[106th Congress Public Law 551]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ551.106]
[[Page 2751]]
CHIMPANZEE HEALTH IMPROVEMENT, MAINTENANCE, AND PROTECTION ACT
[[Page 114 STAT. 2752]]
Public Law 106-551
106th Congress
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. <<NOTE: Dec. 20, 2000 - [H.R. 3514]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Chimpanzee
Health Improvement, Maintenance, and Protection Act.>>
SECTION 1. SHORT <<NOTE: 42 USC 201 note.>> TITLE.
This Act may be cited as the ``Chimpanzee Health Improvement,
Maintenance, and Protection Act''.
SEC. 2. ESTABLISHMENT OF NATIONAL SANCTUARY SYSTEM FOR FEDERALLY 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 481B the
following section:
``SEC. 481C. SANCTUARY SYSTEM FOR SURPLUS <<NOTE: 42 USC 287a-
3a.>> CHIMPANZEES.
``(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 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 regulations under
subsection (d), in consultation with the board of directors 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.--
``(1) <<NOTE: Deadline.>> In general.--Not later than 180
days after the date of the enactment of this section, the
Secretary shall by regulation establish standards for operating
the sanctuary system
[[Page 114 STAT. 2753]]
to provide for the permanent retirement of surplus chimpanzees.
In establishing 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 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
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 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
recommendations 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
authorized 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 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 Secretary
determines to be appropriate.
``(3) Restrictions regarding research.--
[[Page 114 STAT. 2754]]
``(A) In general.--For purposes of paragraph (2)(A),
standards under paragraph (1) shall provide that a
chimpanzee 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 information 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 individual, specific
chimpanzee (based on that chimpanzee'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 chimpanzees
that are not in the sanctuary system;
``(II) the Secretary finds that
there are technological 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 chimpanzee, 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 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 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
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.
[[Page 114 STAT. 2755]]
``(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) <<NOTE: Federal Register,
publication.>> 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) <<NOTE: Deadline.>> 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 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 contract under subsection
(e) or by any individual sanctuary 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 chimpanzee is housed in the primate
center pursuant to the program for regional
centers for research on primates 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
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 system if the capacity of
the system is not sufficient to accept the chimpanzee,
taking into account the physical capacity of the system;
[[Page 114 STAT. 2756]]
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 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
history of the health and use in research of the
chimpanzee is not available to the Secretary.
``(D) Such additional standards as the Secretary
determines 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
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 accordance 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 without
compensation. The members may be reimbursed for travel,
subsistence, and other necessary expenses incurred in
carrying out the duties of the board.
``(D) The entity has an executive director meeting
such requirements as the Secretary determines to be
appropriate.
``(E) The entity makes the agreement described in
paragraph (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
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 Secretary
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 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.
[[Page 114 STAT. 2757]]
``(ii) Such members include individuals with
expertise 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
expertise 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
expertise 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
expertise 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 laboratory animal medicine.
``(vii) Such members include individuals with
expertise and experience in the field of
containing biohazards.
``(viii) Such members include an additional
member who serves as the chair of the board,
appointed from among individuals 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 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
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 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))
[[Page 114 STAT. 2758]]
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
contributions 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
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) <<NOTE: Deadline.>> 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
retirement', 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
chimpanzee.
``(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 chimpanzees'
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 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
[[Page 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 subsection
(d). Such an award may be expended for the expenses of operating
the facilities involved.''.
SEC. 3. REPORT TO CONGRESS <<NOTE: 42 USC 287a-3a note.>> REGARDING
NUMBER OF CHIMPANZEES AND FUNDING FOR CARE OF CHIMPANZEES.
With <<NOTE: Deadline.>> 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 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
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 entity 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).
[[Page 114 STAT. 2760]]
(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 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,
Education, 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.
<all>