[Senate Report 106-494]
[From the U.S. Government Publishing Office]
Calendar No. 944
106th Congress Report
SENATE
2d Session 106-494
======================================================================
CHIMPANZEE HEALTH IMPROVEMENT, MAINTENANCE AND PROTECTION ACT
_______
October 10 (legislative day, September 22), 2000.--Ordered to be
printed
_______
Mr. Jeffords, from the Committee on Health, Education, Labor, and
Pension, submitted the following
R E P O R T
[To accompany S. 2725]
The Committee on Health, Education, Labor, and Pensions, to
which was referred the bill (S. 2725) to provide for a system
of sanctuaries for chimpanzees that have been designated as
being no longer needed in research conducted or supported by
the Public Health Service, and for other purposes, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill (as amended) do pass.
CONTENTS
Page
I. Introduction.....................................................1
II. Summary and purpose..............................................3
III. Legislative history and committee action.........................4
IV. Cost estimate....................................................4
V. Regulatory impact statement......................................6
VI. Application of law to the legislative branch.....................6
VII. Section-by-section analysis......................................6
VIII.Changes in existing law..........................................8
I. Introduction
Each year, millions of Federal tax dollars pay for the care
of federally-sponsored research chimpanzees through funding to
the National Institutes of Health (NIH) and other federal
agencies.
In 1986, the NIH launched an initiative to breed
chimpanzees that, at the time, were thought to be useful models
for AIDS research. When the breeding program was initiated by
the NIH, little consideration was given to the long-term care
of chimpanzees as it was expected that these chimpanzees would
die prematurely from complications related to the research in
which they had been used. However, chimpanzees have not proved
as suitable a model as expected for AIDS research, and the
Federal Government is now faced with a surplus of several
hundred chimpanzees that are no longer useful in medical
research. These ``surplus'' chimpanzees are being warehoused in
expensive federally funded research laboratory facilities.
In 1994, the NIH asked the National Research Council to
provide NIH with advice on the future research needs involving
chimpanzees and options for the long term care and support of
chimpanzees in research. The National Research Council (NRC)
presented its recommendations to NIH in a 1997 report,
``Chimpanzees in Research: Strategies for Their Ethical Care,
Management, and Use.'' The report identifies chimpanzees no
longer needed for research, and states:
The concept of sanctuaries capable of providing for
the long-term care and well-being of chimpanzees that
are no longer needed for research and breeding should
become an integral component of the strategic plan to
achieve the best and most cost-effective solutions to
the current dilemma.
The report also considers and rejects the option of
euthanizing surplus chimpanzees, based on views strongly
conveyed to the NRC by members of the scientific community as
well as the public. ``Many members of the public and the
scientific community have called for continuing support for
chimpanzees in an acceptable environment, rather than
euthanizing them, even when they are no longer wanted for
breeding or research. The committee fully recognizes the
financial implication of this position in regard to lifetime
funding for all animals and for additional space and facilities
for an aging population.'' The report cites the close
similarities between chimpanzees and humans, noting that
``[t]here are practical as well as theoretical reasons to
reject euthanasia as a general policy. Some of the best and
most caring members of the support staff, such as veterinarians
and technicians would, for personal and emotional reasons, find
it impossible to function effectively in an atmosphere in which
euthanasia is a general policy, and might resign. A facility
that adopted such a policy could expect to lose some of its
best employees.''
S. 2725, the Chimpanzee Health Improvement, Maintenance,
and Protection Act (CHIMP Act), addresses many of the
recommendations included in the National Research Council
report. The committee has reviewed testimony on the CHIMP Act
and has found overwhelming support by members of the scientific
and academic communities, animal welfare organizations, Dr.
Jane Goodall, and others.
Estimates on the number of chimpanzees who would ultimately
be transferred to sanctuary facilities vary. The decision-
making control over how many and which chimpanzees to transfer
would rest, under the legislation, with those who currently
have chimpanzees in their facilities. According to the National
Research Council's report, the existing chimpanzee population
is well in excess of that required to meet current and
anticipated national research needs for at least five years.
NIH and other research facilities would decide how many
breeding chimps to retain for any unforeseen national
emergency. Even if the need for chimpanzees in research grows,
not all the chimpanzees that are currently maintained by NIH
will be appropriate for future research.
Several researchers have provided congressional testimony
about their interest in transferring chimpanzees no longer
needed for research to the sanctuary system contemplated by the
CHIMP Act. For example, Yerkes Regional Primate Research Center
in Atlanta reported that it has 75 chimpanzees ready to be
transferred to sanctuaries immediately, and the U.S. Air Force
retired 144 chimpanzees 2 years ago. The committee estimates
that between 200 and 800 chimpanzees could be transferred to
the sanctuary system envisioned by this legislation over the
next several years.
II. Summary and Purpose
The CHIMP Act will establish a sanctuary system for
chimpanzees no longer needed for research. Current chimpanzee
owners will transfer title of the animals to the sanctuary
system. Chimpanzees will only enter the sanctuary system when
their owners determine the chimpanzee to no longer be
appropriate for research (for example, due to advanced age or
infections).
The CHIMP Act provides a cost-effective solution to the
long term care needs of these chimpanzees. Sanctuary care for
animals requires less intensive management than animals in
research facilities, and therefore entails lower daily costs.
Sanctuaries also afford chimpanzees social interaction with one
another and provide a richer environment than laboratory
settings.
The CHIMP Act is designed to provide a cost-effective and
humane solution to the problem of surplus chimpanzees in
research. The National Research Council report estimates that
NIH currently spends between $20-$30 per day per chimpanzee on
care. Sanctuary care is estimated to cost between $8-$15 per
day per chimpanzee, at a considerable savings to taxpayers.
Sanctuary facilities are also two to three times less expensive
to build than laboratory facilities where surplus chimpanzees
are currently warehoused. For example, Primarily Primates, a
nonprofit sanctuary that houses retired Air Force chimpanzees,
recently constructed housing for 30 chimpanzees at a cost of
$750,000, or $25,000 per animal. In contrast, the New Iberia
Research Center at the University of Louisiana is building new
laboratory facilities to house 36 chimpanzees at a cost of $1.8
million plus $18,000 per cage, for a total of $2.448 million,
or $68,000 per animal.
The report states that the ``committee enthusiastically
supports the principal of retiring chimpanzees not needed for
research or breeding to a low-cost, high-quality life.'' The
committee further points out that ``[i]nnovative sanctuary
concepts and developmental plans are encouraged. These should
include less intensive management, low costs, and high quality
of life for animals no longer needed for research or
breeding.''
Finally, this legislation establishes a public/private
partnership, in which non-Federal dollars will help cover the
facility and operating costs associated with caring for the
chimpanzees. The committee urges prompt passage of the CHIMP
Act.
III. Legislative History and Committee Action
On June 13, 2000, Senators Smith (of New Hampshire),
Durbin, Kerrey, Lautenberg, and Jeffords introduced S. 2725,
the Chimpanzee Health Improvement, Maintenance and Protection
Act. On September 20, 2000, the Senate Committee on Health,
Education, Labor, and Pensions met in Executive Session to
consider Senate bill 2725, the Chimpanzee Health Improvement,
Maintenance and Protection Act. The bill was ordered reported
favorably by a unanimous voice vote.
IV. Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 6, 2000.
Hon. James M. Jeffords,
Chairman, Committee on Health, Education, Labor, and Pensions, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2725, the Chimpanzee
Health Improvement, Maintenance, and Protection Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Christopher
J. Topoleski.
Sincerely,
Steven Lieberman
(For Dan L. Crippen, Director).
Enclosure.
S. 2725--Chimpanzee Health Improvement, Maintenance, and Protection Act
Summary: The Chimpanzee Health Improvement, Maintenance,
and Protection Act would require the Secretary of the
Department of Health and Human Services (DHHS) to provide
lifetime care for ``permanently retired'' chimpanzees, defined
as chimpanzees that are no longer needed in research or captive
breeding programs conducted or supported by federal agencies.
The legislation would authorize the construction of a long-
term care sanctuary through a contract between DHHS and a
private, nonprofit entity. This entity would be required to pay
for 10 percent of construction costs and 25 percent of the
costs of caring for the chimpanzees. The sanctuary would accept
both chimpanzees currently owned or supported by the federal
government, and nonfederal chimpanzees if facilities permit. In
the latter case, the Secretary may determine and impose an
entrance fee for acceptance of the animal.
Assuming the appropriation of the necessary amounts, CBO
estimates that implementing S. 2725 would cost $11 million in
2001 and $2 million over the 2001-2005 period. The legislation
would not affect direct spending or receipts; therefore, pay-
as-you-go procedures would not apply.
S. 2725 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would not affect the budgets of state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 2725 is shown in the following table.
The costs of this legislation fall primarily within budget
function 550 (health).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------
2000 2001 2002 2003 2004 2005
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law:
Estimated Authorization Level \1\....................... 7 7 7 7 7 7
Estimated Outlays....................................... 7 7 7 7 7 7
Proposed Changes:
New Sanctuary Spending:
Estimated Authorization Level........................... 0 16 0 0 0 0
Estimated Outlays....................................... 0 11 5 0 0 0
Care and Maintenance:
Estimated Authorization Level........................... 0 0 2 3 3 3
Estimated Outlays....................................... 0 0 2 3 3 3
Elimination of Current Spending:
Estimated Authorization Level........................... 0 0 -4 -7 -7 -7
Estimated Outlays....................................... 0 0 -4 -7 -7 -7
Net Changes:
Estimated Authorization Level........................... 0 16 -2 -4 -4 -3
Estimated Outlays....................................... 0 11 2 -4 -4 -3
Spending Under S. 2725:
Estimated Authorization Level............................... 7 23 5 3 3 3
Estimated Outlays........................................... 7 19 9 3 3 3
----------------------------------------------------------------------------------------------------------------
\1\ The 2000 level is the amount appropriated for that year for the agencies that would be affected by S. 2725.
The 2001-2005 levels are CBO baseline projections.
Note.--Numbers may not sum to totals because of rounding.
Basis of estimate: For this estimate, CBO assumes that the
bill will be enacted early in fiscal year 2001, and that
outlays will follow historical spending rates for the relevant
agencies for the authorized activities. CBO based its estimates
on amounts spent in the past for the caring of chimpanzees in
government facilities and on discussions with individuals
familiar with the care of primates in a sanctuary setting. The
costs of sanctuary construction and the care and maintenance of
surplus chimpanzees would be primarily funded by the federal
government, with a provision in the legislation requiring a
match by the private nonprofit entity awarded the contract to
care for the animals. The contract holder would be responsible
for 10 percent of the cost of facility construction and 25
percent of the cost of routine care and maintenance of the
chimpanzees.
The legislation also would allow the Secretary of DHHS to
withhold appropriated funds in a reserve account not to exceed
a total reserve of $30 million. However, it is unclear as to
what activities this cap would apply.
Currently, the federal government pays for the care of
almost 1,500 chimpanzees either purchased or bred for research.
Of this amount, CBO estimates that over 750 animals would be
potential candidates for long-term sanctuary care. This figure
assumes retirement of all animals that were used in research
and now pose a threat to public health, and almost one-half of
those no longer needed for breeding purposes or available for
research, but not currently in use. The remaining chimpanzees
would not be eligible because of their use in current research
projects, need in breeding programs, or need in maintaining an
adequate population of research subjects should a public health
crisis emerge. In addition, CBO estimates that new chimpanzees
would be added to the sanctuary each year as they were no
longer needed for research or breeding.
CBO estimates that the cost of caring for a chimpanzee in
an external sanctuary would be less expensive on a per capita
basis than if the government continued to house the animals in
federally owned and operated facilities. Therefore, the
government would realize savings in the care and maintenance of
the chimpanzees after 2002. However, facility construction
between 2001 and 2002 would be in addition to what is currently
spent as the animals are expected to remain in federal
facilities during this time. On balance, these factors imply an
increase in discretionary spending until construction is
completed--probably in 2002--and a net decrease in spending
after 2002. This estimate does not include the collection of
any fees, to be determined by the Secretary, that may be
imposed on the acceptance of chimpanzees into the sanctuary
system that are not federally owned.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: S. 2725
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
Estimate prepared by: Federal Costs: Christopher J.
Topoleski. Impact on State, Local, and Tribal Governments: Leo
Lex. Impact on the Private Sector: Bruce Vavrichek.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
V. Regulatory Impact Statement
The committee has determined that there will be minimal
increases in the regulatory burden imposed by this bill.
VI. Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 103-1, the Congressional
Accountability Act, requires a description of this bill to the
legislative branch. Senate bill 2725 would amend Title IV of
the Public Health Service Act, as amended, which provides
extramural grants through the National Institutes of Health to
universities and biomedical research organizations to improve
the health of all Americans. This requirement would not apply
to the legislative branch.
VII. Section-by-Section Analysis
Section 2(a). Establishment of Federal sanctuary system
Establishes a national sanctuary system for federally owned
or supported chimpanzees that have been used, or were bred for
use, in research conducted or supported by the Public Health
Service or other Federal agencies and for which it has been
determined that the chimpanzees are no longer needed for
research.
Section 2(b). Administration of sanctuary system
Directs the Secretary of Health and Human Services to
implement the act in consultation with the nonprofit entity
established under section 2(e).
Section 2(c). Acceptance of chimpanzees into sanctuary system
Any surplus chimpanzee that is owned by the Federal
Government or that has been involved in federally supported
research will be accepted into the sanctuary system subject to
the capacity of the system. Chimpanzees not owned by the
Federal Government can be accepted also, subject to the
standards established under section 2(d) and space
availability.
Section 2(d). Sanctuary system standards
Within 180 days of enactment, the Secretary of Health and
Human Services will establish standards for operating the
sanctuary system based on recommendations from the nonprofit
entity established under section 2(e) and the National Research
Council's 1997 report, ``Chimpanzees in Research: Strategies
for their Ethical Care, Management, and Use.'' The CHIMP Act
prohibits the use of chimpanzees in the sanctuary system in
research except for nonivasive behavioral studies or medical
studies conducted during the course of normal veterinary care.
The standards shall include provisions for proper housing,
behavioral enrichment, and care in accordance with the Animal
Welfare Act. Chimpanzees in the sanctuary system shall be
prevented from breeding, shall have monitoring for their health
and potential threats to public health, and shall not be
subject to euthanasia except when determined to be in the
chimpanzee's own best interest.
This section also provides for acceptance into the
sanctuary system of chimpanzees not owned by the Federal
Government if the physical capacity of the system allows for
such additions, and authorizes collection of fees for
acceptance of such chimps.
Section 2(e). Operation of the sanctuary system
The Secretary will establish a nonprofit entity responsible
for operating the sanctuary system. The Secretary will appoint
a board of directors to the nonprofit entity with balanced
representation of experts in the fields of captive chimpanzee
science (including primate veterinary care), animal protection,
zoology, business management, laboratory animal medicine
accreditation, and biohazards containment to manage and oversee
the sanctuary system. The nonprofit entity is authorized to
award subcontracts or grants to individual qualified sanctuary
facilities that meet the national system's standards.
S. 2725 requires the nonprofit entity established in
section 2(e) to provide non-Federal contributions toward the
costs of establishing and operating the sanctuary system.
Specifically, the nonprofit entity will contribute 10 percent
of the costs of establishing the sanctuary system (i.e.,
startup construction costs) and 25 percent of the operating
costs associated with the sanctuary system (i.e., daily
maintenance costs). S. 2725 also directs the Secretary to
establish on a timely basis the nonprofit entity responsible
for operating the sanctuary system.
Section 2(g). Funding
S. 2725 authorizes up to $30 million to be made available
for the establishment and operation of the sanctuary system so
long as the amount appropriated for the Public Health Service
equals or exceeds the amount appropriated in fiscal year 1999.
The bill allows appropriators flexibility to provide the entire
$30 million in 1 year or over the course of several years.
Section 3. Report to Congress
The bill requires the Secretary to submit to Congress a
report providing the number of chimpanzees owned or supported
by the Federal Government with an accounting of user fees and
endowments associated with these chimpanzees.
VIII. Changes in Existing Law
In compliance with rule XXVI paragraph 12 of the Standing
Rules of the Senate, the following provides a print of the
statute or the part or section thereof to be amended or
replaced (existing law proposed to be omitted is enclosed in
black brackets, new matter is printed in italic, existing law
in which no change is proposed is shown in roman):
PUBLIC HEALTH SERVICE ACT
* * * * * * *
TITLE IV--NATIONAL RESEARCH INSTITUTES
Part A--National Institutes of Health
organization of the national institutes of health
Sec. 401. (a) * * *
* * * * * * *
Part E--Other Agencies of NIH
Subpart 1--National Center for Research Resources
general purpose
Sec. 480. (a)(1) * * *
* * * * * * *
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)(3), any chimpanzee that is not owned by the
Federal Government shall be accepted into the system if the
owner transfers to the sanctuary system title to the
chimpanzee.
(d) Standards for Permanent Retirement of Surplus
Chimpanzees.--
(1) In general.--Not later than 180 days after the
date of enactment of this 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 the National Research Council
applicable to surplus chimpanzees that are made in the
report published in 1997 and entitled ``Chimpanzees in
Research--Strategies for Their Ethical Care,
Management, and Use''.
(2) Chimpanzees accepted into system.--With respect
to chimpanzees that are accepted into the sanctuary
system, standards under paragraph (1) shall include the
following:
(A) A prohibition that the chimpanzees may
not be used for research. This subparagraph
does not prohibit noninvasive behavioral
studies of the chimpanzees, or medical studies
conducted during the course of normal
veterinary care that is provided for the
benefit of the chimpanzees.
(B) Provisions regarding the housing of the
chimpanzees.
(C) Provisions regarding the behavioral well-
being of the chimpanzees.
(D) A requirement that the chimpanzees be
cared for in accordance with the Animal Welfare
Act.
(E) A requirement that the chimpanzees be
prevented from breeding.
(F) A requirement that complete histories be
maintained on the health and use in research of
the chimpanzees.
(G) A requirement that the chimpanzees be
monitored for the purpose of promptly detecting
the presence in the chimpanzees of any
condition that may be a threat to the public
health or the health of other chimpanzees.
(H) A requirement that chimpanzees posing
such a threat be contained in accordance with
applicable recommendations of the Director of
the Centers for Disease Control and Prevention.
(I) A prohibition that none of the
chimpanzees may be subjected to euthanasia,
except as in the best interests of the
chimpanzee involved, as determined by the
system and an attending veterinarian.
(J) A prohibition that the chimpanzees may
not be discharged from the system.
(K) A provision that the Secretary may, in
the discretion of the Secretary, accept into
the system chimpanzees that are not surplus
chimpanzees.
(L) Such additional standards as the
Secretary determines to be appropriate.
(3) Non-federal chimpanzees offered for acceptance
into system.--With respect to a chimpanzee that is not
owned by the Federal Government and is offered for
acceptance into the sanctuary system, standards under
paragraph (1) shall include the following:
(A) A provision that the Secretary may
authorize the imposition of a fee for accepting
such chimpanzee into the system, except as
follows:
(i) Such a fee may not be imposed for
accepting the chimpanzee if, on the day
before the date of enactment of this
section, the chimpanzee was owned by
the nonprofit private entity that
receives the contract under subsection
(e) or by any individual qualified
sanctuary facility receiving a
subcontract or grant under subsection
(e)(1).
(ii) Such a fee may not be imposed
for accepting the chimpanzee if the
chimpanzee is owned by an entity that
operates a primate center, and if the
chimpanzee is housed in the primate
center pursuant to the program for
regional centers for research on
primates that is carried out by the
National Center for Research Resources.
Any fees collected under this subparagraph are
available to the Secretary for the costs of
operating the system. Any other fees received
by the Secretary for the long-term care of
chimpanzees (including any Federal fees that
are collected for such purpose and are
identified in the report under section 3) are
available for operating the system, in addition
to availability for such other purposes as may
be authorized for the use of the fees.
(B) A provision that the Secretary may deny
such chimpanzee acceptance into the system if
the capacity of the system is not sufficient to
accept the chimpanzee, taking into account the
physical capacity of the system; the financial
resources of the system; the number of
individuals serving as the staff of the system,
including the number of professional staff; the
necessity of providing for the safety of the
staff and of the public; the necessity of
caring for accepted chimpanzees in accordance
with the standards under paragraph (1); and
such other factors as may be appropriate.
(C) A provision that the Secretary may deny
such chimpanzee acceptance into the system if a
complete history of the health and use in
research of the chimpanzee is not available to
the Secretary.
(D) Such additional standards as the
Secretary determines to be appropriate.
(e) Award of Contract for Operation of System.--
(1) In general.--Subject to the availability of funds
pursuant to subsection (g), the Secretary shall make an
award of a contract to a nonprofit private entity under
which the entity has the responsibility of operating
(and establishing, as applicable) the sanctuary system
and awarding subcontracts or grants to individual
qualified sanctuary facilities that meet the standards
under subsection (d).
(2) Requirements.--The Secretary may make an award
under paragraph (1) to a nonprofit private entity only
if the entity meets the following requirements:
(A) The entity has a governing board of
directors that is composed and appointed in
accordance with paragraph (3) and is
satisfactory to the Secretary.
(B) The terms of service for members of such
board are in accordance with paragraph (3).
(C) The members of the board serve without
compensation. The members may be reimbursed for
travel, subsistence, and other necessary
expenses incurred in carrying out the duties of
the board.
(D) The entity has an executive director
meeting such requirements as the Secretary
determines to be appropriate.
(E) The entity makes the agreement described
in paragraph (4) (relating to non-Federal
contributions).
(F) The entity agrees to comply with
standards under subsection (d).
(G) The entity agrees to make necropsy
reports on chimpanzees in the sanctuary system
available on a reasonable basis to persons who
conduct biomedical or behavioral research, with
priority given to such persons who are Federal
employees or who receive financial support from
the Federal Government for research.
(H) Such other requirements as the Secretary
determines to be appropriate.
(3) Board of directors.--For purposes of
subparagraphs (A) and (B) of paragraph (2):
(A) The governing board of directors of the
nonprofit private entity involved is composed
and appointed in accordance with this paragraph
if the following conditions are met:
(i) Such board is composed of not
more than 13 voting members.
(ii) Such members include individuals
with expertise and experience in the
science of managing captive chimpanzees
(including primate veterinary care),
appointed from among individuals
endorsed by organizations that
represent individuals in such field.
(iii) Such members include
individuals with expertise and
experience in the field of animal
protection, appointed from among
individuals endorsed by organizations
that represent individuals in such
field.
(iv) Such members include individuals
with expertise and experience in the
zoological field (including behavioral
primatology), appointed from among
individuals endorsed by organizations
that represent individuals in such
field.
(v) Such members include individuals
with expertise and experience in the
field of the business and management of
nonprofit organizations, appointed from
among individuals endorsed by
organizations that represent
individuals in such field.
(vi) Such members include
representatives from entities that
provide accreditation in the field of
laboratory animal medicine.
(vii) Such members include
individuals with expertise and
experience in the field of containing
biohazards.
(viii) Such members include an
additional member who serves as the
chair of the board, appointed from
among individuals who have been
endorsed for purposes of clause (ii),
(iii), (iv), or (v).
(ix) None of the members of the board
has been fined for, or signed a consent
decree for, any violation of the Animal
Welfare Act.
(B) The terms of service for members of the
board of directors are in accordance with this
paragraph if the following conditions are met:
(i) The term of the chair of the
board is 3 years.
(ii) The initial members of the board
select, by a random method, 1 member
from each of the 6 fields specified in
subparagraph (A) to serve a term of 2
years and (in addition to the chair) 1
member from each of such fields to
serve a term of 3 years.
(iii) After the initial terms under
clause (ii) expire, each member of the
board (other than the chair) is
appointed to serve a term of 2 years.
(iv) An individual whose term of
service expires may be reappointed to
the board.
(v) A vacancy in the membership of
the board is filled in the manner in
which the original appointment was
made.
(vi) If a member of the board does
not serve the full term applicable to
the member, the individual appointed to
fill the resulting vacancy is appointed
for the remainder of the term of the
predecessor member.
(4) Requirement of matching funds.--The agreement
required in paragraph (2)(E) for a nonprofit private
entity (relating to the award of the contract under
paragraph (1)) is an agreement that, with respect to
the costs to be incurred by the entity in establishing
and operating the sanctuary system, the entity will
make available (directly or through donations from
public or private entities) non-Federal contributions
toward such costs, in cash or in kind, in an amount not
less than the following, as applicable:
(A) For expenses associated with establishing
the sanctuary system (as determined by the
Secretary), 10 percent of such costs ($1 for
each $9 of Federal funds provided under the
contract under paragraph (1)).
(B) For expenses associated with operating
the sanctuary system (as determined by the
Secretary), 25 percent of such costs ($1 for
each $3 of Federal funds provided under such
contract).
(5) Establishment of contract entity.--If the
Secretary determines that an entity meeting the
requirements of paragraph (2) does not exist, not later
than 60 days after the date of enactment of the
Chimpanzee Health Improvement, Maintenance and
Protection Act, the Secretary shall, for purposes of
paragraph (1), make a grant for the establishment of
such an entity, including paying the cost of
incorporating the entity under the law of one of the
States.
(f) Definitions.--For purposes of this section:
(1) Permanent retirement.--The term ``permanent
retirement'', with respect to a chimpanzee that has
been accepted into the sanctuary system, means that
under subsection (a), the system provides for the
lifetime care of the chimpanzee, that under subsection
(d)(2), the system does not permit the chimpanzee to be
used in research or to be euthanatized (except as
provided in subsection (d)(2)(I)), that under such
subsection the system will not discharge the chimpanzee
from the system, and that under such subsection the
system otherwise cares for the chimpanzee.
(2) Sanctuary system.--The term ``sanctuary system''
means the system described in subsection (a).
(3) Surplus chimpanzees.--The term ``surplus
chimpanzees'' has the meaning given that term in
subsection (a).
(g) Funding.--
(1) In general.--Of the amount appropriated under
this Act for fiscal year 2001 and each subsequent
fiscal year, the Secretary, subject to paragraph (2),
shall reserve a portion for purposes of the operation
(and establishment, as applicable) of the sanctuary
system and for purposes of paragraph (3), except that
the Secretary may not for such purposes reserve any
further funds from such amount after the aggregate
total of the funds so reserved for such fiscal years
reaches $30,000,000. The purposes for which funds
reserved under the preceding sentence may be expended
include the construction and renovation of facilities
for the sanctuary system.
(2) Limitation.--Funds may not be reserved for a
fiscal year under paragraph (1) unless the amount
appropriated under this Act for such year equals or
exceeds the amount appropriated under this Act for
fiscal year 1999.
(3) Use of funds for other compliant facilities.--
With respect to amounts reserved under paragraph (1)
for a fiscal year, the Secretary may, subject to the
approval of an entity that meets the requirements of
subsection (e)(2), use a portion of such amounts to
make awards of grants or contracts to public or private
entities operating facilities that provide for the
retirement of chimpanzees in accordance with the same
standards that apply to the sanctuary system pursuant
to regulations under subsection (d)(2). Such an award
may be expended for the expenses of operating the
facilities involved.