[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.
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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.
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