[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4744 Introduced in House (IH)]







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 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 ``Postresearch Chimpanzee Care 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:

               ``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 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)(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 regulation 
        establish standards for operating the sanctuary system to 
        provide for the permanent retirement of surplus chimpanzees. In 
        establishing the standards, the Secretary 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. This subparagraph does not prohibit 
                noninvasive behavioral studies of the chimpanzees, or 
                medical studies conducted during the course of normal 
                veterinary 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 detecting the 
                presence in the chimpanzees of any condition that may 
                be a threat to the public health.
                    ``(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 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 Secretary 
                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 follows:
                            ``(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 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 
                Postresearch Chimpanzee 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 system if the capacity 
                of the system is not sufficient to accept the 
                chimpanzee, taking into account 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 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.
            ``(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) 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 15 voting members.
                            ``(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 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 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)) 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), 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 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) The term `permanent retirement', with respect to a 
        surplus chimpanzee, means that the chimpanzee has been accepted 
        into the sanctuary system, 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, that under such subsection 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 appropriated 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 
        include 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 enactment 
of this Act, submit to the 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 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 appropriations Acts or pursuant 
        to permanent appropriations.
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