| Home > 106th Congressional Public Laws > 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''. ...
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''. ...
CHIMPANZEE HEALTH IMPROVEMENT, MAINTENANCE, AND PROTECTION ACT
[[Page 114 STAT. 2752]]
Public Law 106-551
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
``SEC. 481C. SANCTUARY SYSTEM FOR SURPLUS <<NOTE: 42 USC 287a-
``(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
``(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
``(B) Provisions regarding the housing of the
``(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
``(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
``(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
``(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
``(ii) The chimpanzee may be used in research
``(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
``(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
``(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
``(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
``(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
``(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
``(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
``(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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