[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3294 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 3294

To establish a program to assist in the importation and care of abused, 
                injured, or abandoned nonhuman primates.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2015

   Mrs. Ellmers of North Carolina (for herself, Mr. DeFazio, and Mr. 
Rooney of Florida) introduced the following bill; which was referred to 
                  the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To establish a program to assist in the importation and care of abused, 
                injured, or abandoned nonhuman primates.

    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 ``Sanctuary Regulatory Fairness Act of 
2015''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Nonhuman primates, such as chimpanzees, gorillas, 
        orangutans, macaques, and numerous other species, often face 
        abusive and cruel captive conditions in other countries.
            (2) There is growing evidence that, absent a suitable 
        humane alternative, these primates will remain or be placed in 
        other cruel captive conditions and face inhumane deaths in 
        areas outside the United States.
            (3) Regulations of the Centers for Disease Control and 
        Prevention allow importation of nonhuman primates only for 
        scientific, educational, or exhibition purposes and not for 
        humane lifetime shelter and care in appropriate primate 
        sanctuaries.
            (4) Many of these animals could be obtained by certified 
        primate sanctuaries in the United States and provided with 
        shelter and care for the remainder of their natural lives in a 
        species-appropriate, humane environment if allowed by law to be 
        imported for such purpose.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) The term ``certified primate sanctuary'' means a 
        primate sanctuary that has been certified by the Secretary 
        pursuant to section 4.
            (2) The term ``nonhuman primates'' means the species 
        included in the biological order Primates, except Homo sapiens.
            (3) The term ``primate sanctuary'' means a facility that--
                    (A) rescues and provides lifetime shelter and care 
                for animals that have been abused, injured, or 
                abandoned, or are otherwise in need;
                    (B) is an organization described in section 
                501(c)(3) of the Internal Revenue Code of 1986 and 
                exempt from tax under section 501(a) of such Code;
                    (C) does not commercially trade in any animals, 
                including animal parts, animal byproducts, and animal 
                offspring;
                    (D) does not intentionally breed or propagate 
                nonhuman primates;
                    (E) does not allow direct contact between the 
                public and nonhuman primates;
                    (F) does not allow unescorted public visitation at 
                the facility, except for discrete, nonintrusive 
                observation by individuals approved by the sanctuary;
                    (G) does not allow animals to be removed from the 
                facility, or from the animals' enclosures, for 
                exhibition or education; and
                    (H) does not conduct research on animals, except 
                where the facility determines that--
                            (i) the health and welfare of the animal 
                        involved is best served by participating in a 
                        treatment study; and
                            (ii) the facility reasonably believes that 
                        the outcome of the study will provide a 
                        tangible benefit to the animal involved.
            (4) The term ``Secretary'' means the Secretary of Health 
        and Human Services.

SEC. 4. IMPORTATION OF NONHUMAN PRIMATES.

    (a) In General.--Not later than 12 months after the date of 
enactment of this Act, the Secretary, consistent with section 361 of 
the Public Health Service Act (42 U.S.C. 264; relating to control of 
communicable diseases), shall promulgate a final rule revising section 
71.53(c) of title 42, Code of Federal Regulations, to expand the 
categories of uses for which nonhuman primates may be imported and 
distributed to include live nonhuman primates imported into the United 
States by a certified primate sanctuary for purposes of providing 
lifetime shelter and care.
    (b) Certification Process.--
            (1) Establishment.--The rule required by subsection (a) 
        shall establish a process under which the Secretary certifies 
        facilities as primate sanctuaries for purposes of the 
        importation, shelter, and care of nonhuman primates, as 
        described in subsection (a).
            (2) Criteria.--The Secretary shall require, as a condition 
        of such certification, that a facility--
                    (A) is a primate sanctuary, as defined in section 
                3; and
                    (B) satisfies any other criteria that--
                            (i) are determined to be appropriate by the 
                        Secretary; and
                            (ii) are consistent with the criteria 
                        specified in the definition of a primate 
                        sanctuary in section 3.
            (3) Applications.--To seek certification under this Act, a 
        primate sanctuary shall submit an application in such form, in 
        such manner, and containing such information as the Secretary 
        may require. Any information in an application for 
        certification under this Act shall be protected from disclosure 
        as provided in section 552(b)(4) of title 5, United States 
        Code.
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