[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 810 Reported in Senate (RS)]

                                                       Calendar No. 557
112th CONGRESS
  2d Session
                                 S. 810

                          [Report No. 112-242]

To prohibit the conducting of invasive research on great apes, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 13, 2011

Ms. Cantwell (for herself, Ms. Collins, Mr. Sanders, Mr. Lieberman, Mr. 
 Brown of Ohio, Mr. Akaka, Mrs. Gillibrand, Mr. Kerry, Mr. Blumenthal, 
   Mr. Begich, Mr. Merkley, Mr. Leahy, Mr. Udall of New Mexico, Mr. 
     Inouye, Mr. Menendez, Ms. Mikulski, Mr. Reed, and Mr. Durbin) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

                           November 30, 2012

               Reported by Mrs. Boxer, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To prohibit the conducting of invasive research on great apes, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Great Ape Protection and 
Cost Savings Act of 2011''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSE.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) chimpanzees are the only great apes currently 
        used in invasive research in the United States;</DELETED>
        <DELETED>    (2)(A) as of the date of introduction of this Act, 
        there are approximately 1,000 chimpanzees housed in 
        laboratories in the United States;</DELETED>
        <DELETED>    (B) more than </DELETED>\<DELETED>1/2</DELETED>\ 
        <DELETED>of these chimpanzees are owned by the Federal 
        Government; and</DELETED>
        <DELETED>    (C) the vast majority are financially supported by 
        the Federal Government;</DELETED>
        <DELETED>    (3) great apes are highly intelligent and social 
        animals;</DELETED>
        <DELETED>    (4) research laboratory environments involving 
        invasive research cannot meet the complex physical, social, and 
        psychological needs of great apes;</DELETED>
        <DELETED>    (5) invasive research performed on great apes, and 
        the breeding, housing, maintenance, and transport of great apes 
        for these purposes, are economic in nature and substantially 
        affect interstate commerce;</DELETED>
        <DELETED>    (6) maintaining great apes in laboratories costs 
        the Federal Government more than caring for great apes in 
        suitable sanctuaries that are specifically designed to provide 
        adequate lifetime care for great apes; and</DELETED>
        <DELETED>    (7) the National Research Council report entitled 
        ``Chimpanzees in Research--Strategies for their Ethical Care, 
        Management, and Use'' concluded that--</DELETED>
                <DELETED>    (A) there is a ``moral responsibility'' 
                for the long-term care of chimpanzees used for 
                scientific research;</DELETED>
                <DELETED>    (B) there should be a moratorium on 
                further chimpanzee breeding;</DELETED>
                <DELETED>    (C) euthanasia should not be used as a 
                means to control the size of the great ape population; 
                and</DELETED>
                <DELETED>    (D) sanctuaries should be created to house 
                chimpanzees in a manner consistent with high standards 
                of lifetime care, social enrichment, and cognitive 
                development.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are to--</DELETED>
        <DELETED>    (1) phase out invasive research on great apes and 
        the use of Federal funding of such research, both within and 
        outside of the United States;</DELETED>
        <DELETED>    (2) prohibit the transport of great apes for 
        purposes of invasive research;</DELETED>
        <DELETED>    (3) prohibit the breeding of great apes for 
        purposes of invasive research; and</DELETED>
        <DELETED>    (4) require the provision of lifetime care of 
        great apes who are owned by or under the control of the Federal 
        Government in a suitable sanctuary through the permanent 
        retirement of the apes.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Assigned to an active protocol.--The term 
        ``assigned to an active protocol'' means that a great ape is 
        supported by, or used pursuant to, public or private funding 
        that requires invasive research.</DELETED>
        <DELETED>    (2) Great ape.--The term ``great ape'' means any 
        individual of the following species:</DELETED>
                <DELETED>    (A) Chimpanzee (Pan 
                troglodytes).</DELETED>
                <DELETED>    (B) Bonobo (Pan paniscus).</DELETED>
                <DELETED>    (C) Gorilla (Gorilla gorilla or Gorilla 
                beringei).</DELETED>
                <DELETED>    (D) Orangutan (Pongo pygmaeus or Pongo 
                abelii).</DELETED>
                <DELETED>    (E) Gibbon (Family Hylobatidae).</DELETED>
        <DELETED>    (3) Invasive research.--</DELETED>
                <DELETED>    (A) In general.--The term ``invasive 
                research'' means any research that may cause death, 
                injury, pain, distress, fear, or trauma to a great ape, 
                including--</DELETED>
                        <DELETED>    (i) the testing of any drug or 
                        intentional exposure to a substance that may be 
                        detrimental to the health or psychological 
                        well-being of a great ape;</DELETED>
                        <DELETED>    (ii) research that involves 
                        penetrating or cutting the body or removing 
                        body parts, restraining, tranquilizing, or 
                        anesthetizing a great ape; or</DELETED>
                        <DELETED>    (iii) isolation, social 
                        deprivation, or other experimental 
                        manipulations that may be detrimental to the 
                        health or psychological well-being of a great 
                        ape.</DELETED>
                <DELETED>    (B) Exclusions.--</DELETED>
                        <DELETED>    (i) In general.--The term 
                        ``invasive research'' does not include--
                        </DELETED>
                                <DELETED>    (I) close observation of 
                                natural or voluntary behavior of a 
                                great ape, if the research does not 
                                require an anesthetic or sedation event 
                                to collect data or record 
                                observations;</DELETED>
                                <DELETED>    (II) the temporary 
                                separation of a great ape from the 
                                social group of the great ape, leaving 
                                and returning by the own volition of 
                                the great ape;</DELETED>
                                <DELETED>    (III) post-mortem 
                                examination of a great ape that was not 
                                killed for the purpose of examination 
                                or research; and</DELETED>
                                <DELETED>    (IV) the administration of 
                                a physical exam by a licensed 
                                veterinarian or physician conducted for 
                                the well-being of the individual great 
                                ape.</DELETED>
                        <DELETED>    (ii) Physical exam.--A physical 
                        exam conducted for the well-being of an 
                        individual great ape, as described in clause 
                        (i)(IV), may include the collection of 
                        biological samples to further the well-being of 
                        the individual great ape, the social group of 
                        the great ape, or the great ape 
                        species.</DELETED>
        <DELETED>    (4) Permanent retirement.--</DELETED>
                <DELETED>    (A) In general.--The term ``permanent 
                retirement'' means a situation in which--</DELETED>
                        <DELETED>    (i) a great ape is placed in a 
                        suitable sanctuary that will provide for the 
                        lifetime care of the great ape; and</DELETED>
                        <DELETED>    (ii) the great ape will no longer 
                        be used in invasive research.</DELETED>
                <DELETED>    (B) Exclusion.--The term ``permanent 
                retirement'' does not include euthanasia.</DELETED>
        <DELETED>    (5) Person.--The term ``person'' means--</DELETED>
                <DELETED>    (A) an individual, corporation, 
                partnership, trust, association, or any other private 
                or not-for-profit entity;</DELETED>
                <DELETED>    (B) any officer, employee, agent, 
                department, or instrumentality of the Federal 
                Government, a State, municipality, or political 
                subdivision of a State; or</DELETED>
                <DELETED>    (C) any other entity subject to the 
                jurisdiction of the United States.</DELETED>
        <DELETED>    (6) Suitable sanctuary.--The term ``suitable 
        sanctuary'' means--</DELETED>
                <DELETED>    (A) a sanctuary that meets or exceeds the 
                standards of care for chimpanzees held in the federally 
                supported sanctuary system, as defined in part 9 of 
                title 42, Code of Federal Regulations; or</DELETED>
                <DELETED>    (B) a wildlife sanctuary that is a 
                nonprofit organization that--</DELETED>
                        <DELETED>    (i) operates a place of refuge 
                        where abused, neglected, unwanted, impounded, 
                        abandoned, orphaned, displaced, or retired 
                        animals are provided care for the lifetime of 
                        the animal;</DELETED>
                        <DELETED>    (ii) does not conduct invasive 
                        research on animals;</DELETED>
                        <DELETED>    (iii) does not conduct any 
                        commercial activity with animals, including, at 
                        a minimum, sale, trade, auction, lease, or loan 
                        of animals or animal parts, or use of animals 
                        in any manner in a for-profit business or 
                        operation;</DELETED>
                        <DELETED>    (iv) does not use animals for 
                        entertainment purposes or in a traveling 
                        exhibit;</DELETED>
                        <DELETED>    (v) does not breed any animals, 
                        whether intentionally or by failing to use 
                        adequate birth control methods; and</DELETED>
                        <DELETED>    (vi) does not allow members of the 
                        public the opportunity to come into physical 
                        contact with the animals.</DELETED>

<DELETED>SEC. 4. PROHIBITIONS.</DELETED>

<DELETED>    (a) Invasive Research Prohibited.--No person shall conduct 
invasive research on a great ape.</DELETED>
<DELETED>    (b) Housing for Invasive Research Prohibited.--No person 
shall possess, maintain, or house a great ape for the purpose of 
conducting invasive research.</DELETED>
<DELETED>    (c) Federal Funding for Invasive Research Prohibited.--No 
Federal funds may be used to conduct invasive research on a great ape 
or to support an entity conducting or facilitating invasive research on 
a great ape either within or outside of the United States.</DELETED>
<DELETED>    (d) Breeding for Invasive Research Prohibited.--No person 
shall knowingly breed a great ape for the purpose of conducting or 
facilitating invasive research.</DELETED>
<DELETED>    (e) Transport for Invasive Research Prohibited.--No person 
shall transport, move, deliver, receive, lease, rent, donate, purchase, 
sell, or borrow a great ape in interstate or foreign commerce for the 
purpose of conducting or facilitating invasive research on a great 
ape.</DELETED>
<DELETED>    (f) Transfer of Ownership Prohibited.--No Federal agency 
may transfer ownership of a great ape to a non-Federal entity unless 
the entity is a suitable sanctuary.</DELETED>
<DELETED>    (g) Exemption.--Nothing in this Act limits or prevents 
individualized medical care performed on a great ape by a licensed 
veterinarian or physician for the well-being of the great ape, 
including surgical procedures or chemical treatments for birth 
control.</DELETED>

<DELETED>SEC. 5. RETIREMENT.</DELETED>

<DELETED>    Notwithstanding any other provision of law, not later than 
3 years after the date of enactment of this Act, the Secretary of 
Health and Human Services shall effectuate the permanent retirement of 
all great apes owned by the Federal Government that are being 
maintained in any facility for the purpose of breeding for, holding 
for, or conducting invasive research.</DELETED>

<DELETED>SEC. 6. CIVIL PENALTIES.</DELETED>

<DELETED>    (a) In General.--In addition to any other penalties that 
may apply under law, any person who violates any provision of this Act 
shall be assessed a civil penalty of not more than $10,000 for each 
violation.</DELETED>
<DELETED>    (b) Multiple Violations.--Each day that a violation of 
this Act continues shall constitute a separate offense.</DELETED>

<DELETED>SEC. 7. GREAT APE SANCTUARY SYSTEM FUND.</DELETED>

<DELETED>    (a) Establishment of Fund.--There is established in the 
Treasury of the United States a fund to be known as the ``Great Ape 
Sanctuary System Fund'' (referred to in this section as the ``Fund''), 
to be administered by the Secretary of Health and Human Services, to be 
available without fiscal year limitation and not subject to 
appropriation, for construction, renovation, and operation of the 
sanctuary system established pursuant to section 481C of the Public 
Health Service Act (42 U.S.C. 287a-3a).</DELETED>
<DELETED>    (b) Transfers to Fund.--</DELETED>
        <DELETED>    (1) In general.--The Fund shall consist of--
        </DELETED>
                <DELETED>    (A) such amounts as are appropriated to 
                the Fund under paragraph (2); and</DELETED>
                <DELETED>    (B) such other amounts as are appropriated 
                to the Fund under this Act.</DELETED>
        <DELETED>    (2) Civil penalties.--There are appropriated to 
        the Fund, out of funds of the Treasury not otherwise 
        appropriated, amounts equivalent to amounts collected as 
        penalties and received in the Treasury under section 
        6.</DELETED>
<DELETED>    (c) Prohibition.--Amounts in the Fund may not be made 
available for any purpose other than a purpose described in subsection 
(a).</DELETED>
<DELETED>    (d) Annual Reports.--</DELETED>
        <DELETED>    (1) In general.--Not later than 60 days after the 
        end of each fiscal year beginning with fiscal year 2012, the 
        Secretary of Health and Human Services shall submit to the 
        appropriate committees of Congress a report on the operation of 
        the Fund during the fiscal year.</DELETED>
        <DELETED>    (2) Contents.--Each report shall include, for the 
        fiscal year covered by the report, the following:</DELETED>
                <DELETED>    (A) A statement of the amounts deposited 
                into the Fund.</DELETED>
                <DELETED>    (B) A description of the expenditures made 
                from the Fund for the fiscal year, including the 
                purpose of the expenditures.</DELETED>
                <DELETED>    (C) Recommendations for additional 
                authorities to fulfill the purpose of the 
                Fund.</DELETED>
                <DELETED>    (D) A statement of the balance remaining 
                in the Fund at the end of the fiscal year.</DELETED>

<DELETED>SEC. 8. EFFECTIVE DATES.</DELETED>

<DELETED>    (a) Prohibition on Research.--The prohibition under 
section (4)(a) shall take effect--</DELETED>
        <DELETED>    (1) on the date that is 3 years after the date of 
        enactment of this Act for great apes assigned to an active 
        protocol on the date of enactment of this Act; or</DELETED>
        <DELETED>    (2) on the date of enactment of this Act for great 
        apes not assigned to an active protocol on that date.</DELETED>
<DELETED>    (b) Prohibition on Housing and Funding.--The prohibitions 
under subsections (b) and (c) of section 4 shall take effect on the 
date that is 3 years after the date of enactment of this Act.</DELETED>
<DELETED>    (c) Other Requirements.--Any provision of this Act for 
which a specific effective date is not provided shall take effect on 
the date of enactment of this Act.</DELETED>

<DELETED>SEC. 9. SEVERABILITY.</DELETED>

<DELETED>    In the event that any provision of this Act shall, for any 
reason, be held to be invalid or unenforceable in any respect, such 
invalidity or unenforceability shall not affect any other provision of 
this Act, and this Act shall be construed as if the invalid or 
unenforceable provision had never been included in this Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Great Ape Protection and Cost 
Savings Act of 2012''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) chimpanzees are the only great apes currently used in 
        invasive research in the United States;
            (2)(A) as of the date of introduction of this Act, there 
        are approximately 1,000 chimpanzees housed in laboratories in 
        the United States;
            (B) more than \1/2\ of these chimpanzees are owned by the 
        Federal Government; and
            (C) the vast majority are financially supported by the 
        Federal Government;
            (3) great apes are highly intelligent and social animals;
            (4) research laboratory environments involving invasive 
        research cannot meet the complex physical, social, and 
        psychological needs of great apes;
            (5) invasive research performed on great apes, and the 
        breeding, housing, maintenance, and transport of great apes for 
        these purposes, are economic in nature and substantially affect 
        interstate commerce;
            (6) the Federal Government incurs significant costs 
        maintaining great apes in laboratories;
            (7) the National Research Council report entitled 
        ``Chimpanzees in Research--Strategies for their Ethical Care, 
        Management, and Use'' concluded that--
                    (A) there is a ``moral responsibility'' for the 
                long-term care of chimpanzees used for scientific 
                research;
                    (B) euthanasia should not be used as a means to 
                control the size of the great ape population;
                    (C) sanctuary animals require less intensive 
                management than animals in research facilities and 
                therefore entail lower costs of daily care; and
                    (D) sanctuaries offer an opportunity for 
                substantially reducing the costs of long-term 
                maintenance of chimpanzees without compromising high 
                standards of well-being; and
            (8) the Institute of Medicine and National Research Council 
        report entitled ``Chimpanzees in Biomedical and Behavioral 
        Research: Assessing the Necessity'' concluded that--
                    (A) while the chimpanzee has been a valuable animal 
                model in past research, most current use of chimpanzees 
                for biomedical research is unnecessary;
                    (B) chimpanzees are not necessary for research 
                relating to a Hepatitis C antiviral drug, respiratory 
                syncytial virus, future monoclonal antibodies 
                therapies, or a therapeutic Hepatitis C vaccine;
                    (C) the use of a combination of non-chimpanzee 
                methods for the development of monoclonal antibody 
                therapies may make research on the chimpanzee largely 
                unnecessary; and
                    (D) non-chimpanzee models, if further improved, may 
                reduce or obviate the need for the continued use of the 
                chimpanzee for prophylactic Hepatitis C vaccine 
                research.
    (b) Purposes.--The purposes of this Act are--
            (1) to phase out invasive research on great apes and the 
        use of Federal funding of that research, both within and 
        outside of the United States;
            (2) to prohibit the transport of great apes for purposes of 
        invasive research;
            (3) to prohibit the breeding of great apes for purposes of 
        invasive research; and
            (4) to require the provision of lifetime care for great 
        apes that are owned by or under the control of the Federal 
        Government in a suitable sanctuary through the permanent 
        retirement of the great apes.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Assigned to an active protocol.--The term ``assigned to 
        an active protocol'' means that a great ape is supported by, or 
        used pursuant to, public or private funding that requires 
        invasive research.
            (2) Debilitating.--The term ``debilitating'' means causing 
        major irreversible morbidity, including blindness, loss of 
        hearing, paralysis, or stroke.
            (3) Disease or disorder.--
                    (A) In general.--The term ``disease or disorder'' 
                means a life-threatening or debilitating clinical 
                condition in human beings.
                    (B) Exclusions.--The term ``disease or disorder'' 
                does not include a clinical condition in human beings 
                for which research on chimpanzees has been found to be 
                unnecessary by a Committee of the Institute of 
                Medicine.
            (4) Fund.--The term ``Fund'' means the Great Ape Sanctuary 
        System Fund established by section 8(a).
            (5) Great ape.--The term ``great ape'' means any individual 
        of the following species:
                    (A) Chimpanzee (Pan troglodytes).
                    (B) Bonobo (Pan paniscus).
                    (C) Gorilla (Gorilla gorilla or Gorilla beringei).
                    (D) Orangutan (Pongo pygmaeus or Pongo abelii).
                    (E) Gibbon (Family Hylobatidae).
            (6) Invasive research.--
                    (A) In general.--The term ``invasive research'' 
                means any research that may cause death, injury, pain, 
                distress, fear, or trauma to a great ape, including--
                            (i) the testing of any drug or intentional 
                        exposure to a substance that may be detrimental 
                        to the health or psychological well-being of a 
                        great ape;
                            (ii) research that involves penetrating or 
                        cutting the body or removing body parts, 
                        restraining, tranquilizing, or anesthetizing a 
                        great ape; and
                            (iii) isolation, social deprivation, or 
                        other experimental manipulations that may be 
                        detrimental to the health or psychological 
                        well-being of a great ape.
                    (B) Exclusions.--
                            (i) In general.--The term ``invasive 
                        research'' does not include--
                                    (I) close observation of natural or 
                                voluntary behavior of a great ape, if 
                                the research does not require an 
                                anesthetic or sedation event to collect 
                                data or record observations;
                                    (II) the temporary separation of a 
                                great ape from the social group of the 
                                great ape, leaving and returning by the 
                                own volition of the great ape;
                                    (III) post-mortem examination of a 
                                great ape that was not killed for the 
                                purpose of examination or research; and
                                    (IV) the administration of a 
                                physical exam by a licensed 
                                veterinarian or physician conducted for 
                                the well-being of the individual great 
                                ape.
                            (ii) Physical exam.--A physical exam 
                        conducted for the well-being of an individual 
                        great ape, as described in clause (i)(IV), may 
                        include the collection of biological samples or 
                        the implantation of monitoring devices 
                        previously approved by the Food and Drug 
                        Administration, subject to the condition that 
                        the collection or implantation is carried out 
                        to further the well-being of the individual 
                        great ape, the social group of the great ape, 
                        or the great ape species.
            (7) Monitoring device.--The term ``monitoring device'' 
        means a medical device that has been approved by the Food and 
        Drug Administration that collects data from an individual great 
        ape but does not dispense any drugs or harmful substances.
            (8) Permanent retirement.--
                    (A) In general.--The term ``permanent retirement'' 
                means a situation in which--
                            (i) a great ape is placed in a suitable 
                        sanctuary that will provide for the lifetime 
                        care of the great ape; and
                            (ii) the great ape will no longer be used 
                        in invasive research.
                    (B) Exclusion.--The term ``permanent retirement'' 
                does not include euthanasia.
            (9) Person.--The term ``person'' means--
                    (A) an individual, corporation, partnership, trust, 
                association, or any other private or not-for-profit 
                entity;
                    (B) any officer, employee, agent, department, or 
                instrumentality of the Federal Government, a State, 
                municipality, or political subdivision of a State; or
                    (C) any other entity subject to the jurisdiction of 
                the United States.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (11) Suitable sanctuary.--The term ``suitable sanctuary'' 
        means--
                    (A) a sanctuary that meets or exceeds the standards 
                of care for chimpanzees held in the federally supported 
                sanctuary system, as defined in part 9 of title 42, 
                Code of Federal Regulations; or
                    (B) a wildlife sanctuary that is a nonprofit 
                organization that--
                            (i) operates a place of refuge where 
                        abused, neglected, unwanted, impounded, 
                        abandoned, orphaned, displaced, or retired 
                        animals are provided care for the lifetime of 
                        the animal;
                            (ii) does not conduct invasive research on 
                        animals;
                            (iii) does not conduct any commercial 
                        activity with animals, including, at a minimum, 
                        the sale, trade, auction, lease, or loan of 
                        animals or animal parts, or use of animals in 
                        any manner in a for-profit business or 
                        operation;
                            (iv) does not use animals for entertainment 
                        purposes or in a traveling exhibit;
                            (v) does not breed any animals, whether 
                        intentionally or by failing to use adequate 
                        birth control methods; and
                            (vi) does not allow members of the public 
                        the opportunity to come into physical contact 
                        with the animals.
            (12) Task force.--The term ``Task Force'' means the Great 
        Ape Research Task Force established under section 5(b).

SEC. 4. PROHIBITIONS.

    (a) Invasive Research Prohibited.--No person shall conduct invasive 
research on a great ape.
    (b) Housing for Invasive Research Prohibited.--No person shall 
possess, maintain, or house a great ape for the purpose of conducting 
invasive research.
    (c) Federal Funding for Invasive Research Prohibited.--No Federal 
funds may be used to conduct invasive research on a great ape or to 
support an entity conducting or facilitating invasive research on a 
great ape either within or outside of the United States.
    (d) Breeding for Invasive Research Prohibited.--No person shall 
knowingly breed a great ape for the purpose of conducting or 
facilitating invasive research.
    (e) Transport for Invasive Research Prohibited.--No person shall 
transport, move, deliver, receive, lease, rent, donate, purchase, sell, 
or borrow a great ape in interstate or foreign commerce for the purpose 
of conducting or facilitating invasive research on a great ape.
    (f) Transfer of Ownership Prohibited.--No Federal agency may 
transfer ownership of a great ape to a non-Federal entity unless the 
entity is a suitable sanctuary.
    (g) Exemption.--Nothing in this Act limits or prevents 
individualized medical care performed on a great ape by a licensed 
veterinarian or physician for the well-being of the great ape, 
including surgical procedures or chemical treatments for birth control.

SEC. 5. INVASIVE RESEARCH TO ADDRESS HUMAN HEALTH THREATS.

    (a) In General.--If at any time beginning on the date that is 3 
years after the date of enactment of this Act, the Secretary finds, 
based on the best available scientific evidence, that a new, emerging, 
or reemerging disease or disorder presents a challenge to treatment, 
prevention, or control that defies non-great ape models and 
technologies and, as a result, the use of great apes for research may 
be required, the Secretary shall publish that preliminary finding in 
the Federal Register.
    (b) Great Ape Research Task Force.--
            (1) In general.--Notwithstanding section 4, if the 
        Secretary determines under subsection (a) that the use of 
        invasive research on great apes may be necessary, the Secretary 
        shall convene the Great Ape Research Task Force, which shall 
        consist of--
                    (A) the Secretary;
                    (B) the Director of the National Institutes of 
                Health;
                    (C) the Secretary of Defense;
                    (D) the Secretary of the Interior;
                    (E) the President of the Institute of Medicine;
                    (F) the Chair of the Association of Zoos and 
                Aquariums Ape Taxon Advisory Group;
                    (G) an individual appointed by the Secretary with 
                scientific expertise in the use of great apes in areas 
                of research relating to the disease or disorder for 
                which the Task Force is considering authorizing 
                invasive research;
                    (H) an individual appointed by the Secretary with 
                scientific expertise in the use of research models that 
                do not use great apes in areas of research relating to 
                the disease or disorder for which the Task Force is 
                considering authorizing invasive research; and
                    (I) an individual appointed by the Secretary who is 
                a representative of an animal protection organization.
            (2) Duties.--
                    (A) In general.--The Task Force shall review 
                proposed research protocols and determine whether to 
                authorize invasive research on great apes.
                    (B) Consultation.--In reviewing proposed research 
                protocols, the Task Force shall consult with the Animal 
                Welfare Information Center established under section 
                13(e) of the Animal Welfare Act (7 U.S.C. 2143(e)).
            (3) Public participation.--The Secretary shall allow public 
        comment on any proposed research protocol prior to final 
        authorization by the Task Force.
            (4) Authorization.--After consideration of any public 
        comments submitted to the Task Force, the Task Force may issue 
        written authorization for a person to carry out an approved 
        research protocol for invasive research on a great ape in order 
        to prevent, control, or treat the new, emerging, or reemerging 
        disease or disorder for which the Secretary convenes the Task 
        Force, only if the Task Force determines based on the best 
        scientific evidence available that--
                    (A) for invasive research for biomedical purposes--
                            (i) there is no suitable model available 
                        other than great apes, such as in vitro, 
                        nonhuman, in vivo, or other models, for the 
                        research in question;
                            (ii) the research in question cannot be 
                        performed ethically on human subjects;
                            (iii) foregoing the use of great apes for 
                        the research in question will significantly 
                        slow or prevent important advancements to 
                        prevent, control, or treat life-threatening or 
                        debilitating conditions; and
                            (iv) the research has not already been 
                        found to be unnecessary by a committee of the 
                        Institute of Medicine; or
                    (B) for invasive research for comparative genomics 
                and behavioral studies--
                            (i) a study using great apes would provide 
                        otherwise unattainable insight into comparative 
                        genomics, normal and abnormal behavior, mental 
                        health, emotion, or cognition;
                            (ii) each experiment is performed on 
                        acquiescent animals, using techniques that are 
                        minimally invasive, and in a manner that 
                        minimizes pain and distress; and
                            (iii) the research has not already been 
                        found to be unnecessary by a committee of the 
                        Institute of Medicine.
            (5) Requirements.--If the Task Force authorizes the use of 
        great apes for invasive research under this section, the Task 
        Force shall require each person authorized to carry out the 
        research--
                    (A) to identify each individual great ape on which 
                research will be performed based on the prior medical 
                history of the great ape;
                    (B) to minimize the pain and physical or mental 
                harm or distress to the great ape resulting from the 
                research; and
                    (C) to maintain the great ape in ethologically 
                appropriate physical and social environments throughout 
                the course of the authorized research protocol.
            (6) Nonapplicability of faca.--The Federal Advisory 
        Committee Act (5 U.S.C. App.) shall not apply to the Task 
        Force.
    (c) Limitation.--A person conducting invasive research pursuant to 
a written authorization issued under subsection (b)(4) shall be exempt 
from the prohibitions under section 4.
    (d) Effect.--Nothing in this section authorizes research to be 
conducted on a great ape retired pursuant to the Chimpanzee Health 
Improvement, Maintenance, and Protection Act (Public Law 106-551; 114 
Stat. 2752) or the Chimp Haven is Home Act (Public Law 110-170; 121 
Stat. 2465).
    (e) Report.--
            (1) In general.--The Secretary shall submit to Congress a 
        report detailing the findings and recommendations of the 
        Working Group on the Use of Chimpanzees in NIH-Supported 
        Research of the Council of Councils of the National Institutes 
        of Health.
            (2) Inclusions.--The report shall include any legislative 
        recommendations relating to the Task Force and the requirements 
        of this section that are necessary to ensure consistency with 
        the recommendations of the working group described in paragraph 
        (1).
    (f) Authority.--The Secretary may promulgate regulations to carry 
out the findings and recommendations of the working group described in 
subsection (e)(1) and the requirements of this section in a manner 
consistent with this Act.

SEC. 6. RETIREMENT.

    (a) In General.--Notwithstanding any other provision of law, not 
later than 3 years after the date of enactment of this Act, the 
Secretary shall effectuate the permanent retirement of all great apes 
owned by the Federal Government that are being maintained in any 
facility for the purpose of breeding for, holding for, or conducting 
invasive research.
    (b) Invasive Research.--A federally owned great ape that is 
selected for invasive research under section 5 shall be returned to a 
suitable sanctuary immediately after the research is concluded.

SEC. 7. CIVIL PENALTIES.

    (a) In General.--In addition to any other penalties that may apply 
under law, any person who violates any provision of this Act shall be 
assessed a civil penalty of not more than $10,000 for each violation.
    (b) Multiple Violations.--Each day that a violation of this Act 
continues shall constitute a separate offense.

SEC. 8. GREAT APE SANCTUARY SYSTEM FUND.

    (a) Establishment of Fund.--There is established in the Treasury of 
the United States a fund to be known as the ``Great Ape Sanctuary 
System Fund'', to be administered by the Secretary, to be available 
without fiscal year limitation and not subject to appropriation, for 
construction, renovation, and operation of the sanctuary system 
established pursuant to section 404K of the Public Health Service Act 
(42 U.S.C. 283m).
    (b) Transfers to Fund.--
            (1) In general.--The Fund shall consist of--
                    (A) such amounts as are appropriated to the Fund 
                under paragraph (2); and
                    (B) such other amounts as are appropriated to the 
                Fund under this Act.
            (2) Civil penalties.--There are authorized to be 
        appropriated to the Fund, out of funds of the Treasury not 
        otherwise appropriated, amounts equivalent to amounts collected 
        as penalties and received in the Treasury under section 7.
    (c) Prohibition.--Amounts in the Fund may not be made available for 
any purpose other than a purpose described in subsection (a).
    (d) Annual Reports.--
            (1) In general.--Not later than 60 days after the end of 
        each fiscal year beginning with fiscal year 2013, the Secretary 
        shall submit to the appropriate committees of Congress a report 
        on the operation of the Fund during the fiscal year.
            (2) Contents.--Each report shall include, for the fiscal 
        year covered by the report--
                    (A) a statement of the amounts deposited into the 
                Fund;
                    (B) a description of the expenditures made from the 
                Fund for the fiscal year, including the purpose of the 
                expenditures;
                    (C) recommendations for additional authorities to 
                fulfill the purpose of the Fund; and
                    (D) a statement of the balance remaining in the 
                Fund at the end of the fiscal year.

SEC. 9. EFFECTIVE DATES.

    (a) Prohibition on Research.--The prohibition under section (4)(a) 
takes effect--
            (1) on the date that is 3 years after the date of enactment 
        of this Act for great apes assigned to an active protocol as of 
        the date of enactment of this Act; or
            (2) on the date of enactment of this Act for great apes not 
        assigned to an active protocol as of that date.
    (b) Prohibition on Housing and Funding.--The prohibitions under 
subsections (b) and (c) of section 4 take effect on the date that is 3 
years after the date of enactment of this Act.
    (c) Other Requirements.--Any provision of this Act for which a 
specific effective date is not provided takes effect on the date of 
enactment of this Act.

SEC. 10. SEVERABILITY.

    In the event that any provision of this Act is, for any reason, be 
held to be invalid or unenforceable in any respect, the invalidity or 
unenforceability shall not affect any other provision of this Act, and 
this Act shall be construed as if the invalid or unenforceable 
provision had never been included in this Act.
                                                       Calendar No. 557

112th CONGRESS

  2d Session

                                 S. 810

                          [Report No. 112-242]

_______________________________________________________________________

                                 A BILL

To prohibit the conducting of invasive research on great apes, and for 
                            other purposes.

_______________________________________________________________________

                           November 30, 2012

                       Reported with an amendment