I

105TH CONGRESS

2D SESSION H. R. 4744

To amend the Public Health Service Act 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 HOUSE OF REPRESENTATIVES

OCTOBER 8, 1998

Mr. GREENWOOD (for himself and Mr. GINGRICH) introduced the following

bill; which was referred to the Committee on Commerce

A BILL

To amend the Public Health Service Act to provide for

a system of sanctuaries for chimpanzees that have been

designated as being no longer needed in research conducted or supported by the Public Health Service, and

for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Postresearch Chim5 panzee Care Act’’.
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1 SEC. 2. ESTABLISHMENT OF NATIONAL SANCTUARY SYS2 TEM FOR FEDERALLY OWNED OR SUP3 PORTED CHIMPANZEES NO LONGER NEEDED

4 FOR RESEARCH.

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

6 Service Act (42 U.S.C. 287 et seq.) is amended by insert7 ing after section 481B the following section:

8 ‘‘SANCTUARY SYSTEM FOR SURPLUS CHIMPANZEES

9 ‘‘SEC. 481C. (a) IN GENERAL.—The Secretary shall

10 provide for the establishment and operation in accordance

11 with this section of a system to provide for the lifetime

12 care of chimpanzees that have been used, or were bred

13 or purchased for use, in research conducted or supported

14 by the National Institutes of Health, the Food and Drug

15 Administration, or other agencies of the Federal Govern16 ment, and with respect to which it has been determined

17 by the Secretary that the chimpanzees are not needed for

18 such research (in this section referred to as ‘surplus chim19 panzees’).

20 ‘‘(b) ADMINISTRATION OF SANCTUARY SYSTEM.—

21 The Secretary shall carry out this section, including the

22 establishment of regulations under subsection (d), in con23 sultation with the board of directors of the nonprofit pri24 vate entity that receives the contract under subsection (e)

25 (relating to the operation of the sanctuary system).
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1 ‘‘(c) ACCEPTANCE OF CHIMPANZEES INTO SYS2 TEM.—All surplus chimpanzees owned by the Federal

3 Government shall be accepted into the sanctuary system.

4 Subject to standards under subsection (d)(3), any surplus

5 chimpanzee that is not owned by the Federal Government

6 shall be accepted into the system if the owner transfers

7 to the Federal Government title to the chimpanzee.

8 ‘‘(d) STANDARDS FOR PERMANENT RETIREMENT OF

9 SURPLUS CHIMPANZEES.—

10 ‘‘(1) IN GENERAL.—The Secretary shall by reg11 ulation establish standards for operating the sanc12 tuary system to provide for the permanent retire13 ment of surplus chimpanzees. In establishing the

14 standards, the Secretary shall consider the rec15 ommendations of the National Research Council ap16 plicable to surplus chimpanzees that are made in the

17 report published in 1997 and entitled ‘Chimpanzees

18 in Research—Strategies for Their Ethical Care,

19 Management, and Use’.

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

21 With respect to chimpanzees that are accepted into

22 the sanctuary system, standards under paragraph

23 (1) shall include the following:

24 ‘‘(A) A prohibition that the chimpanzees

25 may not be used for research. This subpara-
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1 graph does not prohibit noninvasive behavioral

2 studies of the chimpanzees, or medical studies

3 conducted during the course of normal veteri4 nary care that is provided for the benefit of the

5 chimpanzees.

6 ‘‘(B) Provisions regarding the housing of

7 the chimpanzees.

8 ‘‘(C) Provisions regarding the behavioral

9 well-being of the chimpanzees.

10 ‘‘(D) A requirement that the chimpanzees

11 be cared for in accordance with the Animal

12 Welfare Act.

13 ‘‘(E) A requirement that the chimpanzees

14 be prevented from breeding.

15 ‘‘(F) A requirement that complete histories

16 be maintained on the health and use in research

17 of the chimpanzees.

18 ‘‘(G) A requirement that the chimpanzees

19 be monitored for the purpose of promptly de20 tecting the presence in the chimpanzees of any

21 condition that may be a threat to the public

22 health.

23 ‘‘(H) A requirement that chimpanzees pos24 ing such a threat be contained in accordance

25 with applicable recommendations of the Direc-
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1 tor of the Centers for Disease Control and Pre2 vention.

3 ‘‘(I) A prohibition that the chimpanzees

4 may not be discharged from the system.

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

6 in the discretion of the Secretary, accept into

7 the system chimpanzees that are not surplus

8 chimpanzees.

9 ‘‘(K) Such additional standards as the Sec10 retary determines to be appropriate.

11 ‘‘(3) NON-FEDERAL CHIMPANZEES OFFERED

12 FOR ACCEPTANCE INTO SYSTEM.—With respect to a

13 surplus chimpanzee that is not owned by the Federal

14 Government and is offered for acceptance into the

15 sanctuary system, standards under paragraph (1)

16 shall include the following:

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

18 authorize the imposition of a fee for accepting

19 such chimpanzee into the system, except as fol20 lows:

21 ‘‘(i) Such a fee may not be imposed

22 for accepting the chimpanzee if, on the day

23 before the date of the enactment of the

24 Postresearch Chimpanzee Care Act, the

25 chimpanzee was owned by the nonprofit
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1 private entity that receives the contract

2 under subsection (e).

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

4 for accepting the chimpanzee if the chim5 panzee is owned by an entity that operates

6 a primate center, and if the chimpanzee is

7 housed in the primate center pursuant to

8 the program for regional centers for re9 search on primates that is carried out by

10 the National Center for Research Re11 sources.

12 Any fees collected under this subparagraph are

13 available to the Secretary for the costs of oper14 ating the system. Any other fees received by the

15 Secretary for the long-term care of chimpanzees

16 (including any Federal fees that are collected

17 for such purpose and are identified in the re18 port under section 3 of the Postresearch Chim19 panzee Care Act) are available for operating the

20 system, in addition to availability for such other

21 purposes as may be authorized for the use of

22 the fees.

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

24 deny such chimpanzee acceptance into the sys25 tem if the capacity of the system is not suffi-
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1 cient to accept the chimpanzee, taking into ac2 count the physical capacity of the system; the

3 financial resources of the system; the number of

4 individuals serving as the staff of the system,

5 including the number of professional staff; the

6 necessity of providing for the safety of the staff

7 and of the public; the necessity of caring for ac8 cepted chimpanzees in accordance with the

9 standards under paragraph (1); and such other

10 factors as may be appropriate.

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

12 deny such chimpanzee acceptance into the sys13 tem if a complete history of the health and use

14 in research of the chimpanzee is not available to

15 the Secretary.

16 ‘‘(D) Such additional standards as the Sec17 retary determines to be appropriate.

18 ‘‘(e) AWARD OF CONTRACT FOR OPERATION OF SYS19 TEM.—

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

21 of funds pursuant to subsection (g), the Secretary

22 shall make an award of a contract to a nonprofit

23 private entity under which the entity has the respon24 sibility of operating (and establishing, as applicable)

25 the sanctuary system.
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1 ‘‘(2) REQUIREMENTS.—The Secretary may

2 make an award under paragraph (1) to a nonprofit

3 private entity only if the entity meets the following

4 requirements:

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

6 directors that is composed and appointed in ac7 cordance with paragraph (3) and is satisfactory

8 to the Secretary.

9 ‘‘(B) The terms of service for members of

10 such board are in accordance with paragraph

11 (3).

12 ‘‘(C) The members of the board serve with13 out compensation. The members may be reim14 bursed for travel, subsistence, and other nec15 essary expenses incurred in carrying out the du16 ties of the board.

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

18 meeting such requirements as the Secretary de19 termines to be appropriate.

20 ‘‘(E) The entity makes the agreement de21 scribed in paragraph (4) (relating to non-Fed22 eral contributions).

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

24 standards under subsection (d).
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1 ‘‘(G) Such other requirements as the Sec2 retary determines to be appropriate.

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

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

5 ‘‘(A) The governing board of directors of

6 the nonprofit private entity involved is com7 posed and appointed in accordance with this

8 paragraph if the following conditions are met:

9 ‘‘(i) Such board is composed of not

10 more than 15 voting members.

11 ‘‘(ii) Such members include individ12 uals with expertise and experience in the

13 science of managing captive chimpanzees

14 (including primate veterinary care), ap15 pointed from among individuals endorsed

16 by organizations that represent individuals

17 in such field.

18 ‘‘(iii) Such members include individ19 uals with expertise and experience in the

20 field of animal protection, appointed from

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

23 field.

24 ‘‘(iv) Such members include individ25 uals with expertise and experience in the
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1 zoological field (including behavioral pri2 matology), appointed from among individ3 uals endorsed by organizations that rep4 resent individuals in such field.

5 ‘‘(v) Such members include individuals

6 with expertise and experience in the field

7 of the business and management of non8 profit organizations, appointed from

9 among individuals endorsed by organiza10 tions that represent individuals in such

11 field.

12 ‘‘(vi) Such members include represent13 atives from entities that provide accredita14 tion in the field of laboratory animal medi15 cine.

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

18 field of containing biohazards.

19 ‘‘(viii) Such members include an addi20 tional member who serves as the chair of

21 the board, appointed from among individ22 uals who have been endorsed for purposes

23 of clause (ii), (iii), (iv), or (v).
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1 ‘‘(ix) None of the members of the

2 board has been fined for a violation of the

3 Animal Welfare Act.

4 ‘‘(B) The terms of service for members of

5 the board of directors are in accordance with

6 this paragraph if the following conditions are

7 met:

8 ‘‘(i) The term of the chair of the

9 board is three years.

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

11 select, by a random method, one member

12 from each of the four fields specified in

13 subparagraph (A) to serve a term of two

14 years and (in addition to the chair) one

15 member from each of such fields to serve

16 a term of three years.

17 ‘‘(iii) After the initial terms under

18 clause (ii) expire, each member of the

19 board (other than the chair) is appointed

20 to serve a term of two years.

21 ‘‘(iv) An individual whose term of

22 service expires may be reappointed to the

23 board.
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1 ‘‘(v) A vacancy in the membership of

2 the board is filled in the manner in which

3 the original appointment was made.

4 ‘‘(vi) If a member of the board does

5 not serve the full term applicable to the

6 member, the individual appointed to fill the

7 resulting vacancy is appointed for the re8 mainder of the term of the predecessor

9 member.

10 ‘‘(4) REQUIREMENT OF MATCHING FUNDS.—

11 The agreement required in paragraph (2)(E) for a

12 nonprofit private entity (relating to the award of the

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

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

15 in establishing and operating the sanctuary system,

16 the entity will make available (directly or through

17 donations from public or private entities) non-Fed18 eral contributions toward such costs, in cash or in

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

20 applicable:

21 ‘‘(A) For expenses associated with estab22 lishing the sanctuary system (as determined by

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

24 each $9 of Federal funds provided under the

25 contract under paragraph (1)).
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1 ‘‘(B) For expenses associated with operat2 ing the sanctuary system (as determined by the

3 Secretary), 50 percent of such costs ($1 for

4 each $1 of Federal funds provided under such

5 contract).

6 ‘‘(5) ESTABLISHMENT OF CONTRACT ENTITY.—

7 If the Secretary determines that an entity meeting

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

9 the Secretary may for purposes of paragraph (1)

10 make a grant for the establishment of such an en11 tity, including paying the cost of incorporating the

12 entity under the law of one of the States.

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

14 ‘‘(1) The term ‘permanent retirement’, with re15 spect to a surplus chimpanzee, means that the chim16 panzee has been accepted into the sanctuary system,

17 that under subsection (a) the system provides for

18 the lifetime care of the chimpanzee, that under sub19 section (d)(2) the system does not permit the chim20 panzee to be used in research, that under such sub21 section the system will not discharge the chimpanzee

22 from the system, and that under such subsection the

23 system otherwise cares for the chimpanzee.

24 ‘‘(2) The term ‘sanctuary system’ means the

25 system described in subsection (a).
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1 ‘‘(3) The term ‘surplus chimpanzees’ has the

2 meaning indicated for such term in subsection (a).

3 ‘‘(g) FUNDING.—

4 ‘‘(1) IN GENERAL.—Of the amount appro5 priated under this Act for fiscal year 2000 and each

6 subsequent fiscal year, the Secretary, subject to

7 paragraph (2), shall reserve a portion for purposes

8 of the operation (and establishment, as applicable)

9 of the sanctuary system, except that the Secretary

10 may not for such purposes reserve any further funds

11 from such amount after the aggregate total of the

12 funds so reserved for such fiscal years reaches

13 $15,000,000. The purposes for which funds reserved

14 under the preceding sentence may be expended in15 clude the construction and renovation of facilities for

16 the sanctuary system, subject to section 496(b).

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

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

19 amount appropriated under this Act for such year

20 equals or exceeds the amount appropriated under

21 this Act for fiscal year 1998.’’.
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1 SEC. 3. REPORT TO CONGRESS REGARDING NUMBER OF

2 CHIMPANZEES AND FUNDING FOR CARE OF

3 CHIMPANZEES.

4 With respect to chimpanzees that have been used, or

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

6 supported by the National Institutes of Health, the Food

7 and Drug Administration, or other agencies of the Federal

8 Government, the Secretary of Health and Human Services

9 shall, not later than 120 days after the date of the enact10 ment of this Act, submit to the Congress a report provid11 ing the following information:

12 (1) The number of such chimpanzees in the

13 United States, whether owned or held by the Federal

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

15 (2) An identification of any requirement im16 posed by the Federal Government that, as a condi17 tion of the use of such a chimpanzee in research by

18 a non-Federal entity—

19 (A) fees be paid by the entity to the Fed20 eral Government for the purpose of providing

21 for the care of the chimpanzee (including any

22 fees for long-term care); or

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

24 State, unit of local government, or private en25 tity for an endowment or other financial ac26 count whose purpose is to provide for the care
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1 of the chimpanzee (including any funds pro2 vided for long-term care).

3 (3) An accounting for fiscal years 1997 and

4 1998 of all fees paid and funds provided by non5 Federal entities pursuant to requirements described

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

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

8 whether the fees were available to the Secretary (or

9 other Federal officials) pursuant to annual appro10 priations Acts or pursuant to permanent appropria11 tions.

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