II 

Calendar No. 557 

112TH CONGRESS 

2D SESSION S. 810 

[Report No. 112–242] 

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

purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 13, 2011 

Ms. CANTWELL (for herself, Ms. COLLINS, Mr. SANDERS, Mr. LIEBERMAN, 

Mr. BROWN of Ohio, Mr. AKAKA, Mrs. GILLIBRAND, Mr. KERRY, Mr. 

BLUMENTHAL, Mr. BEGICH, Mr. MERKLEY, Mr. LEAHY, Mr. UDALL of 

New Mexico, Mr. INOUYE, Mr. MENENDEZ, Ms. MIKULSKI, Mr. REED, 

and Mr. DURBIN) introduced the following bill; which was read twice and 

referred to the Committee on Environment and Public Works 

NOVEMBER 30, 2012 

Reported by Mrs. BOXER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To prohibit the conducting of invasive research on great 

apes, and for other purposes. 

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

mstockstill on DSK4VPTVN1PROD with 

2 

•S 810 RS

1 SECTION 1. SHORT TITLE. 

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

3 and Cost Savings Act of 2011’’. 

4 SEC. 2. FINDINGS AND PURPOSE. 

5 (a) FINDINGS.—Congress finds that— 

6 (1) chimpanzees are the only great apes cur7 rently used in invasive research in the United 

8 States; 

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

10 Act, there are approximately 1,000 chimpanzees 

11 housed in laboratories in the United States; 

(B) more than 1 12 ⁄2 of these chimpanzees are 

13 owned by the Federal Government; and 

14 (C) the vast majority are financially supported 

15 by the Federal Government; 

16 (3) great apes are highly intelligent and social 

17 animals; 

18 (4) research laboratory environments involving 

19 invasive research cannot meet the complex physical, 

20 social, and psychological needs of great apes; 

21 (5) invasive research performed on great apes, 

22 and the breeding, housing, maintenance, and trans23 port of great apes for these purposes, are economic 

24 in nature and substantially affect interstate com25 merce; 

mstockstill on DSK4VPTVN1PROD with 

3 

•S 810 RS

1 (6) maintaining great apes in laboratories costs 

2 the Federal Government more than caring for great 

3 apes in suitable sanctuaries that are specifically de4 signed to provide adequate lifetime care for great 

5 apes; and 

6 (7) the National Research Council report enti7 tled ‘‘Chimpanzees in Research—Strategies for their 

8 Ethical Care, Management, and Use’’ concluded 

9 that— 

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

11 the long-term care of chimpanzees used for sci12 entific research; 

13 (B) there should be a moratorium on fur14 ther chimpanzee breeding; 

15 (C) euthanasia should not be used as a 

16 means to control the size of the great ape popu17 lation; and 

18 (D) sanctuaries should be created to house 

19 chimpanzees in a manner consistent with high 

20 standards of lifetime care, social enrichment, 

21 and cognitive development. 

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

23 (1) phase out invasive research on great apes 

24 and the use of Federal funding of such research, 

25 both within and outside of the United States; 

mstockstill on DSK4VPTVN1PROD with 

4 

•S 810 RS

1 (2) prohibit the transport of great apes for pur2 poses of invasive research; 

3 (3) prohibit the breeding of great apes for pur4 poses of invasive research; and 

5 (4) require the provision of lifetime care of 

6 great apes who are owned by or under the control 

7 of the Federal Government in a suitable sanctuary 

8 through the permanent retirement of the apes. 

9 SEC. 3. DEFINITIONS. 

10 In this Act: 

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

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

13 great ape is supported by, or used pursuant to, pub14 lic or private funding that requires invasive research. 

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

16 any individual of the following species: 

17 (A) Chimpanzee (Pan troglodytes). 

18 (B) Bonobo (Pan paniscus). 

19 (C) Gorilla (Gorilla gorilla or Gorilla 

20 beringei). 

21 (D) Orangutan (Pongo pygmaeus or Pongo 

22 abelii). 

23 (E) Gibbon (Family Hylobatidae). 

24 (3) INVASIVE RESEARCH.— 

mstockstill on DSK4VPTVN1PROD with 

5 

•S 810 RS

1 (A) IN GENERAL.—The term ‘‘invasive re2 search’’ means any research that may cause 

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

4 a great ape, including— 

5 (i) the testing of any drug or inten6 tional exposure to a substance that may be 

7 detrimental to the health or psychological 

8 well-being of a great ape; 

9 (ii) research that involves penetrating 

10 or cutting the body or removing body 

11 parts, restraining, tranquilizing, or anes12 thetizing a great ape; or 

13 (iii) isolation, social deprivation, or 

14 other experimental manipulations that may 

15 be detrimental to the health or psycho16 logical well-being of a great ape. 

17 (B) EXCLUSIONS.— 

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

19 research’’ does not include— 

20 (I) close observation of natural or 

21 voluntary behavior of a great ape, if 

22 the research does not require an anes23 thetic or sedation event to collect data 

24 or record observations; 

mstockstill on DSK4VPTVN1PROD with 

6 

•S 810 RS

1 (II) the temporary separation of 

2 a great ape from the social group of 

3 the great ape, leaving and returning 

4 by the own volition of the great ape; 

5 (III) post-mortem examination of 

6 a great ape that was not killed for the 

7 purpose of examination or research; 

8 and 

9 (IV) the administration of a 

10 physical exam by a licensed veteri11 narian or physician conducted for the 

12 well-being of the individual great ape. 

13 (ii) PHYSICAL EXAM.—A physical 

14 exam conducted for the well-being of an in15 dividual great ape, as described in clause 

16 (i)(IV), may include the collection of bio17 logical samples to further the well-being of 

18 the individual great ape, the social group 

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

20 (4) PERMANENT RETIREMENT.— 

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

22 retirement’’ means a situation in which— 

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

24 sanctuary that will provide for the lifetime 

25 care of the great ape; and 

mstockstill on DSK4VPTVN1PROD with 

7 

•S 810 RS

1 (ii) the great ape will no longer be 

2 used in invasive research. 

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

4 retirement’’ does not include euthanasia. 

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

6 (A) an individual, corporation, partnership, 

7 trust, association, or any other private or not8 for-profit entity; 

9 (B) any officer, employee, agent, depart10 ment, or instrumentality of the Federal Govern11 ment, a State, municipality, or political subdivi12 sion of a State; or 

13 (C) any other entity subject to the jurisdic14 tion of the United States. 

15 (6) SUITABLE SANCTUARY.—The term ‘‘suit16 able sanctuary’’ means— 

17 (A) a sanctuary that meets or exceeds the 

18 standards of care for chimpanzees held in the 

19 federally supported sanctuary system, as de20 fined in part 9 of title 42, Code of Federal Reg21 ulations; or 

22 (B) a wildlife sanctuary that is a nonprofit 

23 organization that— 

24 (i) operates a place of refuge where 

25 abused, neglected, unwanted, impounded, 

mstockstill on DSK4VPTVN1PROD with 

8 

•S 810 RS

1 abandoned, orphaned, displaced, or retired 

2 animals are provided care for the lifetime 

3 of the animal; 

4 (ii) does not conduct invasive research 

5 on animals; 

6 (iii) does not conduct any commercial 

7 activity with animals, including, at a min8 imum, sale, trade, auction, lease, or loan of 

9 animals or animal parts, or use of animals 

10 in any manner in a for-profit business or 

11 operation; 

12 (iv) does not use animals for enter13 tainment purposes or in a traveling exhibit; 

14 (v) does not breed any animals, 

15 whether intentionally or by failing to use 

16 adequate birth control methods; and 

17 (vi) does not allow members of the 

18 public the opportunity to come into phys19 ical contact with the animals. 

20 SEC. 4. PROHIBITIONS. 

21 (a) INVASIVE RESEARCH PROHIBITED.—No person 

22 shall conduct invasive research on a great ape. 

23 (b) HOUSING FOR INVASIVE RESEARCH PROHIB24 ITED.—No person shall possess, maintain, or house a 

25 great ape for the purpose of conducting invasive research. 

mstockstill on DSK4VPTVN1PROD with 

9 

•S 810 RS

1 (c) FEDERAL FUNDING FOR INVASIVE RESEARCH

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

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

4 conducting or facilitating invasive research on a great ape 

5 either within or outside of the United States. 

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

8 the purpose of conducting or facilitating invasive research. 

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

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

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

14 (f) TRANSFER OF OWNERSHIP PROHIBITED.—No 

15 Federal agency may transfer ownership of a great ape to 

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

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

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

21 of the great ape, including surgical procedures or chemical 

22 treatments for birth control. 

23 SEC. 5. RETIREMENT. 

24 Notwithstanding any other provision of law, not later 

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

mstockstill on DSK4VPTVN1PROD with 

10 

•S 810 RS

1 Secretary of Health and Human Services shall effectuate 

2 the permanent retirement of all great apes owned by the 

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

6 SEC. 6. CIVIL PENALTIES. 

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

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

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

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

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

14 SEC. 7. GREAT APE SANCTUARY SYSTEM FUND. 

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

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

20 be available without fiscal year limitation and not subject 

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

24 287a–3a). 

25 (b) TRANSFERS TO FUND.— 

mstockstill on DSK4VPTVN1PROD with 

11 

•S 810 RS

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

2 (A) such amounts as are appropriated to 

3 the Fund under paragraph (2); and 

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

6 (2) CIVIL PENALTIES.—There are appropriated 

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

9 collected as penalties and received in the Treasury 

10 under section 6. 

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

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

14 (d) ANNUAL REPORTS.— 

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

16 the end of each fiscal year beginning with fiscal year 

17 2012, the Secretary of Health and Human Services 

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

20 the fiscal year. 

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

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

23 (A) A statement of the amounts deposited 

24 into the Fund. 

mstockstill on DSK4VPTVN1PROD with 

12 

•S 810 RS

1 (B) A description of the expenditures made 

2 from the Fund for the fiscal year, including the 

3 purpose of the expenditures. 

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

6 (D) A statement of the balance remaining 

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

8 SEC. 8. EFFECTIVE DATES. 

9 (a) PROHIBITION ON RESEARCH.—The prohibition 

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

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

12 of enactment of this Act for great apes assigned to 

13 an active protocol on the date of enactment of this 

14 Act; or 

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

16 great apes not assigned to an active protocol on that 

17 date. 

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

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

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

21 of enactment of this Act. 

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

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

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

mstockstill on DSK4VPTVN1PROD with 

13 

•S 810 RS

1 SEC. 9. SEVERABILITY. 

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

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

4 respect, such invalidity or unenforceability shall not affect 

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

7 never been included in this Act. 

8 SECTION 1. SHORT TITLE. 

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

10 and Cost Savings Act of 2012’’. 

11 SEC. 2. FINDINGS AND PURPOSE. 

12 (a) FINDINGS.—Congress finds that— 

13 (1) chimpanzees are the only great apes cur14 rently used in invasive research in the United States; 

15 (2)(A) as of the date of introduction of this Act, 

16 there are approximately 1,000 chimpanzees housed in 

17 laboratories in the United States; 

(B) more than 1 18 ⁄2 of these chimpanzees are 

19 owned by the Federal Government; and 

20 (C) the vast majority are financially supported 

21 by the Federal Government; 

22 (3) great apes are highly intelligent and social 

23 animals; 

24 (4) research laboratory environments involving 

25 invasive research cannot meet the complex physical, 

26 social, and psychological needs of great apes; 

mstockstill on DSK4VPTVN1PROD with 

14 

•S 810 RS

1 (5) invasive research performed on great apes, 

2 and the breeding, housing, maintenance, and trans3 port of great apes for these purposes, are economic in 

4 nature and substantially affect interstate commerce; 

5 (6) the Federal Government incurs significant 

6 costs maintaining great apes in laboratories; 

7 (7) the National Research Council report entitled 

8 ‘‘Chimpanzees in Research—Strategies for their Eth9 ical Care, Management, and Use’’ concluded that— 

10 (A) there is a ‘‘moral responsibility’’ for the 

11 long-term care of chimpanzees used for scientific 

12 research; 

13 (B) euthanasia should not be used as a 

14 means to control the size of the great ape popu15 lation; 

16 (C) sanctuary animals require less intensive 

17 management than animals in research facilities 

18 and therefore entail lower costs of daily care; 

19 and 

20 (D) sanctuaries offer an opportunity for 

21 substantially reducing the costs of long-term 

22 maintenance of chimpanzees without compro23 mising high standards of well-being; and 

24 (8) the Institute of Medicine and National Re25 search Council report entitled ‘‘Chimpanzees in Biomstockstill on DSK4VPTVN1PROD with 

15 

•S 810 RS

1 medical and Behavioral Research: Assessing the Ne2 cessity’’ concluded that— 

3 (A) while the chimpanzee has been a valu4 able animal model in past research, most current 

5 use of chimpanzees for biomedical research is un6 necessary; 

7 (B) chimpanzees are not necessary for re8 search relating to a Hepatitis C antiviral drug, 

9 respiratory syncytial virus, future monoclonal 

10 antibodies therapies, or a therapeutic Hepatitis 

11 C vaccine; 

12 (C) the use of a combination of non-chim13 panzee methods for the development of 

14 monoclonal antibody therapies may make re15 search on the chimpanzee largely unnecessary; 

16 and 

17 (D) non-chimpanzee models, if further im18 proved, may reduce or obviate the need for the 

19 continued use of the chimpanzee for prophylactic 

20 Hepatitis C vaccine research. 

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

22 (1) to phase out invasive research on great apes 

23 and the use of Federal funding of that research, both 

24 within and outside of the United States; 

mstockstill on DSK4VPTVN1PROD with 

16 

•S 810 RS

1 (2) to prohibit the transport of great apes for 

2 purposes of invasive research; 

3 (3) to prohibit the breeding of great apes for pur4 poses of invasive research; and 

5 (4) to require the provision of lifetime care for 

6 great apes that are owned by or under the control of 

7 the Federal Government in a suitable sanctuary 

8 through the permanent retirement of the great apes. 

9 SEC. 3. DEFINITIONS. 

10 In this Act: 

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

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

13 great ape is supported by, or used pursuant to, public 

14 or private funding that requires invasive research. 

15 (2) DEBILITATING.—The term ‘‘debilitating’’ 

16 means causing major irreversible morbidity, includ17 ing blindness, loss of hearing, paralysis, or stroke. 

18 (3) DISEASE OR DISORDER.— 

19 (A) IN GENERAL.—The term ‘‘disease or 

20 disorder’’ means a life-threatening or debili21 tating clinical condition in human beings. 

22 (B) EXCLUSIONS.—The term ‘‘disease or 

23 disorder’’ does not include a clinical condition in 

24 human beings for which research on chimpanzees 

mstockstill on DSK4VPTVN1PROD with 

17 

•S 810 RS

1 has been found to be unnecessary by a Committee 

2 of the Institute of Medicine. 

3 (4) FUND.—The term ‘‘Fund’’ means the Great 

4 Ape Sanctuary System Fund established by section 

5 8(a). 

6 (5) GREAT APE.—The term ‘‘great ape’’ means 

7 any individual of the following species: 

8 (A) Chimpanzee (Pan troglodytes). 

9 (B) Bonobo (Pan paniscus). 

10 (C) Gorilla (Gorilla gorilla or Gorilla 

11 beringei). 

12 (D) Orangutan (Pongo pygmaeus or Pongo 

13 abelii). 

14 (E) Gibbon (Family Hylobatidae). 

15 (6) INVASIVE RESEARCH.— 

16 (A) IN GENERAL.—The term ‘‘invasive re17 search’’ means any research that may cause 

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

19 a great ape, including— 

20 (i) the testing of any drug or inten21 tional exposure to a substance that may be 

22 detrimental to the health or psychological 

23 well-being of a great ape; 

24 (ii) research that involves penetrating 

25 or cutting the body or removing body parts, 

mstockstill on DSK4VPTVN1PROD with 

18 

•S 810 RS

1 restraining, tranquilizing, or anesthetizing 

2 a great ape; and 

3 (iii) isolation, social deprivation, or 

4 other experimental manipulations that may 

5 be detrimental to the health or psychological 

6 well-being of a great ape. 

7 (B) EXCLUSIONS.— 

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

9 research’’ does not include— 

10 (I) close observation of natural or 

11 voluntary behavior of a great ape, if 

12 the research does not require an anes13 thetic or sedation event to collect data 

14 or record observations; 

15 (II) the temporary separation of a 

16 great ape from the social group of the 

17 great ape, leaving and returning by the 

18 own volition of the great ape; 

19 (III) post-mortem examination of 

20 a great ape that was not killed for the 

21 purpose of examination or research; 

22 and 

23 (IV) the administration of a phys24 ical exam by a licensed veterinarian or 

mstockstill on DSK4VPTVN1PROD with 

19 

•S 810 RS

1 physician conducted for the well-being 

2 of the individual great ape. 

3 (ii) PHYSICAL EXAM.—A physical 

4 exam conducted for the well-being of an in5 dividual great ape, as described in clause 

6 (i)(IV), may include the collection of bio7 logical samples or the implantation of mon8 itoring devices previously approved by the 

9 Food and Drug Administration, subject to 

10 the condition that the collection or implan11 tation is carried out to further the well12 being of the individual great ape, the social 

13 group of the great ape, or the great ape spe14 cies. 

15 (7) MONITORING DEVICE.—The term ‘‘moni16 toring device’’ means a medical device that has been 

17 approved by the Food and Drug Administration that 

18 collects data from an individual great ape but does 

19 not dispense any drugs or harmful substances. 

20 (8) PERMANENT RETIREMENT.— 

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

22 retirement’’ means a situation in which— 

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

24 sanctuary that will provide for the lifetime 

25 care of the great ape; and 

mstockstill on DSK4VPTVN1PROD with 

20 

•S 810 RS

1 (ii) the great ape will no longer be 

2 used in invasive research. 

3 (B) EXCLUSION.—The term ‘‘permanent re4 tirement’’ does not include euthanasia. 

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

6 (A) an individual, corporation, partnership, 

7 trust, association, or any other private or not8 for-profit entity; 

9 (B) any officer, employee, agent, depart10 ment, or instrumentality of the Federal Govern11 ment, a State, municipality, or political subdivi12 sion of a State; or 

13 (C) any other entity subject to the jurisdic14 tion of the United States. 

15 (10) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of Health and Human Services. 

17 (11) SUITABLE SANCTUARY.—The term ‘‘suitable 

18 sanctuary’’ means— 

19 (A) a sanctuary that meets or exceeds the 

20 standards of care for chimpanzees held in the 

21 federally supported sanctuary system, as defined 

22 in part 9 of title 42, Code of Federal Regula23 tions; or 

24 (B) a wildlife sanctuary that is a nonprofit 

25 organization that— 

mstockstill on DSK4VPTVN1PROD with 

21 

•S 810 RS

1 (i) operates a place of refuge where 

2 abused, neglected, unwanted, impounded, 

3 abandoned, orphaned, displaced, or retired 

4 animals are provided care for the lifetime of 

5 the animal; 

6 (ii) does not conduct invasive research 

7 on animals; 

8 (iii) does not conduct any commercial 

9 activity with animals, including, at a min10 imum, the sale, trade, auction, lease, or 

11 loan of animals or animal parts, or use of 

12 animals in any manner in a for-profit 

13 business or operation; 

14 (iv) does not use animals for entertain15 ment purposes or in a traveling exhibit; 

16 (v) does not breed any animals, wheth17 er intentionally or by failing to use ade18 quate birth control methods; and 

19 (vi) does not allow members of the pub20 lic the opportunity to come into physical 

21 contact with the animals. 

22 (12) TASK FORCE.—The term ‘‘Task Force’’ 

23 means the Great Ape Research Task Force established 

24 under section 5(b). 

mstockstill on DSK4VPTVN1PROD with 

22 

•S 810 RS

1 SEC. 4. PROHIBITIONS. 

2 (a) INVASIVE RESEARCH PROHIBITED.—No person 

3 shall conduct invasive research on a great ape. 

4 (b) HOUSING FOR INVASIVE RESEARCH PROHIB5 ITED.—No person shall possess, maintain, or house a great 

6 ape for the purpose of conducting invasive research. 

7 (c) FEDERAL FUNDING FOR INVASIVE RESEARCH PRO8 HIBITED.—No Federal funds may be used to conduct 

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

10 conducting or facilitating invasive research on a great ape 

11 either within or outside of the United States. 

12 (d) BREEDING FOR INVASIVE RESEARCH PROHIB13 ITED.—No person shall knowingly breed a great ape for the 

14 purpose of conducting or facilitating invasive research. 

15 (e) TRANSPORT FOR INVASIVE RESEARCH PROHIB16 ITED.—No person shall transport, move, deliver, receive, 

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

18 in interstate or foreign commerce for the purpose of con19 ducting or facilitating invasive research on a great ape. 

20 (f) TRANSFER OF OWNERSHIP PROHIBITED.—No Fed21 eral agency may transfer ownership of a great ape to a 

22 non-Federal entity unless the entity is a suitable sanctuary. 

23 (g) EXEMPTION.—Nothing in this Act limits or pre24 vents individualized medical care performed on a great ape 

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

mstockstill on DSK4VPTVN1PROD with 

23 

•S 810 RS

1 of the great ape, including surgical procedures or chemical 

2 treatments for birth control. 

3 SEC. 5. INVASIVE RESEARCH TO ADDRESS HUMAN HEALTH 

4 THREATS. 

5 (a) IN GENERAL.—If at any time beginning on the 

6 date that is 3 years after the date of enactment of this Act, 

7 the Secretary finds, based on the best available scientific 

8 evidence, that a new, emerging, or reemerging disease or 

9 disorder presents a challenge to treatment, prevention, or 

10 control that defies non-great ape models and technologies 

11 and, as a result, the use of great apes for research may be 

12 required, the Secretary shall publish that preliminary find13 ing in the Federal Register. 

14 (b) GREAT APE RESEARCH TASK FORCE.— 

15 (1) IN GENERAL.—Notwithstanding section 4, if 

16 the Secretary determines under subsection (a) that the 

17 use of invasive research on great apes may be nec18 essary, the Secretary shall convene the Great Ape Re19 search Task Force, which shall consist of— 

20 (A) the Secretary; 

21 (B) the Director of the National Institutes 

22 of Health; 

23 (C) the Secretary of Defense; 

24 (D) the Secretary of the Interior; 

mstockstill on DSK4VPTVN1PROD with 

24 

•S 810 RS

1 (E) the President of the Institute of Medi2 cine; 

3 (F) the Chair of the Association of Zoos and 

4 Aquariums Ape Taxon Advisory Group; 

5 (G) an individual appointed by the Sec6 retary with scientific expertise in the use of great 

7 apes in areas of research relating to the disease 

8 or disorder for which the Task Force is consid9 ering authorizing invasive research; 

10 (H) an individual appointed by the Sec11 retary with scientific expertise in the use of re12 search models that do not use great apes in areas 

13 of research relating to the disease or disorder for 

14 which the Task Force is considering authorizing 

15 invasive research; and 

16 (I) an individual appointed by the Sec17 retary who is a representative of an animal pro18 tection organization. 

19 (2) DUTIES.— 

20 (A) IN GENERAL.—The Task Force shall re21 view proposed research protocols and determine 

22 whether to authorize invasive research on great 

23 apes. 

24 (B) CONSULTATION.—In reviewing proposed 

25 research protocols, the Task Force shall consult 

mstockstill on DSK4VPTVN1PROD with 

25 

•S 810 RS

1 with the Animal Welfare Information Center es2 tablished under section 13(e) of the Animal Wel3 fare Act (7 U.S.C. 2143(e)). 

4 (3) PUBLIC PARTICIPATION.—The Secretary shall 

5 allow public comment on any proposed research pro6 tocol prior to final authorization by the Task Force. 

7 (4) AUTHORIZATION.—After consideration of any 

8 public comments submitted to the Task Force, the 

9 Task Force may issue written authorization for a per10 son to carry out an approved research protocol for 

11 invasive research on a great ape in order to prevent, 

12 control, or treat the new, emerging, or reemerging dis13 ease or disorder for which the Secretary convenes the 

14 Task Force, only if the Task Force determines based 

15 on the best scientific evidence available that— 

16 (A) for invasive research for biomedical 

17 purposes— 

18 (i) there is no suitable model available 

19 other than great apes, such as in vitro, 

20 nonhuman, in vivo, or other models, for the 

21 research in question; 

22 (ii) the research in question cannot be 

23 performed ethically on human subjects; 

24 (iii) foregoing the use of great apes for 

25 the research in question will significantly 

mstockstill on DSK4VPTVN1PROD with 

26 

•S 810 RS

1 slow or prevent important advancements to 

2 prevent, control, or treat life-threatening or 

3 debilitating conditions; and 

4 (iv) the research has not already been 

5 found to be unnecessary by a committee of 

6 the Institute of Medicine; or 

7 (B) for invasive research for comparative 

8 genomics and behavioral studies— 

9 (i) a study using great apes would pro10 vide otherwise unattainable insight into 

11 comparative genomics, normal and abnor12 mal behavior, mental health, emotion, or 

13 cognition; 

14 (ii) each experiment is performed on 

15 acquiescent animals, using techniques that 

16 are minimally invasive, and in a manner 

17 that minimizes pain and distress; and 

18 (iii) the research has not already been 

19 found to be unnecessary by a committee of 

20 the Institute of Medicine. 

21 (5) REQUIREMENTS.—If the Task Force author22 izes the use of great apes for invasive research under 

23 this section, the Task Force shall require each person 

24 authorized to carry out the research— 

mstockstill on DSK4VPTVN1PROD with 

27 

•S 810 RS

1 (A) to identify each individual great ape on 

2 which research will be performed based on the 

3 prior medical history of the great ape; 

4 (B) to minimize the pain and physical or 

5 mental harm or distress to the great ape result6 ing from the research; and 

7 (C) to maintain the great ape in 

8 ethologically appropriate physical and social en9 vironments throughout the course of the author10 ized research protocol. 

11 (6) NONAPPLICABILITY OF FACA.—The Federal 

12 Advisory Committee Act (5 U.S.C. App.) shall not 

13 apply to the Task Force. 

14 (c) LIMITATION.—A person conducting invasive re15 search pursuant to a written authorization issued under 

16 subsection (b)(4) shall be exempt from the prohibitions 

17 under section 4. 

18 (d) EFFECT.—Nothing in this section authorizes re19 search to be conducted on a great ape retired pursuant to 

20 the Chimpanzee Health Improvement, Maintenance, and 

21 Protection Act (Public Law 106–551; 114 Stat. 2752) or 

22 the Chimp Haven is Home Act (Public Law 110–170; 121 

23 Stat. 2465). 

24 (e) REPORT.— 

mstockstill on DSK4VPTVN1PROD with 

28 

•S 810 RS

1 (1) IN GENERAL.—The Secretary shall submit to 

2 Congress a report detailing the findings and rec3 ommendations of the Working Group on the Use of 

4 Chimpanzees in NIH-Supported Research of the 

5 Council of Councils of the National Institutes of 

6 Health. 

7 (2) INCLUSIONS.—The report shall include any 

8 legislative recommendations relating to the Task 

9 Force and the requirements of this section that are 

10 necessary to ensure consistency with the recommenda11 tions of the working group described in paragraph 

12 (1). 

13 (f) AUTHORITY.—The Secretary may promulgate regu14 lations to carry out the findings and recommendations of 

15 the working group described in subsection (e)(1) and the 

16 requirements of this section in a manner consistent with 

17 this Act. 

18 SEC. 6. RETIREMENT. 

19 (a) IN GENERAL.—Notwithstanding any other provi20 sion of law, not later than 3 years after the date of enact21 ment of this Act, the Secretary shall effectuate the perma22 nent retirement of all great apes owned by the Federal Gov23 ernment that are being maintained in any facility for the 

24 purpose of breeding for, holding for, or conducting invasive 

25 research. 

mstockstill on DSK4VPTVN1PROD with 

29 

•S 810 RS

1 (b) INVASIVE RESEARCH.—A federally owned great 

2 ape that is selected for invasive research under section 5 

3 shall be returned to a suitable sanctuary immediately after 

4 the research is concluded. 

5 SEC. 7. CIVIL PENALTIES. 

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

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

8 provision of this Act shall be assessed a civil penalty of not 

9 more than $10,000 for each violation. 

10 (b) MULTIPLE VIOLATIONS.—Each day that a viola11 tion of this Act continues shall constitute a separate offense. 

12 SEC. 8. GREAT APE SANCTUARY SYSTEM FUND. 

13 (a) ESTABLISHMENT OF FUND.—There is established 

14 in the Treasury of the United States a fund to be known 

15 as the ‘‘Great Ape Sanctuary System Fund’’, to be adminis16 tered by the Secretary, to be available without fiscal year 

17 limitation and not subject to appropriation, for construc18 tion, renovation, and operation of the sanctuary system es19 tablished pursuant to section 404K of the Public Health 

20 Service Act (42 U.S.C. 283m). 

21 (b) TRANSFERS TO FUND.— 

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

23 (A) such amounts as are appropriated to 

24 the Fund under paragraph (2); and 

mstockstill on DSK4VPTVN1PROD with 

30 

•S 810 RS

1 (B) such other amounts as are appropriated 

2 to the Fund under this Act. 

3 (2) CIVIL PENALTIES.—There are authorized to 

4 be appropriated to the Fund, out of funds of the 

5 Treasury not otherwise appropriated, amounts equiv6 alent to amounts collected as penalties and received 

7 in the Treasury under section 7. 

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

9 made available for any purpose other than a purpose de10 scribed in subsection (a). 

11 (d) ANNUAL REPORTS.— 

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

13 the end of each fiscal year beginning with fiscal year 

14 2013, the Secretary shall submit to the appropriate 

15 committees of Congress a report on the operation of 

16 the Fund during the fiscal year. 

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

18 the fiscal year covered by the report— 

19 (A) a statement of the amounts deposited 

20 into the Fund; 

21 (B) a description of the expenditures made 

22 from the Fund for the fiscal year, including the 

23 purpose of the expenditures; 

24 (C) recommendations for additional au25 thorities to fulfill the purpose of the Fund; and 

mstockstill on DSK4VPTVN1PROD with 

31 

•S 810 RS

1 (D) a statement of the balance remaining in 

2 the Fund at the end of the fiscal year. 

3 SEC. 9. EFFECTIVE DATES. 

4 (a) PROHIBITION ON RESEARCH.—The prohibition 

5 under section (4)(a) takes effect— 

6 (1) on the date that is 3 years after the date of 

7 enactment of this Act for great apes assigned to an 

8 active protocol as of the date of enactment of this Act; 

9 or 

10 (2) on the date of enactment of this Act for great 

11 apes not assigned to an active protocol as of that 

12 date. 

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

14 prohibitions under subsections (b) and (c) of section 4 take 

15 effect on the date that is 3 years after the date of enactment 

16 of this Act. 

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

18 Act for which a specific effective date is not provided takes 

19 effect on the date of enactment of this Act. 

20 SEC. 10. SEVERABILITY. 

21 In the event that any provision of this Act is, for any 

22 reason, be held to be invalid or unenforceable in any respect, 

23 the invalidity or unenforceability shall not affect any other 

24 provision of this Act, and this Act shall be construed as 

mstockstill on DSK4VPTVN1PROD with 

32 

•S 810 RS

1 if the invalid or unenforceable provision had never been in2 cluded in this Act. 

mstockstill on DSK4VPTVN1PROD with 

mstockstill on DSK4VPTVN1PROD with 

Calendar No. 557 

112TH CONGRESS 

2D SESSION S. 810 

[Report No. 112–242] 

A BILL 

To prohibit the conducting of invasive research on 

great apes, and for other purposes. 

NOVEMBER 30, 2012 

Reported with an amendment 

mstockstill on DSK4VPTVN1PROD with