II

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.
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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’’.

6 SEC. 2. ESTABLISHMENT OF NATIONAL SANCTUARY SYS7 TEM FOR FEDERALLY OWNED OR SUP8 PORTED CHIMPANZEES NO LONGER NEEDED

9 FOR RESEARCH.

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

11 the establishment and operation in accordance with this

12 section of a system to provide for the lifetime care of chim13 panzees that have been used, or were bred or purchased

14 for use, in research conducted or supported by the Na15 tional Institutes of Health, the Food and Drug Adminis16 tration, or other agencies of the Federal Government, and

17 with respect to which it has been determined by the Sec18 retary that the chimpanzees are not needed for such re19 search (in this section referred to as ‘surplus chim20 panzees’).

21 (b) ADMINISTRATION OF SANCTUARY SYSTEM.—The

22 Secretary shall carry out this section, including the estab23 lishment of regulations under subsection (d), in consulta24 tion with the board of directors of the nonprofit private
3

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1 entity that receives the contract under subsection (e) (re2 lating to the operation of the sanctuary system).

3 (c) ACCEPTANCE OF CHIMPANZEES INTO SYSTEM.—

4 All surplus chimpanzees owned by the Federal Govern5 ment shall be accepted into the sanctuary system. Subject

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

7 is not owned by the Federal Government shall be accepted

8 into the system if the owner transfers to the sanctuary

9 system title to the chimpanzee.

10 (d) STANDARDS FOR PERMANENT RETIREMENT OF

11 SURPLUS CHIMPANZEES.—

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

13 after the date of enactment of this Act, the Sec14 retary shall by regulation establish standards for op15 erating the sanctuary system to provide for the per16 manent retirement of surplus chimpanzees. In estab17 lishing the standards, the Secretary shall consider

18 the recommendations of the board of directors of the

19 nonprofit private entity that receives the contract

20 under subsection (e) and the National Research

21 Council applicable to surplus chimpanzees that are

22 made in the report published in 1997 and entitled

23 ‘‘Chimpanzees in Research—Strategies for Their

24 Ethical Care, Management, and Use’’.
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1 (2) CHIMPANZEES ACCEPTED INTO SYSTEM.—

2 With respect to chimpanzees that are accepted into

3 the sanctuary system, standards under paragraph

4 (1) shall include the following:

5 (A) A prohibition that the chimpanzees

6 may not be used for research. This subpara7 graph does not prohibit noninvasive behavioral

8 studies of the chimpanzees, or medical studies

9 conducted during the course of normal veteri10 nary care that is provided for the benefit of the

11 chimpanzees.

12 (B) Provisions regarding the housing of

13 the chimpanzees.

14 (C) Provisions regarding the behavioral

15 well-being of the chimpanzees.

16 (D) A requirement that the chimpanzees

17 be cared for in accordance with the Animal

18 Welfare Act.

19 (E) A requirement that the chimpanzees

20 be prevented from breeding.

21 (F) A requirement that complete histories

22 be maintained on the health and use in research

23 of the chimpanzees.

24 (G) A requirement that the chimpanzees

25 be monitored for the purpose of promptly de-
5

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1 tecting the presence in the chimpanzees of any

2 condition that may be a threat to the public

3 health or the health of other chimpanzees.

4 (H) A requirement that chimpanzees pos5 ing such a threat be contained in accordance

6 with applicable recommendations of the Direc7 tor of the Centers for Disease Control and Pre8 vention.

9 (I) A prohibition that none of the chim10 panzees may be subjected to euthanasia, except

11 as in the best interests of the chimpanzee in12 volved, as determined by the system and an at13 tending veterinarian.

14 (J) A prohibition that the chimpanzees

15 may not be discharged from the system.

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

17 the discretion of the Secretary, accept into the

18 system chimpanzees that are not surplus chim19 panzees.

20 (L) Such additional standards as the Sec21 retary determines to be appropriate.

22 (3) NON-FEDERAL CHIMPANZEES OFFERED

23 FOR ACCEPTANCE INTO SYSTEM.—With respect to a

24 chimpanzee that is not owned by the Federal Gov25 ernment and is offered for acceptance into the sanc-
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1 tuary system, standards under paragraph (1) shall

2 include the following:

3 (A) A provision that the Secretary may au4 thorize the imposition of a fee for accepting

5 such chimpanzee into the system, except as fol6 lows:

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

8 accepting the chimpanzee if, on the day be9 fore the date of enactment of this Act, the

10 chimpanzee was owned by the nonprofit

11 private entity that receives the contract

12 under subsection (e) or by any individual

13 qualified sanctuary facility receiving a sub14 contract or grant under subsection (e)(1).

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

16 accepting the chimpanzee if the chim17 panzee is owned by an entity that operates

18 a primate center, and if the chimpanzee is

19 housed in the primate center pursuant to

20 the program for regional centers for re21 search on primates that is carried out by

22 the National Center for Research Re23 sources.

24 Any fees collected under this subparagraph are

25 available to the Secretary for the costs of oper-
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1 ating the system. Any other fees received by the

2 Secretary for the long-term care of chimpanzees

3 (including any Federal fees that are collected

4 for such purpose and are identified in the re5 port under section 3) are available for operating

6 the system, in addition to availability for such

7 other purposes as may be authorized for the use

8 of the fees.

9 (B) A provision that the Secretary may

10 deny such chimpanzee acceptance into the sys11 tem if the capacity of the system is not suffi12 cient to accept the chimpanzee, taking into ac13 count the physical capacity of the system; the

14 financial resources of the system; the number of

15 individuals serving as the staff of the system,

16 including the number of professional staff; the

17 necessity of providing for the safety of the staff

18 and of the public; the necessity of caring for ac19 cepted chimpanzees in accordance with the

20 standards under paragraph (1); and such other

21 factors as may be appropriate.

22 (C) A provision that the Secretary may

23 deny such chimpanzee acceptance into the sys24 tem if a complete history of the health and use
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1 in research of the chimpanzee is not available to

2 the Secretary.

3 (D) Such additional standards as the Sec4 retary determines to be appropriate.

5 (e) AWARD OF CONTRACT FOR OPERATION OF SYS6 TEM.—

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

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

9 make an award of a contract to a nonprofit private

10 entity under which the entity has the responsibility

11 of operating (and establishing, as applicable) the

12 sanctuary system and awarding subcontracts or

13 grants to individual qualified sanctuary facilities

14 that meet the standards under subsection (d).

15 (2) REQUIREMENTS.—The Secretary may make

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

17 entity only if the entity meets the following require18 ments:

19 (A) The entity has a governing board of

20 directors that is composed and appointed in ac21 cordance with paragraph (3) and is satisfactory

22 to the Secretary.

23 (B) The terms of service for members of

24 such board are in accordance with paragraph

25 (3).
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1 (C) The members of the board serve with2 out compensation. The members may be reim3 bursed for travel, subsistence, and other nec4 essary expenses incurred in carrying out the du5 ties of the board.

6 (D) The entity has an executive director

7 meeting such requirements as the Secretary de8 termines to be appropriate.

9 (E) The entity makes the agreement de10 scribed in paragraph (4) (relating to non-Fed11 eral contributions).

12 (F) The entity agrees to comply with

13 standards under subsection (d).

14 (G) The entity agrees to make necropsy re15 ports on chimpanzees in the sanctuary system

16 available on a reasonable basis to persons who

17 conduct biomedical or behavioral research, with

18 priority given to such persons who are Federal

19 employees or who receive financial support from

20 the Federal Government for research.

21 (H) Such other requirements as the Sec22 retary determines to be appropriate.

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

24 subparagraphs (A) and (B) of paragraph (2):
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1 (A) The governing board of directors of

2 the nonprofit private entity involved is com3 posed and appointed in accordance with this

4 paragraph if the following conditions are met:

5 (i) Such board is composed of not

6 more than 13 voting members.

7 (ii) Such members include individuals

8 with expertise and experience in the

9 science of managing captive chimpanzees

10 (including primate veterinary care), ap11 pointed from among individuals endorsed

12 by organizations that represent individuals

13 in such field.

14 (iii) Such members include individuals

15 with expertise and experience in the field

16 of animal protection, appointed from

17 among individuals endorsed by organiza18 tions that represent individuals in such

19 field.

20 (iv) Such members include individuals

21 with expertise and experience in the zoo22 logical field (including behavioral prima23 tology), appointed from among individuals

24 endorsed by organizations that represent

25 individuals in such field.
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1 (v) Such members include individuals

2 with expertise and experience in the field

3 of the business and management of non4 profit organizations, appointed from

5 among individuals endorsed by organiza6 tions that represent individuals in such

7 field.

8 (vi) Such members include representa9 tives from entities that provide accredita10 tion in the field of laboratory animal medi11 cine.

12 (vii) Such members include individuals

13 with expertise and experience in the field

14 of containing biohazards.

15 (viii) Such members include an addi16 tional member who serves as the chair of

17 the board, appointed from among individ18 uals who have been endorsed for purposes

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

20 (ix) None of the members of the

21 board has been fined for, or signed a con22 sent decree for, any violation of the Animal

23 Welfare Act.

24 (B) The terms of service for members of

25 the board of directors are in accordance with
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1 this paragraph if the following conditions are

2 met:

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

4 is 3 years.

5 (ii) The initial members of the board

6 select, by a random method, 1 member

7 from each of the 6 fields specified in sub8 paragraph (A) to serve a term of 2 years

9 and (in addition to the chair) 1 member

10 from each of such fields to serve a term of

11 3 years.

12 (iii) After the initial terms under

13 clause (ii) expire, each member of the

14 board (other than the chair) is appointed

15 to serve a term of 2 years.

16 (iv) An individual whose term of serv17 ice expires may be reappointed to the

18 board.

19 (v) A vacancy in the membership of

20 the board is filled in the manner in which

21 the original appointment was made.

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

23 serve the full term applicable to the mem24 ber, the individual appointed to fill the re25 sulting vacancy is appointed for the re-
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1 mainder of the term of the predecessor

2 member.

3 (4) REQUIREMENT OF MATCHING FUNDS.—The

4 agreement required in paragraph (2)(E) for a non5 profit private entity (relating to the award of the

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

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

8 in establishing and operating the sanctuary system,

9 the entity will make available (directly or through

10 donations from public or private entities) non-Fed11 eral contributions toward such costs, in cash or in

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

13 applicable:

14 (A) For expenses associated with estab15 lishing the sanctuary system (as determined by

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

17 each $9 of Federal funds provided under the

18 contract under paragraph (1)).

19 (B) For expenses associated with operating

20 the sanctuary system (as determined by the

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

22 each $3 of Federal funds provided under such

23 contract).

24 (5) ESTABLISHMENT OF CONTRACT ENTITY.—

25 If the Secretary determines that an entity meeting
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1 the requirements of paragraph (2) does not exist,

2 not later than 60 days after the date of enactment

3 of the Chimpanzee Health Improvement, Mainte4 nance and Protection Act, the Secretary shall, for

5 purposes of paragraph (1), make a grant for the es6 tablishment of such an entity, including paying the

7 cost of incorporating the entity under the law of one

8 of the States.

9 (f) DEFINITIONS.—For purposes of this section:

10 (1) PERMANENT RETIREMENT.—The term

11 ‘‘permanent retirement’’, with respect to a chim12 panzee that has been accepted into the sanctuary

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

14 provides for the lifetime care of the chimpanzee, that

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

16 the chimpanzee to be used in research or to be

17 euthanatized (except as provided in subsection

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

19 will not discharge the chimpanzee from the system,

20 and that under such subsection the system otherwise

21 cares for the chimpanzee.

22 (2) SANCTUARY SYSTEM.—The term ‘‘sanc23 tuary system’’ means the system described in sub24 section (a).
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1 (3) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of Health and Human Services.

3 (4) SURPLUS CHIMPANZEES.—The term ‘‘sur4 plus chimpanzees’’ has the meaning given that term

5 in subsection (a).

6 (g) FUNDING.—

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

8 under this Act for fiscal year 2001 and each subse9 quent fiscal year, the Secretary, subject to para10 graph (2), shall reserve a portion for purposes of the

11 operation (and establishment, as applicable) of the

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

13 except that the Secretary may not for such purposes

14 reserve any further funds from such amount after

15 the aggregate total of the funds so reserved for such

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

17 which funds reserved under the preceding sentence

18 may be expended include the construction and ren19 ovation of facilities for the sanctuary system.

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

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

22 amount appropriated under this Act for such year

23 equals or exceeds the amount appropriated under

24 this Act for fiscal year 1999.
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1 (3) USE OF FUNDS FOR OTHER COMPLIANT FA2 CILITIES.—With respect to amounts reserved under

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

4 subject to the approval of an entity that meets the

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

6 such amounts to make awards of grants or contracts

7 to public or private entities operating facilities that

8 provide for the retirement of chimpanzees in accord9 ance with the same standards that apply to the

10 sanctuary system pursuant to regulations under sub11 section (d)(2). Such an award may be expended for

12 the expenses of operating the facilities involved.

13 SEC. 3. REPORT TO CONGRESS REGARDING NUMBER OF

14 CHIMPANZEES AND FUNDING FOR CARE OF

15 CHIMPANZEES.

16 With respect to chimpanzees that have been used, or

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

18 supported by the National Institutes of Health, the Food

19 and Drug Administration, or other agencies of the Federal

20 Government, the Secretary of Health and Human Services

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

22 of this Act, submit to Congress a report providing the fol23 lowing information:
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1 (1) The number of such chimpanzees in the

2 United States, whether owned or held by the Federal

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

4 (2) An identification of any requirement im5 posed by the Federal Government that, as a condi6 tion of the use of such a chimpanzee in research by

7 a non-Federal entity—

8 (A) fees be paid by the entity to the Fed9 eral Government for the purpose of providing

10 for the care of the chimpanzee (including any

11 fees for long-term care); or

12 (B) funds be provided by the entity to a

13 State, unit of local government, or private enti14 ty for an endowment or other financial account

15 whose purpose is to provide for the care of the

16 chimpanzee (including any funds provided for

17 long-term care).

18 (3) An accounting for fiscal years 1999 and

19 2000 of all fees paid and funds provided by non20 Federal entities pursuant to requirements described

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

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

23 whether the fees were available to the Secretary (or

24 other Federal officials) pursuant to annual appro-
18

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1 priations Acts or pursuant to permanent appropria2 tions.

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Chimpanzee Health Im5 provement, Maintenance and Protection Act’’.

6 SEC. 2. ESTABLISHMENT OF NATIONAL SANCTUARY SYS7 TEM FOR FEDERALLY OWNED OR SUPPORTED

8 CHIMPANZEES NO LONGER NEEDED FOR RE9 SEARCH.

10 Subpart 1 of part E of title IV of the Public Health

11 Service Act (42 U.S.C. 287 et seq.) is amended by inserting

12 after section 481B the following section:

13 ‘‘SEC. 481C. SANCTUARY SYSTEM FOR SURPLUS CHIM14 PANZEES.

15 ‘‘(a) IN GENERAL.—The Secretary shall provide for the

16 establishment and operation in accordance with this section

17 of a system to provide for the lifetime care of chimpanzees

18 that have been used, or were bred or purchased for use, in

19 research conducted or supported by the National Institutes

20 of Health, the Food and Drug Administration, or other

21 agencies of the Federal Government, and with respect to

22 which it has been determined by the Secretary that the

23 chimpanzees are not needed for such research (in this sec24 tion referred to as ‘surplus chimpanzees’).
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1 ‘‘(b) ADMINISTRATION OF SANCTUARY SYSTEM.—The

2 Secretary shall carry out this section, including the estab3 lishment of regulations under subsection (d), in consulta4 tion with the board of directors of the nonprofit private en5 tity that receives the contract under subsection (e) (relating

6 to the operation of the sanctuary system).

7 ‘‘(c) ACCEPTANCE OF CHIMPANZEES INTO SYSTEM.—

8 All surplus chimpanzees owned by the Federal Government

9 shall be accepted into the sanctuary system. Subject to

10 standards under subsection (d)(3), any chimpanzee that is

11 not owned by the Federal Government shall be accepted into

12 the system if the owner transfers to the sanctuary system

13 title to the chimpanzee.

14 ‘‘(d) STANDARDS FOR PERMANENT RETIREMENT OF

15 SURPLUS CHIMPANZEES.—

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

17 after the date of enactment of this section, the Sec18 retary shall by regulation establish standards for op19 erating the sanctuary system to provide for the per20 manent retirement of surplus chimpanzees. In estab21 lishing the standards, the Secretary shall consider the

22 recommendations of the board of directors of the non23 profit private entity that receives the contract under

24 subsection (e) and the National Research Council ap25 plicable to surplus chimpanzees that are made in the
20

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1 report published in 1997 and entitled ‘Chimpanzees

2 in Research—Strategies for Their Ethical Care, Man3 agement, and Use’.

4 ‘‘(2) CHIMPANZEES ACCEPTED INTO SYSTEM.—

5 With respect to chimpanzees that are accepted into the

6 sanctuary system, standards under paragraph (1)

7 shall include the following:

8 ‘‘(A) A prohibition that the chimpanzees

9 may not be used for research. This subparagraph

10 does not prohibit noninvasive behavioral studies

11 of the chimpanzees, or medical studies conducted

12 during the course of normal veterinary care that

13 is provided for the benefit of the chimpanzees.

14 ‘‘(B) Provisions regarding the housing of

15 the chimpanzees.

16 ‘‘(C) Provisions regarding the behavioral

17 well-being of the chimpanzees.

18 ‘‘(D) A requirement that the chimpanzees be

19 cared for in accordance with the Animal Welfare

20 Act.

21 ‘‘(E) A requirement that the chimpanzees be

22 prevented from breeding.

23 ‘‘(F) A requirement that complete histories

24 be maintained on the health and use in research

25 of the chimpanzees.
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1 ‘‘(G) A requirement that the chimpanzees be

2 monitored for the purpose of promptly detecting

3 the presence in the chimpanzees of any condition

4 that may be a threat to the public health or the

5 health of other chimpanzees.

6 ‘‘(H) A requirement that chimpanzees pos7 ing such a threat be contained in accordance

8 with applicable recommendations of the Director

9 of the Centers for Disease Control and Preven10 tion.

11 ‘‘(I) A prohibition that none of the chim12 panzees may be subjected to euthanasia, except

13 as in the best interests of the chimpanzee in14 volved, as determined by the system and an at15 tending veterinarian.

16 ‘‘(J) A prohibition that the chimpanzees

17 may not be discharged from the system.

18 ‘‘(K) A provision that the Secretary may,

19 in the discretion of the Secretary, accept into the

20 system chimpanzees that are not surplus chim21 panzees.

22 ‘‘(L) Such additional standards as the Sec23 retary determines to be appropriate.

24 ‘‘(3) NON-FEDERAL CHIMPANZEES OFFERED FOR

25 ACCEPTANCE INTO SYSTEM.—With respect to a chim-
22

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1 panzee that is not owned by the Federal Government

2 and is offered for acceptance into the sanctuary sys3 tem, standards under paragraph (1) shall include the

4 following:

5 ‘‘(A) A provision that the Secretary may

6 authorize the imposition of a fee for accepting

7 such chimpanzee into the system, except as fol8 lows:

9 ‘‘(i) Such a fee may not be imposed for

10 accepting the chimpanzee if, on the day be11 fore the date of enactment of this section,

12 the chimpanzee was owned by the nonprofit

13 private entity that receives the contract

14 under subsection (e) or by any individual

15 qualified sanctuary facility receiving a sub16 contract or grant under subsection (e)(1).

17 ‘‘(ii) Such a fee may not be imposed

18 for accepting the chimpanzee if the chim19 panzee is owned by an entity that operates

20 a primate center, and if the chimpanzee is

21 housed in the primate center pursuant to

22 the program for regional centers for research

23 on primates that is carried out by the Na24 tional Center for Research Resources.
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1 Any fees collected under this subparagraph are

2 available to the Secretary for the costs of oper3 ating the system. Any other fees received by the

4 Secretary for the long-term care of chimpanzees

5 (including any Federal fees that are collected for

6 such purpose and are identified in the report

7 under section 3) are available for operating the

8 system, in addition to availability for such other

9 purposes as may be authorized for the use of the

10 fees.

11 ‘‘(B) A provision that the Secretary may

12 deny such chimpanzee acceptance into the system

13 if the capacity of the system is not sufficient to

14 accept the chimpanzee, taking into account the

15 physical capacity of the system; the financial re16 sources of the system; the number of individuals

17 serving as the staff of the system, including the

18 number of professional staff; the necessity of pro19 viding for the safety of the staff and of the pub20 lic; the necessity of caring for accepted chim21 panzees in accordance with the standards under

22 paragraph (1); and such other factors as may be

23 appropriate.

24 ‘‘(C) A provision that the Secretary may

25 deny such chimpanzee acceptance into the system
24

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1 if a complete history of the health and use in re2 search of the chimpanzee is not available to the

3 Secretary.

4 ‘‘(D) Such additional standards as the Sec5 retary determines to be appropriate.

6 ‘‘(e) AWARD OF CONTRACT FOR OPERATION OF SYS7 TEM.—

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

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

10 make an award of a contract to a nonprofit private

11 entity under which the entity has the responsibility of

12 operating (and establishing, as applicable) the sanc13 tuary system and awarding subcontracts or grants to

14 individual qualified sanctuary facilities that meet the

15 standards under subsection (d).

16 ‘‘(2) REQUIREMENTS.—The Secretary may make

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

18 entity only if the entity meets the following require19 ments:

20 ‘‘(A) The entity has a governing board of

21 directors that is composed and appointed in ac22 cordance with paragraph (3) and is satisfactory

23 to the Secretary.
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1 ‘‘(B) The terms of service for members of

2 such board are in accordance with paragraph

3 (3).

4 ‘‘(C) The members of the board serve with5 out compensation. The members may be reim6 bursed for travel, subsistence, and other necessary

7 expenses incurred in carrying out the duties of

8 the board.

9 ‘‘(D) The entity has an executive director

10 meeting such requirements as the Secretary de11 termines to be appropriate.

12 ‘‘(E) The entity makes the agreement de13 scribed in paragraph (4) (relating to non-Fed14 eral contributions).

15 ‘‘(F) The entity agrees to comply with

16 standards under subsection (d).

17 ‘‘(G) The entity agrees to make necropsy re18 ports on chimpanzees in the sanctuary system

19 available on a reasonable basis to persons who

20 conduct biomedical or behavioral research, with

21 priority given to such persons who are Federal

22 employees or who receive financial support from

23 the Federal Government for research.

24 ‘‘(H) Such other requirements as the Sec25 retary determines to be appropriate.
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1 ‘‘(3) BOARD OF DIRECTORS.—For purposes of

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

3 ‘‘(A) The governing board of directors of the

4 nonprofit private entity involved is composed

5 and appointed in accordance with this para6 graph if the following conditions are met:

7 ‘‘(i) Such board is composed of not

8 more than 13 voting members.

9 ‘‘(ii) Such members include individ10 uals with expertise and experience in the

11 science of managing captive chimpanzees

12 (including primate veterinary care), ap13 pointed from among individuals endorsed

14 by organizations that represent individuals

15 in such field.

16 ‘‘(iii) Such members include individ17 uals with expertise and experience in the

18 field of animal protection, appointed from

19 among individuals endorsed by organiza20 tions that represent individuals in such

21 field.

22 ‘‘(iv) Such members include individ23 uals with expertise and experience in the zo24 ological field (including behavioral prima25 tology), appointed from among individuals
27

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1 endorsed by organizations that represent in2 dividuals in such field.

3 ‘‘(v) Such members include individuals

4 with expertise and experience in the field of

5 the business and management of nonprofit

6 organizations, appointed from among indi7 viduals endorsed by organizations that rep8 resent individuals in such field.

9 ‘‘(vi) Such members include represent10 atives from entities that provide accredita11 tion in the field of laboratory animal medi12 cine.

13 ‘‘(vii) Such members include individ14 uals with expertise and experience in the

15 field of containing biohazards.

16 ‘‘(viii) Such members include an addi17 tional member who serves as the chair of the

18 board, appointed from among individuals

19 who have been endorsed for purposes of

20 clause (ii), (iii), (iv), or (v).

21 ‘‘(ix) None of the members of the board

22 has been fined for, or signed a consent de23 cree for, any violation of the Animal Wel24 fare Act.
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1 ‘‘(B) The terms of service for members of the

2 board of directors are in accordance with this

3 paragraph if the following conditions are met:

4 ‘‘(i) The term of the chair of the board

5 is 3 years.

6 ‘‘(ii) The initial members of the board

7 select, by a random method, 1 member from

8 each of the 6 fields specified in subpara9 graph (A) to serve a term of 2 years and

10 (in addition to the chair) 1 member from

11 each of such fields to serve a term of 3

12 years.

13 ‘‘(iii) After the initial terms under

14 clause (ii) expire, each member of the board

15 (other than the chair) is appointed to serve

16 a term of 2 years.

17 ‘‘(iv) An individual whose term of

18 service expires may be reappointed to the

19 board.

20 ‘‘(v) A vacancy in the membership of

21 the board is filled in the manner in which

22 the original appointment was made.

23 ‘‘(vi) If a member of the board does not

24 serve the full term applicable to the member,

25 the individual appointed to fill the resulting
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1 vacancy is appointed for the remainder of

2 the term of the predecessor member.

3 ‘‘(4) REQUIREMENT OF MATCHING FUNDS.—The

4 agreement required in paragraph (2)(E) for a non5 profit private entity (relating to the award of the con6 tract under paragraph (1)) is an agreement that,

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

8 in establishing and operating the sanctuary system,

9 the entity will make available (directly or through do10 nations from public or private entities) non-Federal

11 contributions toward such costs, in cash or in kind,

12 in an amount not less than the following, as applica13 ble:

14 ‘‘(A) For expenses associated with estab15 lishing the sanctuary system (as determined by

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

17 each $9 of Federal funds provided under the con18 tract under paragraph (1)).

19 ‘‘(B) For expenses associated with operating

20 the sanctuary system (as determined by the Sec21 retary), 25 percent of such costs ($1 for each $3

22 of Federal funds provided under such contract).

23 ‘‘(5) ESTABLISHMENT OF CONTRACT ENTITY.—If

24 the Secretary determines that an entity meeting the

25 requirements of paragraph (2) does not exist, not
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1 later than 60 days after the date of enactment of the

2 Chimpanzee Health Improvement, Maintenance and

3 Protection Act, the Secretary shall, for purposes of

4 paragraph (1), make a grant for the establishment of

5 such an entity, including paying the cost of incor6 porating the entity under the law of one of the States.

7 ‘‘(f) DEFINITIONS.—For purposes of this section:

8 ‘‘(1) PERMANENT RETIREMENT.—The term ‘per9 manent retirement’, with respect to a chimpanzee that

10 has been accepted into the sanctuary system, means

11 that under subsection (a), the system provides for the

12 lifetime care of the chimpanzee, that under subsection

13 (d)(2), the system does not permit the chimpanzee to

14 be used in research or to be euthanatized (except as

15 provided in subsection (d)(2)(I)), that under such sub16 section the system will not discharge the chimpanzee

17 from the system, and that under such subsection the

18 system otherwise cares for the chimpanzee.

19 ‘‘(2) SANCTUARY SYSTEM.—The term ‘sanctuary

20 system’ means the system described in subsection (a).

21 ‘‘(3) SURPLUS CHIMPANZEES.—The term ‘sur22 plus chimpanzees’ has the meaning given that term in

23 subsection (a).

24 ‘‘(g) FUNDING.—
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1 ‘‘(1) IN GENERAL.—Of the amount appropriated

2 under this Act for fiscal year 2001 and each subse3 quent fiscal year, the Secretary, subject to paragraph

4 (2), shall reserve a portion for purposes of the oper5 ation (and establishment, as applicable) of the sanc6 tuary system and for purposes of paragraph (3), ex7 cept that the Secretary may not for such purposes re8 serve any further funds from such amount after the

9 aggregate total of the funds so reserved for such fiscal

10 years reaches $30,000,000. The purposes for which

11 funds reserved under the preceding sentence may be

12 expended include the construction and renovation of

13 facilities for the sanctuary system.

14 ‘‘(2) LIMITATION.—Funds may not be reserved

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

16 amount appropriated under this Act for such year

17 equals or exceeds the amount appropriated under this

18 Act for fiscal year 1999.

19 ‘‘(3) USE OF FUNDS FOR OTHER COMPLIANT FA20 CILITIES.—With respect to amounts reserved under

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

22 subject to the approval of an entity that meets the re23 quirements of subsection (e)(2), use a portion of such

24 amounts to make awards of grants or contracts to

25 public or private entities operating facilities that pro-
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1 vide for the retirement of chimpanzees in accordance

2 with the same standards that apply to the sanctuary

3 system pursuant to regulations under subsection

4 (d)(2). Such an award may be expended for the ex5 penses of operating the facilities involved.’’.

6 SEC. 3. REPORT TO CONGRESS REGARDING NUMBER OF

7 CHIMPANZEES AND FUNDING FOR CARE OF

8 CHIMPANZEES.

9 With respect to chimpanzees that have been used, or

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

11 supported by the National Institutes of Health, the Food

12 and Drug Administration, or other agencies of the Federal

13 Government, the Secretary of Health and Human Services

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

15 of this Act, submit to Congress a report providing the fol16 lowing information:

17 (1) The number of such chimpanzees in the

18 United States, whether owned or held by the Federal

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

20 (2) An identification of any requirement im21 posed by the Federal Government that, as a condition

22 of the use of such a chimpanzee in research by a non23 Federal entity—

24 (A) fees be paid by the entity to the Federal

25 Government for the purpose of providing for the
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1 care of the chimpanzee (including any fees for

2 long-term care); or

3 (B) funds be provided by the entity to a

4 State, unit of local government, or private entity

5 for an endowment or other financial account

6 whose purpose is to provide for the care of the

7 chimpanzee (including any funds provided for

8 long-term care).

9 (3) An accounting for fiscal years 1999 and

10 2000 of all fees paid and funds provided by non-Fed11 eral entities pursuant to requirements described in

12 subparagraphs (A) and (B) of paragraph (2).

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

14 whether the fees were available to the Secretary (or

15 other Federal officials) pursuant to annual appro16 priations Acts or pursuant to permanent appropria17 tions.
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 supportedby the Public Health Service, and for other purposes.

OCTOBER 10 (legislative day, SEPTEMBER 22), 2000

Reported with an amendment