[Congressional Record Volume 146, Number 134 (Tuesday, October 24, 2000)]
[House]
[Pages H10550-H10554]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     CHIMPANZEE HEALTH IMPROVEMENT, MAINTENANCE, AND PROTECTION ACT

  Mr. GREENWOOD. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3514) 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, as amended.
  The Clerk read as follows:

                               H.R. 3514

       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

[[Page H10551]]

     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.

[[Page H10552]]

       ``(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.

  The SPEAKER pro tempore. Pursuant to the rule the gentleman from 
Pennsylvania (Mr. Greenwood) and the gentleman from Texas (Mr. Hall) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania (Mr. Greenwood).


                             General Leave

  Mr. GREENWOOD. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on the bill now under 
consideration, H.R. 3514.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  Mr. GREENWOOD. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 3514 is the Chimpanzee Health Improvement, 
Maintenance, and Protection Act. It has 139 bipartisan supporters.
  Mr. Speaker, I am a member of the Committee on Commerce, and the 
Committee on Commerce has jurisdiction over the National Institutes of 
Health. The NIH is the world's premier biomedical research facility in 
the world. Because the chimpanzee is the closest genetic relative to 
humans, it has long been used as a model for physiological, biomedical, 
and behavioral research. We all remember in the early days of the space 
program the chimpanzee, Ham, pioneering space travel before we dared to 
allow humans to do that. We would not have a space program if it had 
not been for the contributions of the chimpanzees in the program.
  When the AIDS epidemic became apparent to researchers, since we had 
stopped the practice of importing chimpanzees, the NIH went on a crash 
program to breed chimpanzees, on the assumption that the chimpanzee, 
being so closely related to humans genetically, would be the perfect 
model to study AIDS and HIV and could be used as a means to do research 
to find cures. It turns out that the chimpanzee was not a good model 
for HIV and AIDS. It did not contract the disease so readily. And as a 
result, we now have on our hands 1,700 surplus chimpanzees, 1,700 
chimpanzees living in six research centers throughout the country.
  Often these chimpanzees, which are intelligent animals with emotions 
and social groupings, live in cramped cages without any social contact 
at all. It is expensive to do this, Mr. Speaker. It costs the taxpayers 
about $7.5 million a year to keep these animals in these conditions. 
The legislation that is before us will create a new public-private 
partnership to create sanctuaries where these chimpanzees, who are no 
longer needed for research, can spend the remainder of their lives, and 
they often live to be 60 years of age, in humane sanctuaries where they 
can live in social groupings and in humane and healthy conditions.
  I first became aware of this issue from the work of Dr. Jane Goodall. 
We all remember Dr. Jane Goodall from the National Geographic special. 
She was the pioneer researcher living in the field amongst the 
chimpanzees and learning to understand them and all of the nuances of 
their behavior. Dr. Jane Goodall is practically a saint, as far as I am 
concerned. She is a wonderful, gentle, thoughtful person who recognized 
that these creatures deserve far better from us than they are 
receiving, and so she suggested this notion that we create these 
sanctuaries and she has

[[Page H10553]]

offered to help to raise the funds to meet the private sector side of 
this.
  As she said, when she testified before our committee in May, 
``Instead of expending research dollars to warehouse chimpanzees, 
sometimes for decades, retiring chimpanzees to a sanctuary will be a 
humane alternative that also frees financial resources that can better 
be used to find cures for human ailments.'' Mr. Speaker, this 
legislation will save the taxpayers, it is estimated, about $3 million 
per year. So it is not only the humane thing to do, it is also the 
cost-effective thing to do.
  I would like to thank some folks who worked very hard to get this 
legislation before us today. Tina Nelson is my constituent from Bucks 
County, Pennsylvania. She is the Executive Director of the American 
Anti-Vivisection Society. I would also like to thank the National 
Chimpanzee Sanctuary Task Force, the ASPCA, the NAVS, the SAPL, and the 
Humane Society of the United States, whose collective membership 
represents 8 million members.
  I would also like to thank their staff, Joyce Cowan, Adam Roberts, 
Chris Heyde, Mimi Brody and Marianne Radziewicz, and Nandan Kenkeremath 
of the Committee on Commerce staff, as well as my former staff member, 
Mara Garducci, who started work on this, and Joel White, who completed 
the task.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HALL of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. HALL of Texas asked and was given permission to revise and 
extend his remarks.)
  Mr. HALL of Texas. Mr. Speaker, I rise in support of H.R. 3514, the 
Chimpanzee Health Improvement, Maintenance, and Protection Act. I am 
one of over 140 of the gentleman's cosponsors. The author has done a 
great job of gaining and garnering support and ushering it through.
  Mr. Speaker, this directs HHS to establish and maintain a sanctuary 
system for the lifetime care of chimpanzees that have been used, bred 
for, or purchased for research conducted or supported by the National 
Institutes of Health, the Food and Drug Administration or other 
agencies in the Federal Government.

                              {time}  1215

  Although many of these surplus chimpanzees have hepatitis and HIV 
infections and are a danger to uninfected animals as well as their 
caretakers, H.R. 3514 provides, I think, the highest level of 
veterinary expertise for these retired animals. It establishes 
sanctuaries and does a lot of other things. But basically, it provides 
chimpanzees with housing and a protected environment that is sensitive 
to their social needs along with the long-term health care and all 
needed medications. It is the right thing to do. It is also an 
excellent animal model for future health care legislation for all 
American citizens.
  While I rise in support of this bill today, I also look forward to 
working on more equitable public health policies for our Nation's 
citizens in the 107th Congress.
  I salute and support the gentleman from Pennsylvania (Mr. Greenwood). 
He has done a good job with this. It is a humane bill. It is one of the 
few things that this body does that really ought to be done for a group 
who have no lobby. He has done a great job. I am honored to be a part 
of it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GREENWOOD. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I thank the gentleman from Texas (Mr. Hall) for his kind 
remarks and for his help in this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HALL of Texas. Mr. Speaker, I yield such time as he may consume 
to the gentleman from Washington (Mr. Baird).
  Mr. BAIRD. Mr. Speaker, I rise very briefly to commend the sponsor of 
the legislation.
  Before coming to Congress, I was a clinical psychologist. In 
psychology we make extensive use of chimpanzees and other primates in 
research, and it is incumbent upon us to care for the animals that 
serve us well in providing research and critical data to advance human 
health.
  I want to commend the sponsor of the bill and other cosponsors of 
this critical piece of legislation, and I urge its passage.
  Mr. DINGELL. Mr. Speaker, I rise in reluctant support of H.R. 3514, 
the Chimpanzee Health Improvement, Maintenance and Protection Act. I 
say reluctant because this bill is still not supported by the 
Administration, which has raised a number of concerns. I include with 
my statement a letter to me from Dr. Ruth Kirschstein, Principal Deputy 
Director, National Institutes of Health (NIH).
  H.R. 3514, which is clearly well intended, will consume millions of 
dollars of funding from the Health and Human Services' (HHS) budget to 
establish and maintain a sanctuary system for the lifetime care of 
chimpanzees that have been used, bred for, or purchased for research 
conducted or supported by the NIH, the Food and Drug Administration, or 
other agencies of the Federal Government. H.R. 3514 has the support of 
many of my colleagues from both sides of the aisle.
  Many of these surplus chimpanzees have hepatitis and HIV infections, 
and are a danger to uninfected animals, as well as their caretakers. 
This bill establishes how the sanctuaries will be administered and 
operated through a partnership with a private, non-profit entity, that 
includes the highest level of veterinary expertise. It also sets forth 
guidelines for the care of these animals and the limited conditions 
under which they can be returned to research. Whether chimpanzees not 
used in Federally-funded research should be accepted into the 
sanctuaries is somewhat controversial, but it is permissible under this 
bill.
  Beyond the humane intentions of this bill on behalf of these surplus 
chimpanzees, I am concerned about the message we are sending to the 
American people about our priorities in the waning days of the 106th 
Congress. Many important public health issues before this Congress 
languish. These include: enactment of a real Patients' Bill of Rights; 
restoration of federal jurisdiction to control tobacco use by America's 
children; access to prescription drugs for senior citizens; long-term 
care for the elderly; access for America's children with rare or 
serious health problems to pediatric specialists, medications and 
clinical trials; adequate protection for human research subjects; 
protection from genetic discrimination by health insurers and 
employers; and enhanced protection of confidential medical records.
  Providing chimpanzees with housing in a protected environment that is 
sensitive to their social needs, along with long-term health care and 
medications, is all well and good for the chimps. However, America's 
human citizens also deserve these benefits. It is time for this 
Congress to examine the public health policies it is legislating for 
animals, such as the comprehensive facilities for the one-to-two 
thousand surplus chimpanzees that are covered by H.R. 3514, and use 
them as models for caring for our most valued resource, America's human 
citizens.
  I respect the valuable contribution to science made by our 
evolutionary forebears. The majority has given new meaning to the 
notion of incremental reform. Perhaps we can do for humans in the 107th 
Congress what we will do for chimps in the 106th.

         Department of Health and Human Services, Public Health 
           Service,
                                   Bethesda, MD, October 16, 2000.
     Hon. John D. Dingell,
     Committee on Commerce, House of Representatives, Washington, 
         DC.
       Dear Mr. Dingell: I am writing to inform you of the impact 
     on the National Institutes of Health (NIH) of S. 2725 and 
     H.R. 3514, the Chimpanzee Health Improvement, Maintenance, 
     and Protection Act. The bills, which are substantially 
     similar, would require that NIH enter into a contract with a 
     nonprofit private entity for the purpose of operating a 
     sanctuary system for the long-term care of chimpanzees. A 
     sanctuary system, however well intentioned, could have 
     unintended consequences for both humans as well as the 
     chimpanzees it seeks to protect.
       The NIH is deeply committed to the care and well-being of 
     chimpanzees used in biomedical research. The chimpanzee has 
     been an essential, effective animal model for studying 
     several serious diseases, including hepatitis and respiratory 
     syncytial virus. This animal model has been a necessary and 
     valuable part of the NIH-supported efforts to prevent these 
     diseases and their serious, sometimes fatal consequences.
       The NIH is implementing a plan to provide long-term care 
     for 288 chimpanzees that are infected with human 
     immunodeficiency virus (HIV), hepatitis, or both. These 
     animals are not candidates for a sanctuary because their 
     persistent infections pose a significant health threat to 
     caretakers and uninfected animals. They also have unique 
     health care problems that require special care not generally 
     available in sanctuaries. Under the plan, these chimpanzees 
     may be returned to research, if the need arises. Thus, the 
     plan meets the needs of research, while providing humane care 
     for the animals.

[[Page H10554]]

       Any long-term care plan must ensure that chimpanzees may be 
     used, if necessary, in future biomedical research. S. 2725 
     and H.R. 3514 would prohibit any further research on 
     chimpanzees placed in the sanctuary. The NIH plan, however, 
     does allow animals to be returned to research if the need 
     arises. Biomedical research does not always proceed in a 
     simple, swift, and direct path. A drug may have been 
     discarded because it was not effective for a specific 
     disease, only to be found years later to be effective against 
     a different disease. At some future time, a scientist might 
     discover a vaccine for hepatitis C or a treatment that could 
     potentially eradicate HIV from an infected individual. It 
     would be very unfortunate if we did not have access to 
     animals with these long-term infections to assess new 
     treatments and vaccines. This could have a substantial 
     deleterious effect on the health of humans and chimpanzees. 
     For these reasons, we believe that permanent retirement of 
     these chimpanzees is unwise. In addition, providing permanent 
     retirement would represent poor stewardship in regard to the 
     already substantial investment in these animals by the NIH.
       Much time and considerable resources are required to 
     establish appropriate facilities for chimpanzees. At this 
     time, any long-term care plan should be limited to those 
     chimpanzees that have participated in research funded by the 
     NIH and the Public Health Service. Both S. 2725 and H.R. 3514 
     could potentially require that NIH expend resources to 
     provide long-term care for chimpanzees that participated in 
     research funded by the private sector or were used in other 
     ways, for example, by the entertainment industry.
       I appreciate your continued interest in the NIH and the 
     future of biomedical research. I would be pleased to provide 
     more information about our plan and to discuss any further 
     needs you might see in this area. We request that you delay 
     legislative action on this issue until we have had an 
     opportunity to discuss with Congress our proposed long-term 
     care plan for the chimpanzees.
       This letter is also being sent to Senators James M. 
     Jeffords and Edward M. Kennedy and Representative Tom Bliley, 
     Jr.
           Sincerely yours,
                                        Ruth L. Kirschstein, M.D.,
                                        Principal Deputy Director.

  Mrs. MALONEY of New York. Mr. Speaker, as an original sponsor of this 
important and humane legislation, I rise today in support of H.R. 3514 
which will provide a sanctuary for chimpanzees that are no longer 
needed for public research purposes. This is an issue that I have cared 
about for a long time and one which has required an enormous amount of 
effort to resolve.
  Currently, there are more than 1,700 apes in labs across the United 
States used for a variety of research purposes including infectious 
disease testing, AIDS research, spinal and brain injury research, and 
toxicity testing. Although scientists have been highly successful in 
breeding chimpanzees in captivity to meet their research needs, there 
has been no consideration of what to do with chimpanzees when they are 
no longer needed. Given the surplus of chimpanzees in captivity, the 
National Institutes of Health, which owns the title to many of these 
research chimpanzees, projects the divestiture of a large proportion of 
the chimpanzees from their facilities in the near future.
  Without this legislation, these retired chimps will continue to be 
housed in expensive facilities that provide marginal or inhumane care. 
One of the worst examples of these substandard facilities is the 
chimpanzee housing operated by the Coulston Foundation. Despite being 
cited for numerous violations of the Animal Welfare Act, Coulston 
retains many chimpanzees simply because there are no available 
alternatives. This bill will finally provide a safe home for these 
chimpanzees.
  Fortunately, this legislation will also help us care for surplus 
chimpanzees in a way that saves taxpayer resources. Currently, NIH is 
supporting approximately 600 chimpanzees at a cost of between $15 and 
$30 per day per ape. The U.S. Government spends at least $7.5 million 
annually to warehouse surplus chimpanzees in labs where they are no 
longer needed. These chimpanzees can be maintained in better 
environments at a far lower cost in a sanctuary setting that allows 
many chimpanzees to be stored together in a healthy and comfortable 
environment.
  For all these reasons, I strongly support this legislation and I urge 
its immediate passage.
  Mr. BROWN of Ohio. Mr. Speaker, I want to commend my colleague, Mr. 
Greenwood, for bringing Congressional attention to this issue. I'm 
pleased we are passing legislation that illustrates a sensitivity to 
and responsibility for chimpanzees after they are no longer needed for 
research. But I cannot understand how we are unable to demonstrate this 
level of responsiveness to Medicare beneficiaries or consumers of 
managed care plans who have asked us to address their concerns about 
health care. There is no excuse for adjourning Congress without a 
Medicare prescription drug benefit. There is no excuse for adjourning 
Congress without a Patients Bill of Rights. There is no excuse for 
adjourning without addressing the health care concerns that consume the 
daily lives of our constituents. This Congress is capable of doing more 
and I would urge us to pass this important bill as well as responsible 
health care legislation for the nation.
  Great work is being done in research with the use of animal subjects 
like Chimpanzees. Federal agencies including the NIH, CDC, FDA, and 
NASA rely on chimps for research. Chimps have proven to be an 
invaluable resource in the study of human diseases--breakthroughs in 
Hepatitis B and C can be attributed to research conducted with these 
primates. Ohio State University's Chimpanzee Center is expanding their 
17-year-old program on cognitive and behavioral research and building a 
new facility. They are very supportive of the need for the sanctuaries 
outlined in this legislation. In the mid-to-late eighties, the Federal 
Government launched a vigorous chimpanzee breeding program aimed at 
finding answers to the cause of AIDS.
  While these animals served us well in research that led to 
breakthrough medical treatments for many diseases, researchers 
discovered chimps were not a good model for AIDS research. As a result, 
there is a surplus of Chimps living with HIV that deserve our attention 
in their post-research existence. Today, chimps no longer needed for 
research are being housed in warehouses in laboratories throughout the 
nation at a price of $7 million annually. It costs $20-$30 per day per 
animal to house chimpanzees in laboratory cages. Some are living at a 
facility charged with gross negligence in their treatment of chimps.
  The passage of this bill would establish a cost-effective, public-
private partnership to create a sanctuary system to provide for the 
lifetime care of chimps. These sanctuaries would be staffed by trained 
professionals and overseen by a board of professionals with a thorough 
understanding of the medical needs of the chimps and the safety 
requirements of their caretakers. Not only will this provide a much 
higher quality of life for these animals, it will also serve taxpayers 
well, costing substantially less than the current laboratory 
facilities.
  This legislation has garnered overwhelming support from such diverse 
groups as the biomedical research community, zoological community, and 
the animal welfare groups. According to the National Academy of 
Sciences, National Research Council study, there are hundreds of 
chimpanzees currently sitting in small cages that will never and can 
never be used for research. There is a moral responsibility for the 
long-term care of chimpanzees that are used for our benefit in 
scientific research and today that responsibility is ours.
  While I am pleased we are passing legislation that illustrates a 
sensitivity to and responsibility for chimpanzees after they are no 
longer needed for research, I cannot understand why we are unable to 
demonstrate this level of responsiveness to Medicare beneficiaries or 
consumers of managed care plans who have asked us to address their 
concerns about health care.
  Mr. SHAYS. Mr. Speaker, as an original cosponsor of the CHIMP Act and 
a co-chair of the Congressional Friends of Animals Caucus, I rise in 
strong support of the bill today.
  The CHIMP Act will provide for a more cost-efficient way of caring 
for surplus chimpanzees, including those housed by the Coulston 
Foundation. The bill establishes a public-private partnership so that 
the cost of caring for these chimpanzees will be shared with private 
interests. This ensures the federal government saves money and the 
chimps are kept in a more humane environment. The CHIMP Act also calls 
for grouping chimpanzees in larger communities than laboratories 
allow--thereby reducing housing costs.
  Chimpanzees serve our needs in research that has led to breakthrough 
medical treatments for AIDS and other diseases. The animals live almost 
as long as humans and we must work to provide a humane and cost 
efficient environment for their retirement.
  Mr. Speaker, I urge my colleagues on both sides of the aisle to 
support this common sense legislation.
  Mr. HALL of Texas. Mr. Speaker, I yield back the balance of my time.
  Mr. GREENWOOD. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Pease). The question is on the motion 
offered by the gentleman from Pennsylvania (Mr. Greenwood) that the 
House suspend the rules and pass the bill, H.R. 3514, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________