Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Chimpanzee Health
Improvement, Maintenance, and Protection Act’’.
SEC. 2. ESTABLISHMENT OF NATIONAL SANCTUARY SYS-
TEM 
FOR 
FEDERALLY 
OWNED 
OR 
SUP-
PORTED CHIMPANZEES NO LONGER NEEDED
FOR RESEARCH.
Subpart 1 of part E of title IV of the Public Health
Service Act (42 U.S.C. 287 et seq.) is amended by insert-
ing after section 481B the following section:
‘‘SEC. 481C. SANCTUARY SYSTEM FOR SURPLUS CHIM-
PANZEES.
‘‘(a) IN GENERAL.—The Secretary shall provide for
the establishment and operation in accordance with this
section of a system to provide for the lifetime care of chim-
panzees that have been used, or were bred or purchased
for use, in research conducted or supported by the Na-
tional Institutes of Health, the Food and Drug Adminis-
tration, or other agencies of the Federal Government, and
with respect to which it has been determined by the Sec-
retary that the chimpanzees are not needed for such re-
search (in this section referred to as ‘surplus chim-
panzees’).
‘‘(b) ADMINISTRATION OF SANCTUARY SYSTEM.—
The Secretary shall carry out this section, including the
establishment of regulations under subsection (d), in con-
sultation with the board of directors of the nonprofit pri-
vate entity that receives the contract under subsection (e)
(relating to the operation of the sanctuary system).
‘‘(c) ACCEPTANCE
OF CHIMPANZEES INTO SYS-
TEM.—All surplus chimpanzees owned by the Federal
Government shall be accepted into the sanctuary system.
Subject to standards under subsection (d)(4), any chim-
panzee that is not owned by the Federal Government can
be accepted into the system if the owner transfers to the
sanctuary system title to the chimpanzee.
‘‘(d) STANDARDS FOR PERMANENT RETIREMENT OF
SURPLUS CHIMPANZEES.—
‘‘(1) IN GENERAL.—Not later than 180 days
after the date of enactment of this section, the Sec-
retary shall by regulation establish standards for op-
erating the sanctuary system to provide for the per-
manent retirement of surplus chimpanzees. In estab-
lishing the standards, the Secretary shall consider
the recommendations of the board of directors of the
nonprofit private entity that receives the contract
under subsection (e), and shall consider the rec-
ommendations of the National Research Council ap-
plicable to surplus chimpanzees that are made in the
report published in 1997 and entitled ‘Chimpanzees
in Research—Strategies for Their Ethical Care,
Management, and Use’.
‘‘(2) CHIMPANZEES ACCEPTED INTO SYSTEM.—
With respect to chimpanzees that are accepted into
the sanctuary system, standards under paragraph
(1) shall include the following:
‘‘(A) A prohibition that the chimpanzees
may not be used for research, except as author-
ized under paragraph (3).
‘‘(B) Provisions regarding the housing of
the chimpanzees.
‘‘(C) Provisions regarding the behavioral
well-being of the chimpanzees.
‘‘(D) A requirement that the chimpanzees
be cared for in accordance with the Animal
Welfare Act.
‘‘(E) A requirement that the chimpanzees
be prevented from breeding.
‘‘(F) A requirement that complete histories
be maintained on the health and use in research
of the chimpanzees.
‘‘(G) A requirement that the chimpanzees
be monitored for the purpose of promptly de-
tecting the presence in the chimpanzees of any
condition that may be a threat to the public
health or the health of other chimpanzees.
‘‘(H) A requirement that chimpanzees pos-
ing such a threat be contained in accordance
with applicable recommendations of the Direc-
tor of the Centers for Disease Control and Pre-
vention.
‘‘(I) A prohibition that none of the chim-
panzees may be subjected to euthanasia, except
as in the best interests of the chimpanzee in-
volved, as determined by the system and an at-
tending veterinarian.
‘‘(J) A prohibition that the chimpanzees
may not be discharged from the system. If any
chimpanzee is removed from a sanctuary facility
for purposes of research authorized under para-
graph (3)(A)(ii), the chimpanzee shall be re-
turned immediately upon the completion of that
research. All costs associated with the removal
of the chimpanzee from the facility, with the
care of the chimpanzee during such absence
from the facility, and with the return of the
chimpanzee to the facility shall be the responsi-
bility of the entity that obtains approval under
such paragraph regarding use of the chim-
panzee and removes the chimpanzee from the
sanctuary facility.
‘‘(K) A provision that the Secretary may,
in the discretion of the Secretary, accept into
the system chimpanzees that are not surplus
chimpanzees.
‘‘(L) Such additional standards as the Sec-
retary determines to be appropriate.
‘‘(3) RESTRICTIONS REGARDING RESEARCH.—
‘‘(A) IN GENERAL.—For purposes of para-
graph (2)(A), standards under paragraph (1)
shall provide that a chimpanzee accepted into
the sanctuary system may not be used for stud-
ies or research, except as provided in clause (i)
or (ii), as follows:
‘‘(i) The chimpanzee may be used for
noninvasive behavioral studies or medical
studies based on information collected dur-
ing the course of normal veterinary care
that is provided for the benefit of the
chimpanzee, provided that any such study
involves minimal physical and mental
harm, pain, distress, and disturbance to
the chimpanzee and the social group in
which the chimpanzee lives.
‘‘(ii) The chimpanzee may be used in
research if—
‘‘(I) the Secretary finds that
there are special circumstances in
which there is need for that indi-
vidual, specific chimpanzee (based on
that chimpanzee’s prior medical his-
tory, prior research protocols, and
current status), and there is no chim-
panzee with a similar history and cur-
rent status that is reasonably avail-
able among chimpanzees that are not
in the sanctuary system;
‘‘(II) the Secretary finds that
there are technological or medical ad-
vancements that were not available at
the time the chimpanzee entered the
sanctuary system, and that such ad-
vancements can and will be used in
the research;
‘‘(III) the Secretary finds that
the research is essential to address an
important public health need; and
‘‘(IV) the design of the research
involves minimal pain and physical
harm to the chimpanzee, and other-
wise minimizes mental harm, distress,
and disturbance to the chimpanzee
and the social group in which the
chimpanzee lives (including with re-
spect to removal of the chimpanzee
from the sanctuary facility involved).
‘‘(B) APPROVAL OF RESEARCH DESIGN.—
‘‘(i) 
EVALUATION
BY
SANCTUARY
BOARD.—With respect to a proposed use in
research of a chimpanzee in the sanctuary
system under subparagraph (A)(ii), the
board of directors of the nonprofit private
entity that receives the contract under sub-
section (e) shall, after consultation with
the head of the sanctuary facility in which
the chimpanzee has been placed and with
the attending veterinarian, evaluate wheth-
er the design of the research meets the
conditions 
described 
in 
subparagraph
(A)(ii)(IV) and shall submit to the Sec-
retary the findings of the evaluation.
‘‘(ii) ACCEPTANCE
OF
BOARD
FIND-
INGS.—The Secretary shall accept the
findings submitted to the Secretary under
clause (i) by the board of directors referred
to in such clause unless the Secretary
makes a determination that the findings of
the board are arbitrary or capricious.
‘‘(iii) PUBLIC
PARTICIPATION.—With
respect to a proposed use in research of a
chimpanzee in the sanctuary system under
subparagraph (A)(ii), the proposal shall
not be approved until—
‘‘(I) the Secretary publishes in
the Federal Register the proposed
findings of the Secretary under such
subparagraph, the findings of the
evaluation by the board under clause
(i) of this subparagraph, and the pro-
posed evaluation by the Secretary
under clause (ii) of this subparagraph;
and
‘‘(II) the Secretary seeks public
comment for a period of not less than
60 days.
‘‘(C) 
ADDITIONAL
RESTRICTION.—For
purposes of paragraph (2)(A), a condition for
the use in studies or research of a chimpanzee
accepted into the sanctuary system is (in addi-
tion to conditions under subparagraphs (A) and
(B) of this paragraph) that the applicant for
such use has not been fined for, or signed a
consent decree for, any violation of the Animal
Welfare Act.
‘‘(4) NON-FEDERAL
CHIMPANZEES
OFFERED
FOR ACCEPTANCE INTO SYSTEM.—With respect to a
chimpanzee that is not owned by the Federal Gov-
ernment and is offered for acceptance into the sanc-
tuary system, standards under paragraph (1) shall
include the following:
‘‘(A) A provision that the Secretary may
authorize the imposition of a fee for accepting
such chimpanzee into the system, except as fol-
lows:
‘‘(i) Such a fee may not be imposed
for accepting the chimpanzee if, on the day
before the date of enactment of this sec-
tion, the chimpanzee was owned by the
nonprofit private entity that receives the
contract under subsection (e) or by any in-
dividual sanctuary facility receiving a sub-
contract or grant under subsection (e)(1).
‘‘(ii) Such a fee may not be imposed
for accepting the chimpanzee if the chim-
panzee is owned by an entity that operates
a primate center, and if the chimpanzee is
housed in the primate center pursuant to
the program for regional centers for re-
search on primates that is carried out by
the National Center for Research Re-
sources.
Any fees collected under this subparagraph are
available to the Secretary for the costs of oper-
ating the system. Any other fees received by the
Secretary for the long-term care of chimpanzees
(including any Federal fees that are collected
for such purpose and are identified in the re-
port under section 3 of the Chimpanzee Health
Improvement, Maintenance, and Protection
Act) are available for operating the system, in
addition to availability for such other purposes
as may be authorized for the use of the fees.
‘‘(B) A provision that the Secretary may
deny such chimpanzee acceptance into the sys-
tem if the capacity of the system is not suffi-
cient to accept the chimpanzee, taking into ac-
count the physical capacity of the system; the
financial resources of the system; the number of
individuals serving as the staff of the system,
including the number of professional staff; the
necessity of providing for the safety of the staff
and of the public; the necessity of caring for ac-
cepted chimpanzees in accordance with the
standards under paragraph (1); and such other
factors as may be appropriate.
‘‘(C) A provision that the Secretary may
deny such chimpanzee acceptance into the sys-
tem if a complete history of the health and use
in research of the chimpanzee is not available to
the Secretary.
‘‘(D) Such additional standards as the Sec-
retary determines to be appropriate.
‘‘(e) AWARD OF CONTRACT FOR OPERATION OF SYS-
TEM.—
‘‘(1) IN GENERAL.—Subject to the availability
of funds pursuant to subsection (g), the Secretary
shall make an award of a contract to a nonprofit
private entity under which the entity has the respon-
sibility of operating (and establishing, as applicable)
the sanctuary system and awarding subcontracts or
grants to individual sanctuary facilities that meet
the standards under subsection (d).
‘‘(2) REQUIREMENTS.—The Secretary may
make an award under paragraph (1) to a nonprofit
private entity only if the entity meets the following
requirements:
‘‘(A) The entity has a governing board of
directors that is composed and appointed in ac-
cordance with paragraph (3) and is satisfactory
to the Secretary.
‘‘(B) The terms of service for members of
such board are in accordance with paragraph
(3).
‘‘(C) The members of the board serve with-
out compensation. The members may be reim-
bursed for travel, subsistence, and other nec-
essary expenses incurred in carrying out the du-
ties of the board.
‘‘(D) The entity has an executive director
meeting such requirements as the Secretary de-
termines to be appropriate.
‘‘(E) The entity makes the agreement de-
scribed in paragraph (4) (relating to non-Fed-
eral contributions).
‘‘(F) The entity agrees to comply with
standards under subsection (d).
‘‘(G) The entity agrees to make necropsy
reports on chimpanzees in the sanctuary system
available on a reasonable basis to persons who
conduct biomedical or behavioral research, with
priority given to such persons who are Federal
employees or who receive financial support from
the Federal Government for research.
‘‘(H) Such other requirements as the Sec-
retary determines to be appropriate.
‘‘(3) BOARD OF DIRECTORS.—For purposes of
subparagraphs (A) and (B) of paragraph (2):
‘‘(A) The governing board of directors of
the nonprofit private entity involved is com-
posed and appointed in accordance with this
paragraph if the following conditions are met:
‘‘(i) Such board is composed of not
more than 13 voting members.
‘‘(ii) Such members include individ-
uals with expertise and experience in the
science of managing captive chimpanzees
(including primate veterinary care), ap-
pointed from among individuals endorsed
by organizations that represent individuals
in such field.
‘‘(iii) Such members include individ-
uals with expertise and experience in the
field of animal protection, appointed from
among individuals endorsed by organiza-
tions that represent individuals in such
field.
‘‘(iv) Such members include individ-
uals with expertise and experience in the
zoological field (including behavioral pri-
matology), appointed from among individ-
uals endorsed by organizations that rep-
resent individuals in such field.
‘‘(v) Such members include individuals
with expertise and experience in the field
of the business and management of non-
profit 
organizations, 
appointed 
from
among individuals endorsed by organiza-
tions that represent individuals in such
field.
‘‘(vi) Such members include represent-
atives from entities that provide accredita-
tion in the field of laboratory animal medi-
cine.
‘‘(vii) Such members include individ-
uals with expertise and experience in the
field of containing biohazards.
‘‘(viii) Such members include an addi-
tional member who serves as the chair of
the board, appointed from among individ-
uals who have been endorsed for purposes
of clause (ii), (iii), (iv), or (v).
‘‘(ix) None of the members of the
board has been fined for, or signed a con-
sent decree for, any violation of the Animal
Welfare Act.
‘‘(B) The terms of service for members of
the board of directors are in accordance with
this paragraph if the following conditions are
met:
‘‘(i) The term of the chair of the
board is 3 years.
‘‘(ii) The initial members of the board
select, by a random method, 1 member
from each of the 6 fields specified in sub-
paragraph (A) to serve a term of 2 years
and (in addition to the chair) 1 member
from each of such fields to serve a term of
3 years.
‘‘(iii) After the initial terms under
clause (ii) expire, each member of the
board (other than the chair) is appointed
to serve a term of 2 years.
‘‘(iv) An individual whose term of
service expires may be reappointed to the
board.
‘‘(v) A vacancy in the membership of
the board is filled in the manner in which
the original appointment was made.
‘‘(vi) If a member of the board does
not serve the full term applicable to the
member, the individual appointed to fill the
resulting vacancy is appointed for the re-
mainder of the term of the predecessor
member.
‘‘(4) REQUIREMENT
OF
MATCHING
FUNDS.—
The agreement required in paragraph (2)(E) for a
nonprofit private entity (relating to the award of the
contract under paragraph (1)) is an agreement that,
with respect to the costs to be incurred by the entity
in establishing and operating the sanctuary system,
the entity will make available (directly or through
donations from public or private entities) non-Fed-
eral contributions toward such costs, in cash or in
kind, in an amount not less than the following, as
applicable:
‘‘(A) For expenses associated with estab-
lishing the sanctuary system (as determined by
the Secretary), 10 percent of such costs ($1 for
each $9 of Federal funds provided under the
contract under paragraph (1)).
‘‘(B) For expenses associated with oper-
ating the sanctuary system (as determined by
the Secretary), 25 percent of such costs ($1 for
each $3 of Federal funds provided under such
contract).
‘‘(5) ESTABLISHMENT OF CONTRACT ENTITY.—
If the Secretary determines that an entity meeting
the requirements of paragraph (2) does not exist,
not later than 60 days after the date of enactment
of this section, the Secretary shall, for purposes of
paragraph (1), make a grant for the establishment
of such an entity, including paying the cost of incor-
porating the entity under the law of one of the
States.
‘‘(f) DEFINITIONS.—For purposes of this section:
‘‘(1) PERMANENT
RETIREMENT.—The term
‘permanent retirement’, with respect to a chim-
panzee that has been accepted into the sanctuary
graph (3), except that the Secretary may not for
such purposes reserve any further funds from such
amount after the aggregate total of the funds so re-
served for such fiscal years reaches $30,000,000.
The purposes for which funds reserved under the
preceding sentence may be expended include the con-
struction and renovation of facilities for the sanc-
tuary system.
‘‘(2) LIMITATION.—Funds may not be reserved
for a fiscal year under paragraph (1) unless the
amount appropriated under this Act for such year
equals or exceeds the amount appropriated under
this Act for fiscal year 1999.
‘‘(3) USE OF FUNDS FOR OTHER COMPLIANT
FACILITIES.—With respect to amounts reserved
under paragraph (1) for a fiscal year, the Secretary
may use a portion of such amounts to make awards
of grants or contracts to public or private entities
operating facilities that, as determined by the board
of directors of the nonprofit private entity that re-
ceives the contract under subsection (e), provide for
the retirement of chimpanzees in accordance with
the same standards that apply to the sanctuary sys-
tem pursuant to regulations under subsection (d).
Such an award may be expended for the expenses of
operating the facilities involved.’’.
SEC. 3. REPORT TO CONGRESS REGARDING NUMBER OF
CHIMPANZEES AND FUNDING FOR CARE OF
CHIMPANZEES.
With respect to chimpanzees that have been used, or
were bred or purchased for use, in research conducted or
supported by the National Institutes of Health, the Food
and Drug Administration, or other agencies of the Federal
Government, the Secretary of Health and Human Services
shall, not later than 365 days after the date of enactment
of this Act, submit to Congress a report providing the fol-
lowing information:
(1) The number of such chimpanzees in the
United States, whether owned or held by the Federal
Government, any of the States, or private entities.
(2) An identification of any requirement im-
posed by the Federal Government that, as a condi-
tion of the use of such a chimpanzee in research by
a non-Federal entity—
(A) fees be paid by the entity to the Fed-
eral Government for the purpose of providing
for the care of the chimpanzee (including any
fees for long-term care); or
(B) funds be provided by the entity to a
State, unit of local government, or private enti-
ty for an endowment or other financial account
whose purpose is to provide for the care of the
chimpanzee (including any funds provided for
long-term care).
(3) An accounting for fiscal years 1999 and
2000 of all fees paid and funds provided by non-
Federal entities pursuant to requirements described
in subparagraphs (A) and (B) of paragraph (2).
(4) In the case of such fees, a specification of
whether the fees were available to the Secretary (or
other Federal officials) pursuant to annual appro-
priations Acts or pursuant to permanent appropria-
tions.
Passed the House of Representatives October 24,
2000.
Attest:
Clerk.
106TH CONGRESS
2D SESSION
H. R. 3514
AN ACT
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.