I 
110TH CONGRESS 
2D SESSION 
H. R. 5852 
To prohibit the conducting of invasive research on great apes, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 17, 2008 
Mr. TOWNS (for himself, Mr. ALLEN, Mr. BARTLETT of Maryland, Mr. 
BRALEY of Iowa, Mr. LANGEVIN, Mr. REICHERT, Mr. CAMPBELL of Cali-
fornia, and Mrs. BONO MACK) introduced the following bill; which was 
referred to the Committee on Energy and Commerce, and in addition to 
the Committees on Ways and Means and Foreign Affairs, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To prohibit the conducting of invasive research on great 
apes, and for other purposes. 
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 ‘‘Great Ape Protection 
Act’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds the following: 
VerDate Aug 31 2005 
03:35 Apr 22, 2008
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5852.IH
H5852
wwoods2 on PRODPC68 with BILLS
(1) Advances in scientific knowledge reveal that 
our nearest living relatives, great apes (including 
chimpanzees, bonobos, gorillas, orangutans and gib-
bons), bear an exceedingly close genetic relationship 
to humans. 
(2) Great apes are highly intelligent and social 
animals and research laboratory environments in-
volving invasive research cannot meet their complex 
social and psychological needs. 
(3) Confinement of great apes for purposes of 
invasive research causes these intelligent and sen-
tient animals to experience harmful stress and suf-
fering, such as profound depression and withdrawal, 
self mutilation that can result in physical wounding, 
hair pulling, rocking, and other traumatized or psy-
chotic behaviors. 
(4) Invasive research performed on great apes, 
and the breeding of great apes for these purposes, 
are economic in nature and substantially affect 
interstate commerce. 
(5) The majority of invasive research and test-
ing conducted on great apes in the United States is 
for the end purpose of developing drugs, pharma-
ceuticals, and other products to be sold in the inter-
state market. 
VerDate Aug 31 2005 
03:35 Apr 22, 2008
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5852.IH
H5852
wwoods2 on PRODPC68 with BILLS
(6) The total costs associated with great ape re-
search have a direct economic impact on interstate 
commerce. 
(7) Care in a research laboratory for a single 
great ape over the lifespan of the great ape of more 
than 50 years can cost between $300,000 and 
$500,000, compared to an approximate cost of 
$275,000 for high quality care in a sanctuary. 
(8) An overwhelming majority of invasive re-
search procedures performed on great apes involve 
some element of interstate commerce, such that 
great apes, equipment, and researchers have traveled 
across state lines. 
(9) The regulation of animals and activities as 
provided in this Act are necessary to effectively reg-
ulate interstate and foreign commerce. 
(10) Australia, Austria, Japan, the Nether-
lands, New Zealand, Sweden, and the United King-
dom have banned or severely limited experiments on 
great apes and several other countries and the Euro-
pean Union are considering similar bans as well. 
(11) The National Research Council (NRC) re-
port entitled ‘‘Chimpanzees in Research and Strate-
gies for their Ethical Care, Management, and Use,’’ 
concluded that— 
VerDate Aug 31 2005 
03:35 Apr 22, 2008
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5852.IH
H5852
wwoods2 on PRODPC68 with BILLS
(A) there is a ‘‘moral responsibility’’ for 
the long-term care of chimpanzees used for sci-
entific research; 
(B) there should be a moratorium on fur-
ther chimpanzee breeding; 
(C) euthanasia as a means of general 
chimpanzee population control is unacceptable; 
and 
(D) sanctuaries should be created to house 
chimpanzees in a manner consistent with high 
standards of lifetime care, social enrichment, 
and cognitive development. 
(12) In December 2000, the Chimpanzee 
Health Improvement, Maintenance, and Protection 
(CHIMP) Act was signed into law, requiring the 
Federal Government to provide for permanent ‘‘re-
tirement’’ of chimpanzees who are identified ‘‘as no 
longer being needed in research’’. 
(13) In May 2007, the National Institutes of 
Health’s National Center for Research Resources’ 
(NCRR) decided to permanently end funding for the 
breeding of Government-owned chimpanzees for re-
search. 
(b) PURPOSES.—The purpose of this Act is to— 
VerDate Aug 31 2005 
03:35 Apr 22, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5852.IH
H5852
wwoods2 on PRODPC68 with BILLS
(1) prohibit invasive research and the funding 
of such research both within and outside of the 
United States on great apes; 
(2) prohibit the transport of great apes for pur-
poses of invasive research; 
(3) prohibit the breeding of great apes for pur-
poses of invasive research; and 
(4) require the permanent retirement of feder-
ally owned great apes. 
SEC. 3. PROHIBITIONS. 
(a) INVASIVE RESEARCH PROHIBITION.—No person 
shall conduct invasive research on a great ape. 
(b) FEDERAL FUNDING PROHIBITION.—No Federal 
funds may be used to conduct invasive research on a great 
ape. 
(c) TRANSPORT
PROHIBITION.—No person shall 
knowingly import, export, transport, move, deliver, receive, 
possess, rent, loan, purchase, or sell a great ape for the 
purpose of conducting invasive research on such great ape. 
(d) BREEDING PROHIBITION.—No person shall breed 
a great ape for use in invasive research. 
(e) EXEMPTION.—Nothing in this Act shall be con-
strued to limit or prevent individualized medical care per-
formed on a great ape by a licensed veterinarian for the 
benefit of the great ape. 
VerDate Aug 31 2005 
03:35 Apr 22, 2008
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5852.IH
H5852
wwoods2 on PRODPC68 with BILLS
SEC. 4. RETIREMENT. 
(a) IN GENERAL.—Subject to subsection (b), the Sec-
retary of Health and Human Services shall provide for the 
permanent retirement of all great apes owned or under 
the control of the Federal Government that have been 
used for invasive research. 
(b) EXCEPTION.—The Secretary of Health and 
Human Services may provide for the euthanizing of a 
great ape owned or under the control of the Federal Gov-
ernment that has been used for invasive research if eutha-
nasia is in the best interests of such great ape, as deter-
mined by an attending veterinarian and endorsed by a sec-
ond, unaffiliated veterinarian. 
SEC. 5. DEFINITIONS. 
In this Act: 
(a) GREAT APE.—The term ‘‘great ape’’ includes a 
chimpanzee, gorilla, bonobo, orangutan, or gibbon. 
(b) INVASIVE RESEARCH.—The term ‘‘invasive re-
search’’— 
(1) means any experimental research that may 
cause death, bodily injury, pain, distress, fear, in-
jury, or trauma to a great ape, including— 
(A) the testing of any drug or intentional 
exposure to a substance that may be detri-
mental to the health of a great ape; 
VerDate Aug 31 2005 
03:35 Apr 22, 2008
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5852.IH
H5852
wwoods2 on PRODPC68 with BILLS
(B) research that involves penetrating or 
cutting the body or removing body parts, re-
straining, tranquilizing, or anesthetizing a great 
ape; or 
(C) isolation, social deprivation, or other 
experimental physical manipulations that may 
be detrimental to the health or psychological 
well-being of a great ape; and 
(2) does not include— 
(A) close observation of natural or vol-
untary behavior of a great ape, provided that 
the research does not require removal of the 
great ape from the social group or environment 
of such great ape or require an anesthetic or se-
dation event to collect data or record observa-
tions; or 
(B) post-mortem examination of a great 
ape following the natural death of such great 
ape. 
(c) PERMANENT RETIREMENT.—The term ‘‘perma-
nent retirement’’— 
(1) means that a great ape is placed in a suit-
able sanctuary that will provide for the lifetime care 
of the great ape and such great ape will not be used 
in further invasive research; and 
VerDate Aug 31 2005 
03:35 Apr 22, 2008
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5852.IH
H5852
wwoods2 on PRODPC68 with BILLS
(2) does not include euthanasia. 
(d) PERSON.—The term ‘‘person’’ means— 
(1) an individual, corporation, partnership, 
trust, association, or any other private entity, 
(2) any officer, employee, agent, department, or 
instrumentality of the Federal Government, a State, 
municipality, or political subdivision of a State; or 
(3) any other entity subject to the jurisdiction 
of the United States. 
(e) SUITABLE
SANCTUARY.—The term ‘‘suitable 
sanctuary’’ means— 
(1) the system referred to in section 481C(a) of 
the Public Health Service Act (42 U.S.C. 287a- 
3a(a)); or 
(2) a comparable privately funded sanctuary 
approved by the Secretary of Health and Human 
Services. 
SEC. 6. EFFECTIVE DATE. 
This Act shall take effect on the date that is 3 years 
after the date of the enactment of this Act. 
Æ 
VerDate Aug 31 2005 
03:35 Apr 22, 2008
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6301
E:\BILLS\H5852.IH
H5852
wwoods2 on PRODPC68 with BILLS