HR 5852 IHCommentsClose CommentsPermalink

To prohibit the conducting of invasive research on great apes, and for other purposes.CommentsClose CommentsPermalink

April 17, 2008

Mr. TOWNS (for himself, Mr. ALLEN, Mr. BARTLETT of Maryland, Mr. BRALEY of Iowa, Mr. LANGEVIN, Mr. REICHERT, Mr. CAMPBELL of California, and Mrs. BONO MACK) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

To prohibit the conducting of invasive research on great apes, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Great Ape Protection Act'.CommentsClose CommentsPermalink

SEC. 2. FINDINGS AND PURPOSE.

(a) Findings- Congress finds the following:CommentsClose CommentsPermalink





(1) Advances in scientific knowledge reveal that our nearest living relatives, great apes (including chimpanzees, bonobos, gorillas, orangutans and gibbons), bear an exceedingly close genetic relationship to humans.CommentsClose CommentsPermalink





(2) Great apes are highly intelligent and social animals and research laboratory environments involving invasive research cannot meet their complex social and psychological needs.CommentsClose CommentsPermalink





(3) Confinement of great apes for purposes of invasive research causes these intelligent and sentient animals to experience harmful stress and suffering, such as profound depression and withdrawal, self mutilation that can result in physical wounding, hair pulling, rocking, and other traumatized or psychotic behaviors.CommentsClose CommentsPermalink





(4) Invasive research performed on great apes, and the breeding of great apes for these purposes, are economic in nature and substantially affect interstate commerce.CommentsClose CommentsPermalink





(5) The majority of invasive research and testing conducted on great apes in the United States is for the end purpose of developing drugs, pharmaceuticals, and other products to be sold in the interstate market.CommentsClose CommentsPermalink





(6) The total costs associated with great ape research have a direct economic impact on interstate commerce.CommentsClose CommentsPermalink





(7) Care in a research laboratory for a single great ape over the lifespan of the great ape of more than 50 years can cost between $300,000 and $500,000, compared to an approximate cost of $275,000 for high quality care in a sanctuary.CommentsClose CommentsPermalink





(8) An overwhelming majority of invasive research procedures performed on great apes involve some element of interstate commerce, such that great apes, equipment, and researchers have traveled across state lines.CommentsClose CommentsPermalink





(9) The regulation of animals and activities as provided in this Act are necessary to effectively regulate interstate and foreign commerce.CommentsClose CommentsPermalink





(10) Australia, Austria, Japan, the Netherlands, New Zealand, Sweden, and the United Kingdom have banned or severely limited experiments on great apes and several other countries and the European Union are considering similar bans as well.CommentsClose CommentsPermalink





(11) The National Research Council (NRC) report entitled `Chimpanzees in Research and Strategies for their Ethical Care, Management, and Use,' concluded that--CommentsClose CommentsPermalink





(A) there is a `moral responsibility' for the long-term care of chimpanzees used for scientific research;CommentsClose CommentsPermalink





(B) there should be a moratorium on further chimpanzee breeding;CommentsClose CommentsPermalink





(C) euthanasia as a means of general chimpanzee population control is unacceptable; andCommentsClose CommentsPermalink





(D) sanctuaries should be created to house chimpanzees in a manner consistent with high standards of lifetime care, social enrichment, and cognitive development.CommentsClose CommentsPermalink





(12) In December 2000, the Chimpanzee Health Improvement, Maintenance, and Protection (CHIMP) Act was signed into law, requiring the Federal Government to provide for permanent `retirement' of chimpanzees who are identified `as no longer being needed in research'.CommentsClose CommentsPermalink





(13) In May 2007, the National Institutes of Health's National Center for Research Resources' (NCRR) decided to permanently end funding for the breeding of Government-owned chimpanzees for research.CommentsClose CommentsPermalink





(b) Purposes- The purpose of this Act is to--CommentsClose CommentsPermalink





(1) prohibit invasive research and the funding of such research both within and outside of the United States on great apes;CommentsClose CommentsPermalink





(2) prohibit the transport of great apes for purposes of invasive research;CommentsClose CommentsPermalink





(3) prohibit the breeding of great apes for purposes of invasive research; andCommentsClose CommentsPermalink





(4) require the permanent retirement of federally owned great apes.CommentsClose CommentsPermalink

SEC. 3. PROHIBITIONS.

(a) Invasive Research Prohibition- No person shall conduct invasive research on a great ape.CommentsClose CommentsPermalink





(b) Federal Funding Prohibition- No Federal funds may be used to conduct invasive research on a great ape.CommentsClose CommentsPermalink





(c) Transport Prohibition- No person shall knowingly import, export, transport, move, deliver, receive, possess, rent, loan, purchase, or sell a great ape for the purpose of conducting invasive research on such great ape.CommentsClose CommentsPermalink





(d) Breeding Prohibition- No person shall breed a great ape for use in invasive research.CommentsClose CommentsPermalink





(e) Exemption- Nothing in this Act shall be construed to limit or prevent individualized medical care performed on a great ape by a licensed veterinarian for the benefit of the great ape.CommentsClose CommentsPermalink

SEC. 4. RETIREMENT.

(a) In General- Subject to subsection (b), the Secretary of Health and Human Services shall provide for the permanent retirement of all great apes owned or under the control of the Federal Government that have been used for invasive research.CommentsClose CommentsPermalink





(b) Exception- The Secretary of Health and Human Services may provide for the euthanizing of a great ape owned or under the control of the Federal Government that has been used for invasive research if euthanasia is in the best interests of such great ape, as determined by an attending veterinarian and endorsed by a second, unaffiliated veterinarian.CommentsClose CommentsPermalink

SEC. 5. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(a) Great Ape- The term `great ape' includes a chimpanzee, gorilla, bonobo, orangutan, or gibbon.CommentsClose CommentsPermalink





(b) Invasive Research- The term `invasive research'--CommentsClose CommentsPermalink





(1) means any experimental research that may cause death, bodily injury, pain, distress, fear, injury, or trauma to a great ape, including--CommentsClose CommentsPermalink





(A) the testing of any drug or intentional exposure to a substance that may be detrimental to the health of a great ape;CommentsClose CommentsPermalink





(B) research that involves penetrating or cutting the body or removing body parts, restraining, tranquilizing, or anesthetizing a great ape; orCommentsClose CommentsPermalink





(C) isolation, social deprivation, or other experimental physical manipulations that may be detrimental to the health or psychological well-being of a great ape; andCommentsClose CommentsPermalink





(2) does not include--CommentsClose CommentsPermalink





(A) close observation of natural or voluntary behavior of a great ape, provided that the research does not require removal of the great ape from the social group or environment of such great ape or require an anesthetic or sedation event to collect data or record observations; orCommentsClose CommentsPermalink





(B) post-mortem examination of a great ape following the natural death of such great ape.CommentsClose CommentsPermalink





(c) Permanent Retirement- The term `permanent retirement'--CommentsClose CommentsPermalink





(1) means that a great ape is placed in a suitable sanctuary that will provide for the lifetime care of the great ape and such great ape will not be used in further invasive research; andCommentsClose CommentsPermalink





(2) does not include euthanasia.CommentsClose CommentsPermalink





(d) Person- The term `person' means--CommentsClose CommentsPermalink





(1) an individual, corporation, partnership, trust, association, or any other private entity,CommentsClose CommentsPermalink





(2) any officer, employee, agent, department, or instrumentality of the Federal Government, a State, municipality, or political subdivision of a State; orCommentsClose CommentsPermalink





(3) any other entity subject to the jurisdiction of the United States.CommentsClose CommentsPermalink





(e) Suitable Sanctuary- The term `suitable sanctuary' means--CommentsClose CommentsPermalink





(1) the system referred to in section 481C(a) of the Public Health Service Act (42 U.S.C. 287a-3a(a)); orCommentsClose CommentsPermalink





(2) a comparable privately funded sanctuary approved by the Secretary of Health and Human Services.CommentsClose CommentsPermalink

SEC. 6. EFFECTIVE DATE.

This Act shall take effect on the date that is 3 years after the date of the enactment of this Act.CommentsClose CommentsPermalink