I 
114TH CONGRESS 
1ST SESSION H. R. 3294 
To establish a program to assist in the importation and care of abused, 
injured, or abandoned nonhuman primates. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 29, 2015 
Mrs. ELLMERS of North Carolina (for herself, Mr. DEFAZIO, and Mr. ROO-
NEY of Florida) introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To establish a program to assist in the importation and 
care of abused, injured, or abandoned nonhuman primates. 
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 ‘‘Sanctuary Regulatory 
Fairness Act of 2015’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) Nonhuman primates, such as chimpanzees, 
gorillas, orangutans, macaques, and numerous other 
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species, often face abusive and cruel captive condi-
tions in other countries. 
(2) There is growing evidence that, absent a 
suitable humane alternative, these primates will re-
main or be placed in other cruel captive conditions 
and face inhumane deaths in areas outside the 
United States. 
(3) Regulations of the Centers for Disease Con-
trol and Prevention allow importation of nonhuman 
primates only for scientific, educational, or exhi-
bition purposes and not for humane lifetime shelter 
and care in appropriate primate sanctuaries. 
(4) Many of these animals could be obtained by 
certified primate sanctuaries in the United States 
and provided with shelter and care for the remainder 
of their natural lives in a species-appropriate, hu-
mane environment if allowed by law to be imported 
for such purpose. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) The term ‘‘certified primate sanctuary’’ 
means a primate sanctuary that has been certified 
by the Secretary pursuant to section 4. 
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(2) The term ‘‘nonhuman primates’’ means the 
species included in the biological order Primates, ex-
cept Homo sapiens. 
(3) The term ‘‘primate sanctuary’’ means a fa-
cility that— 
(A) rescues and provides lifetime shelter 
and care for animals that have been abused, in-
jured, or abandoned, or are otherwise in need; 
(B) is an organization described in section 
501(c)(3) of the Internal Revenue Code of 1986 
and exempt from tax under section 501(a) of 
such Code; 
(C) does not commercially trade in any 
animals, including animal parts, animal byprod-
ucts, and animal offspring; 
(D) does not intentionally breed or propa-
gate nonhuman primates; 
(E) does not allow direct contact between 
the public and nonhuman primates; 
(F) does not allow unescorted public visita-
tion at the facility, except for discrete, non-
intrusive observation by individuals approved by 
the sanctuary; 
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(G) does not allow animals to be removed 
from the facility, or from the animals’ enclo-
sures, for exhibition or education; and 
(H) does not conduct research on animals, 
except where the facility determines that— 
(i) the health and welfare of the ani-
mal involved is best served by participating 
in a treatment study; and 
(ii) the facility reasonably believes 
that the outcome of the study will provide 
a tangible benefit to the animal involved. 
(4) The term ‘‘Secretary’’ means the Secretary 
of Health and Human Services. 
SEC. 4. IMPORTATION OF NONHUMAN PRIMATES. 
(a) IN GENERAL.—Not later than 12 months after 
the date of enactment of this Act, the Secretary, con-
sistent with section 361 of the Public Health Service Act 
(42 U.S.C. 264; relating to control of communicable dis-
eases), shall promulgate a final rule revising section 
71.53(c) of title 42, Code of Federal Regulations, to ex-
pand the categories of uses for which nonhuman primates 
may be imported and distributed to include live nonhuman 
primates imported into the United States by a certified 
primate sanctuary for purposes of providing lifetime shel-
ter and care. 
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(b) CERTIFICATION PROCESS.— 
(1) ESTABLISHMENT.—The rule required by 
subsection (a) shall establish a process under which 
the Secretary certifies facilities as primate sanc-
tuaries for purposes of the importation, shelter, and 
care of nonhuman primates, as described in sub-
section (a). 
(2) CRITERIA.—The Secretary shall require, as 
a condition of such certification, that a facility— 
(A) is a primate sanctuary, as defined in 
section 3; and 
(B) satisfies any other criteria that— 
(i) are determined to be appropriate 
by the Secretary; and 
(ii) are consistent with the criteria 
specified in the definition of a primate 
sanctuary in section 3. 
(3) APPLICATIONS.—To seek certification under 
this Act, a primate sanctuary shall submit an appli-
cation in such form, in such manner, and containing 
such information as the Secretary may require. Any 
information in an application for certification under 
this Act shall be protected from disclosure as pro-
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vided in section 552(b)(4) of title 5, United States 
Code. 
Æ 
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