[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3514 Received in Senate (RDS)]

  2d Session
                                H. R. 3514


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            October 25 (legislative day, September 22), 2000

                                Received

_______________________________________________________________________

                                 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 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 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, 1 member from each 
                        of the 6 fields specified in subparagraph (A) 
                        to serve a term of 2 years and (in addition to 
                        the chair) 1 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 
        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 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.

            Passed the House of Representatives October 24, 2000.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.