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Pub.L. 106-552 To redesignate the facility of the <> United States Postal Service located at 514 Express Center Road in Chicago, Illinois, as the ``J.T. Weeker Service Center''. ...


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[[Page 2751]]

     CHIMPANZEE HEALTH IMPROVEMENT, MAINTENANCE, AND PROTECTION ACT

[[Page 114 STAT. 2752]]

Public Law 106-551
106th Congress

                                 An Act


 
   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. <<NOTE: Dec. 20, 2000 -  [H.R. 3514]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Chimpanzee 
Health Improvement, Maintenance, and Protection Act.>> 

SECTION 1. SHORT <<NOTE: 42 USC 201 note.>> 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 <<NOTE: 42 USC 287a-
            3a.>> 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)  <<NOTE: Deadline.>> In general.--Not later than 180 
        days after the date of the enactment of this section, the 
        Secretary shall by regulation establish standards for operating 
        the sanctuary system

[[Page 114 STAT. 2753]]

        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 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.--

[[Page 114 STAT. 2754]]

                    ``(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.

[[Page 114 STAT. 2755]]

                          ``(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) <<NOTE: Federal Register, 
                                publication.>> 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) <<NOTE: Deadline.>> 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 the 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;

[[Page 114 STAT. 2756]]

                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 

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