[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3514 Enrolled Bill (ENR)]

        H.R.3514

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 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.

    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 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 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) 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 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.--
            ``(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.
                ``(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) 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 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; 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.
                ``(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)) 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) 
    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 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 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 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).
        (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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.