Chimpanzee Health Improvement, Maintenance, and Protection Act
PL 106-551 (H.R.3514), enacted 12/20/2000

114 STAT. 2752 
PUBLIC LAW 106-551—DEC. 20, 2000 
Public Law 106-551 
106th Congress 
An Act 
Dec. 20, 2000 
[H.R. 3514] 
Chimpanzee 
Health 
Improvement, 
Maintenance, 
and Protection 
Act 
42 u s e 201 note. 
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. 
Be it enacted by the Senate and House of Representatives 
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 SYSTEM FOR FED-
ERALLY OWNED OR SUPPORTED 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 inserting after section 
48 IB the following section: 
42 u s e 287a-3a. 
"SEC. 481C. SANCTUARY SYSTEM FOR SURPLUS CHIMPANZEES. 
"(a) IN GENERAL.—^The Secretary shall provide for the establish-
ment 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 Government, 
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 chimpanzees'). 
"(b) ADMINISTRATION OF SANCTUARY SYSTEM.—^The Secretary 
shall carry out this section, including the establishment of regula-
tions under subsection (d), in consultation with the board of direc-
tors of the nonprofit private entity that receives the contract under 
subsection (e) (relating to the operation of the sanctuary system). 
"(c) ACCEPTANCE OF CHIMPANZEES INTO SYSTEM.—^All surplus 
chimpanzees owned by the Federal Government shall be accepted 
into the sanctuary system. Subject to standards under subsection 
(d)(4), any chimpanzee 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.— 
Deadline. 
"(1) IN GENERAL.—^Not later than 180 days after the date 
of the enactment of this section, the Secretary shall by regula-
tion establish standards for operating the sanctuary system 
PUBLIC LAW 106-551—DEC. 20, 2000 
114 STAT. 2753 
to provide for the permanent retirement of surplus chim-
panzees. In estabHshing the standards, the Secretary shall 
consider the recommendations of the board of directors of the 
nonprofit private entity that receives the contract under sub-
section (e), and shall consider the recommendations of the 
National Research Council applicable 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 authorized under paragraph 
(3). 
"(B) Provisions regarding the housing of the chim-
panzees. 
"(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 main-
tained on the health and use in research of the chim-
panzees. 
"(G) A requirement that the chimpanzees be monitored 
for the purpose of promptly detecting 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 posing such a 
threat be contained in accordance with applicable rec-
ommendations of the Director of the Centers for Disease 
Control and Prevention. 
"(I) A prohibition that none of the chimpanzees may 
be subjected to euthanasia, except as in the best interests 
of the chimpanzee involved, as determined by the system 
and an attending 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 author-
ized under paragraph (3)(A)(ii), the chimpanzee shall be 
returned 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 responsibility 
of the entity that obtains approval under such paragraph 
regarding use of the chimpanzee and removes the chim-
panzee from the sanctuary facility. 
"(K) A provision that the Secretary may, in the discre-
tion of the Secretary, accept into the system chimpanzees 
that are not surplus chimpanzees. 
"(L) Such additional standards as the Secretary deter-
mines to be appropriate. 
"(3) RESTRICTIONS REGARDING RESEARCH.— 
114 STAT. 2754 
PUBLIC LAW 106-551—DEC. 20, 2000 
"(A) IN GENERAL.—For purposes of paragraph (2)(A), 
standards under paragraph (1) shall provide that a chim-
panzee accepted into the sanctuary system may not be 
used for studies 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 informa-
tion collected during 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 chim-
panzee's prior medical history, prior research 
protocols, and current status), and there is no 
chimpanzee with a similar history and current 
status that is reasonably available among chim-
panzees that are not in the sanctuary system; 
"(II) the Secretary finds that there are techno-
logical or medical advancements that were not 
available at the time the chimpanzee entered the 
sanctuary system, and that such advancements 
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 chim-
panzee, and otherwise minimizes mental harm, 
distress, and disturbance to the chimpanzee and 
the social group in which the chimpanzee lives 
(including with respect to removal of the chim-
panzee 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 subsection (e) shall, 
after consultation with the head of the sanctuary 
facility in which the chimpanzee has been placed and 
with the attending veterinarian, evaluate whether the 
design of the research meets the conditions described 
in subparagraph (A)(ii)(IV) and shall submit to the 
Secretary the findings of the evaluation. 
"(ii) ACCEPTANCE OF BOARD FINDINGS.—The Sec-
retary shall accept the findings submitted to the Sec-
retary 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. 
PUBLIC LAW 106-551—DEC. 20, 2000 
114 STAT. 2755 
Federal Register, 
publication. 
"(iii) PUBLIC PARTICIPATION.—With respect to a 
proposed use in research of a chimpanzee in the sanc-
tuary 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 proposed evaluation by the 
Secretary under clause (ii) of this subparagraph; 
and 
"(II) the Secretary seeks public comment for Deadline 
a period of not less than 60 days. 
"(C) ADDITIONAL RESTRICTION.—For purposes of para-
graph (2)(A), a condition for the use in studies or research 
of a chimpanzee accepted into the sanctuary system is 
(in addition 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 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 follows: 
"(i) Such a fee may not be imposed for accepting 
the chimpanzee if, on the day before the date of the 
enactment of this section, the chimpanzee was owned 
by the nonprofit private entity that receives the con-
tract under subsection (e) or by any individual sanc-
tuary facility receiving a subcontract or grant under 
subsection (e)(1). 
"(ii) Such a fee may not be imposed for accepting 
the chimpanzee if the chimpanzee is owned by an 
entity that operates a primate center, and if the chim-
panzee is housed in the primate center pursuant to 
the program for regional centers for research on pri-
mates that is carried out by the National Center for 
Research Resources. 
Any fees collected under this subparagraph are available 
to the Secretary for the costs of operating 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 
report under section 3 of the Chimpanzee Health Improve-
ment, 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 system if the capacity of 
the system is not sufficient to accept the chimpanzee, 
taking into account the physical capacity of the system; 
114 STAT. 2756 
PUBLIC LAW 106-551—DEC. 20, 2000 
the financial resources of the system; the number of individ-
uals 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 accepted 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 system if a complete his-
tory of the health and use in research of the chimpanzee 
is not available to the Secretary. 
"(D) Such additional standards as the Secretary deter-
mines to be appropriate. 
"(e) AWARD OF CONTRACT FOR OPERATION OF SYSTEM.— 
"(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 responsibility of operating (and establishing, 
as applicable) the sanctuary system and awarding subcontracts 
or grants to individual sanctuary facilities that meet the stand-
ards 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 accordance with para-
graph (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 without com-
pensation. The members may be reimbursed for travel, 
subsistence, and other necessary expenses incurred in car-
rying out the duties of the board. 
"(D) The entity has an executive director meeting such 
requirements as the Secretary determines to be appro-
priate. 
"(E) The entity makes the agreement described in para-
graph (4) (relating to non-Federal 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 reason-
able basis to persons who conduct biomedical or behavioral 
research, with priority given to such persons who are Fed-
eral employees or who receive financial support from the 
Federal Government for research. 
"(H) Such other requirements as the Secretary deter-
mines 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 composed 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. 
PUBLIC LAW 106-551—DEC. 20, 2000 
114 STAT. 2757 
"(ii) Such members include individuals with exper-
tise and experience in the science of managing captive 
chimpanzees 
(including 
primate 
veterinary 
care), 
appointed 
from 
among 
individuals 
endorsed 
by 
organizations that represent individuals in such field. 
"(iii) Such members include individuals with exper-
tise and experience in the field of animal protection, 
appointed 
from 
among 
individuals 
endorsed 
by 
organizations that represent individuals in such field. 
"(iv) Such members include individuals with exper-
tise and experience in the zoological field (including 
behavioral 
primatology), 
appointed 
from 
among 
individuals endorsed by organizations that represent 
individuals in such field. 
"(v) Such members include individuals with exper-
tise and experience in the field of the business and 
management of nonprofit organizations, appointed 
from among individuals endorsed by organizations that 
represent individuals in such field. 
"(vi) Such members include representatives from 
entities that provide accreditation in the field of labora-
tory animal medicine. 
"(vii) Such members include individuals with 
expertise and experience in the field of containing bio-
hazards. 
"(viii) Such members include an additional member 
who serves as the chair of the board, appointed from 
among individuals who have been endorsed for pur-
poses of clause (ii), (iii), (iv), or (v). 
"(ix) None of the members of the board has been 
fined for, or signed a consent 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, one member from each of the six 
fields specified in subparagraph (A) to serve a term 
of 2 years and (in addition to the chair) one 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 appoint-
ment 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 remainder 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)) 
114 STAT. 2758 
PUBLIC LAW 106-551—DEC. 20, 2000 
Deadline. 
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-Federal contribu-
tions toward such costs, in cash or in kind, in an amount 
not less than the following, as applicable: 
"(A) For expenses associated with establishing 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 operating the sanc-
tuary 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 para-
graph (2) does not exist, not later than 60 days after the 
date of the 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 incorporating 
the entity under the law of one of the States. 
"(f) DEFINITIONS.—For purposes of this section: 
"(1) PERMANENT RETIREMENT.—^The term 'permanent retire-
ment', with respect to a chimpanzee that has been accepted 
into the sanctuary system, means that under subsection (a) 
the system provides for the lifetime care of the chimpanzee, 
that under subsection (d)(2) the system does not permit the 
chimpanzee to be used in research (except as authorized under 
subsection (d)(3)) or to be euthanized (except as provided in 
subsection (d)(2)(I)), that under subsection (d)(2) the system 
will not discharge the chimpanzee from the system, and that 
under such subsection the system otherwise cares for the chim-
panzee. 
"(2) SANCTUARY SYSTEM.—^The term 'sanctuary system' 
means the system described in subsection (a). 
"(3) SECRETARY.—^The term 'Secretary means the Secretary 
of Health and Human Services. 
"(4) 
SURPLUS CHIMPANZEES.—^The term 'surplus chim-
panzees' has the meaning given that term in subsection (a). 
"(g) FUNDING.— 
"(1) IN GENERAL.—Of the amount appropriated under this 
Act for fiscal year 2001 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 and for purposes of paragraph (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 reserved for such fiscal years reaches 
$30,000,000. The purposes for which funds reserved under the 
preceding sentence may be expended include the construction 
and renovation of facilities for the sanctuary 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 appro-
priated under this Act for fiscal year 1999. 
"(3) USE OF FUNDS FOR OTHER COMPLIANT FACILITIES.— 
With respect to amounts reserved under paragraph (1) for 
PUBLIC LAW 106-551—DEC. 20, 2000 
114 STAT. 2759 
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 receives the 
contract under subsection (e), provide for the retirement of 
chimpanzees in accordance with the same standards that apply 
to the sanctuary system pursuant to regulations under sub-
section (d). Such an award may be expended for the expenses 
of operating the facilities involved.". 
SEC. 3. REPORT TO CONGRESS REGARDING NUMBER OF CHIMPANZEES 
42 USC 287a-3a 
AND FUNDING FOR CARE OF CHIMPANZEES. 
note. 
With respect to chimpanzees that have been used, or were Deadline, 
bred or purchased for use, in research conducted or supported 
by the National Institutes of Health, the Food and Drug Administra-
tion, or other agencies of the Federal Government, the Secretary 
of Health and Human Services shall, not later than 365 days 
after the date of the enactment of this Act, submit to Congress 
a report providing 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 imposed by the 
Federal Government that, as a condition of the use of such 
a chimpanzee in research by a non-Federal entity— 
(A) fees be paid by the entity to the Federal Govern-
ment for the purpose of providing for the care of the chim-
panzee (including any fees for long-term care); or 
(B) funds be provided by the entity to a State, unit 
of local government, or private entity for an endowment 
or other financial account 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 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). 
114 STAT. 2760 
PUBLIC LAW 106-551—DEC. 20, 2000 
(4) In the case of such fees, a specification of whether 
the fees were available to the Secretary (or other Federal offi-
cials) pursuant to annual appropriations Acts or pursuant to 
permanent appropriations. 
Approved December 20, 2000. 
LEGISLATIVE HISTORY—H.R. 3514 (S. 2725): 
SENATE REPORTS: No. 106-494 accompanying S. 2725 (Comm. on Health, Edu-
cation, Labor, and Pensions). 
CONGRESSIONAL RECORD, Vol. 146 (2000): 
Oct. 24, considered and passed House. 
Dec. 6, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000): 
Dec. 20, Presidential statement.