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 con-
ducted or supported by the Public Health Service, 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 ‘‘Postresearch Chim-
panzee Care 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:
‘‘SANCTUARY SYSTEM FOR SURPLUS CHIMPANZEES
‘‘SEC. 481C. (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 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 Govern-
ment, and with respect to which it has been determined
by the Secretary that the chimpanzees are not needed for
such research (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)(3), any surplus
chimpanzee that is not owned by the Federal Government
shall be accepted into the system if the owner transfers
to the Federal Government title to the chimpanzee.
‘‘(d) STANDARDS FOR PERMANENT RETIREMENT OF
SURPLUS CHIMPANZEES.—
‘‘(1) IN GENERAL.—The Secretary shall by reg-
ulation establish standards for operating the sanc-
tuary system to provide for the permanent retire-
ment of surplus chimpanzees. In establishing the
standards, the Secretary 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. This subpara-
graph does not prohibit noninvasive behavioral
studies of the chimpanzees, or medical studies
conducted during the course of normal veteri-
nary care that is provided for the benefit of the
chimpanzees.
‘‘(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.
‘‘(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 the chimpanzees
may not be discharged from the system.
‘‘(J) A provision that the Secretary may,
in the discretion of the Secretary, accept into
the system chimpanzees that are not surplus
chimpanzees.
‘‘(K) Such additional standards as the Sec-
retary determines to be appropriate.
‘‘(3) NON-FEDERAL
CHIMPANZEES
OFFERED
FOR ACCEPTANCE INTO SYSTEM.—With respect to a
surplus chimpanzee that is not owned by the Federal
Government and is offered for acceptance into the
sanctuary 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 the enactment of the
Postresearch Chimpanzee Care Act, the
chimpanzee was owned by the nonprofit
private entity that receives the contract
under subsection (e).
‘‘(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 Postresearch Chim-
panzee Care 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.
‘‘(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) 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 15 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 a 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 three years.
‘‘(ii) The initial members of the board
select, by a random method, one member
from each of the four fields specified in
subparagraph (A) to serve a term of two
years and (in addition to the chair) one
member from each of such fields to serve
a term of three 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 two 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 operat-
ing the sanctuary system (as determined by the
Secretary), 50 percent of such costs ($1 for
each $1 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,
the Secretary may for purposes of paragraph (1)
make a grant for the establishment of such an en-
tity, including paying the cost of incorporating the
entity under the law of one of the States.
‘‘(f) DEFINITIONS.—For purposes of this section:
‘‘(1) The term ‘permanent retirement’, with re-
spect to a surplus chimpanzee, means that the chim-
panzee has been accepted into the sanctuary system,
that under subsection (a) the system provides for
the lifetime care of the chimpanzee, that under sub-
section (d)(2) the system does not permit the chim-
panzee to be used in research, that under such sub-
section the system will not discharge the chimpanzee
from the system, and that under such subsection the
system otherwise cares for the chimpanzee.
‘‘(2) The term ‘sanctuary system’ means the
system described in subsection (a).
‘‘(3) The term ‘surplus chimpanzees’ has the
meaning indicated for such term in subsection (a).
‘‘(g) FUNDING.—
‘‘(1) IN
GENERAL.—Of the amount appro-
priated under this Act for fiscal year 2000 and each
subsequent fiscal year, the Secretary, subject to
paragraph (2), shall reserve a portion for purposes
of the operation (and establishment, as applicable)
of the sanctuary system, except that the Secretary
may not for such purposes reserve any further funds
from such amount after the aggregate total of the
funds so reserved for such fiscal years reaches
$15,000,000. The purposes for which funds reserved
under the preceding sentence may be expended in-
clude the construction and renovation of facilities for
the sanctuary system, subject to section 496(b).
‘‘(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 1998.’’.
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 120 days after the date of the enact-
ment of this Act, submit to the Congress a report provid-
ing the following 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 en-
tity for an endowment or other financial ac-
count whose purpose is to provide for the care
of the chimpanzee (including any funds pro-
vided for long-term care).
(3) An accounting for fiscal years 1997 and
1998 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.
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