr. Moynihan, Mr. Roth, 
Mr. Reid, and Mr. Leahy) introduced the following bill; which was read 
 twice and referred to the Committee on Health, Education, Labor, and 
                                Pensions

            October 10 (legislative day, September 22), 2000

              Reported by Mr. Jeffords, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 2. ESTABLISHMENT OF NATIONAL SANCTUARY SYSTEM FOR 
              FEDERALLY OWNED OR SUPPORTED CHIMPANZEES NO LONGER NEEDED 
              FOR RESEARCH.</DELETED>

<DELETED>    (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').</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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)(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.</DELETED>
<DELETED>    (d) Standards for Permanent Retirement of Surplus 
Chimpanzees.--</DELETED>
        <DELETED>    (1) In general.--Not later than 180 days after the 
        date of enactment of this Act, 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''.</DELETED>
        <DELETED>    (2) Chimpanzees accepted into system.--With 
        respect to chimpanzees that are accepted into the sanctuary 
        system, standards under paragraph (1) shall include the 
        following:</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Provisions regarding the housing of 
                the chimpanzees.</DELETED>
                <DELETED>    (C) Provisions regarding the behavioral 
                well-being of the chimpanzees.</DELETED>
                <DELETED>    (D) A requirement that the chimpanzees be 
                cared for in accordance with the Animal Welfare 
                Act.</DELETED>
                <DELETED>    (E) A requirement that the chimpanzees be 
                prevented from breeding.</DELETED>
                <DELETED>    (F) A requirement that complete histories 
                be maintained on the health and use in research of the 
                chimpanzees.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (J) A prohibition that the chimpanzees may 
                not be discharged from the system.</DELETED>
                <DELETED>    (K) A provision that the Secretary may, in 
                the discretion of the Secretary, accept into the system 
                chimpanzees that are not surplus chimpanzees.</DELETED>
                <DELETED>    (L) Such additional standards as the 
                Secretary determines to be appropriate.</DELETED>
        <DELETED>    (3) 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:</DELETED>
                <DELETED>    (A) A provision that the Secretary may 
                authorize the imposition of a fee for accepting such 
                chimpanzee into the system, except as 
                follows:</DELETED>
                        <DELETED>    (i) Such a fee may not be imposed 
                        for accepting the chimpanzee if, on the day 
                        before the date of enactment of this Act, 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).</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (D) Such additional standards as the 
                Secretary determines to be appropriate.</DELETED>
<DELETED>    (e) Award of Contract for Operation of System.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (2) Requirements.--The Secretary may make an award 
        under paragraph (1) to a nonprofit private entity only if the 
        entity meets the following requirements:</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) The terms of service for members of 
                such board are in accordance with paragraph 
                (3).</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (D) The entity has an executive director 
                meeting such requirements as the Secretary determines 
                to be appropriate.</DELETED>
                <DELETED>    (E) The entity makes the agreement 
                described in paragraph (4) (relating to non-Federal 
                contributions).</DELETED>
                <DELETED>    (F) The entity agrees to comply with 
                standards under subsection (d).</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (H) Such other requirements as the 
                Secretary determines to be appropriate.</DELETED>
        <DELETED>    (3) Board of directors.--For purposes of 
        subparagraphs (A) and (B) of paragraph (2):</DELETED>
                <DELETED>    (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:</DELETED>
                        <DELETED>    (i) Such board is composed of not 
                        more than 13 voting members.</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (vi) Such members include 
                        representatives from entities that provide 
                        accreditation in the field of laboratory animal 
                        medicine.</DELETED>
                        <DELETED>    (vii) Such members include 
                        individuals with expertise and experience in 
                        the field of containing biohazards.</DELETED>
                        <DELETED>    (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).</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (B) The terms of service for members of 
                the board of directors are in accordance with this 
                paragraph if the following conditions are 
                met:</DELETED>
                        <DELETED>    (i) The term of the chair of the 
                        board is 3 years.</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (iv) An individual whose term of 
                        service expires may be reappointed to the 
                        board.</DELETED>
                        <DELETED>    (v) A vacancy in the membership of 
                        the board is filled in the manner in which the 
                        original appointment was made.</DELETED>
                        <DELETED>    (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.</DELETED>
        <DELETED>    (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:</DELETED>
                <DELETED>    (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)).</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (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 entity, including paying the cost of incorporating 
        the entity under the law of one of the States.</DELETED>
<DELETED>    (f) Definitions.--For purposes of this section:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Sanctuary system.--The term ``sanctuary 
        system'' means the system described in subsection 
        (a).</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of Health and Human Services.</DELETED>
        <DELETED>    (4) Surplus chimpanzees.--The term ``surplus 
        chimpanzees'' has the meaning given that term in subsection 
        (a).</DELETED>
<DELETED>    (g) Funding.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. REPORT TO CONGRESS REGARDING NUMBER OF CHIMPANZEES AND 
              FUNDING FOR CARE OF CHIMPANZEES.</DELETED>

<DELETED>    With 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 
enactment of this Act, submit to Congress a report providing the 
following information:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>

SECTION 1. SHORT 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 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)(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 Chimpanzees.--
            ``(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 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:
                    ``(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.
                            ``(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 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.''.

SEC. 3. REPORT TO CONGRESS REGARDING NUMBER OF CHIMPANZEES AND FUNDING 
              FOR CARE OF CHIMPANZEES.

    With 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 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).
            (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.

                                                       Calendar No. 944

106th CONGRESS

  2d Session

                                S. 2725

                          [Report No. 106-494]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

            October 10 (legislative day, September 22), 2000

                       Reported with an amendment
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