[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2725 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2725

 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 SENATE OF THE UNITED STATES

                             June 13, 2000

 Mr. Smith of New Hampshire (for himself, Mr. Durbin, Mr. Kerrey, Mr. 
Lautenberg, and Mr. Jeffords) introduced the following bill; which was 
 read twice and referred to the Committee on Health, Education, Labor, 
                              and Pensions

_______________________________________________________________________

                                 A BILL


 
 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.

    (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 chimpanzee 
that is not owned by the Federal Government shall 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 Act, 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 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 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.
                    (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) 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 Act, the 
                        chimpanzee was owned by the nonprofit private 
                        entity that receives the contract under 
                        subsection (e) or by any individual qualified 
                        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) 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 qualified 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 the Chimpanzee Health Improvement, Maintenance and 
        Protection Act, 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 or to be 
        euthanatized (except as provided in subsection (d)(2)(I)), 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) 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, subject to the approval of an entity 
        that meets the requirements of subsection (e)(2), use a portion 
        of such amounts to make awards of grants or contracts to public 
        or private entities operating facilities that provide for the 
        retirement of chimpanzees in accordance with the same standards 
        that apply to the sanctuary system pursuant to regulations 
        under subsection (d)(2). 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.
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