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H.R.1513 - Great Ape Protection and Cost Savings Act of 2011
To prohibit the conducting of invasive research on great apes, and for other purposes.
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Mr. BARTLETT (for himself, Mr. ISRAEL, Mr. LANGEVIN, Mr. REICHERT, Mr. TOWNS, Mr. ROTHMAN of New Jersey, Mrs. BONO MACK, Mr. SMITH of New Jersey, Mr. QUIGLEY, Mr. SHERMAN, Mr. CAMPBELL, Mr. HEINRICH, Mr. RANGEL, Mr. COURTNEY, Mr. SARBANES, Mr. KISSELL, Mr. LUJAN, Ms. NORTON, Mr. STARK, Ms. BORDALLO, Mr. YOUNG of Florida, Mr. BRADY of Pennsylvania, Mr. ELLISON, Ms. KAPTUR, Mr. JOHNSON of Georgia, Ms. WOOLSEY, Mr. VAN HOLLEN, Mr. ACKERMAN, Mr. PETERS, Mr. FILNER, Ms. SUTTON, Ms. SCHAKOWSKY, Mr. MURPHY of Connecticut, Ms. MCCOLLUM, Mr. CARSON of Indiana, Mr. GEORGE MILLER of California, Mr. ANDREWS, Ms. RICHARDSON, Mr. DEFAZIO, Mr. NADLER, Mr. MORAN, Mr. GERLACH, and Mr. HINCHEY) introduced the following bill; which was referred to the Committee on Energy and CommerceCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
SEC. 2. FINDINGS AND PURPOSE.
(5) invasive research performed on great apes, and the breeding, housing, maintenance, and transport of great apes for these purposes, are economic in nature and substantially affect interstate commerce;CommentsClose CommentsPermalink
(6) maintaining great apes in laboratories costs the Federal Government more than caring for great apes in suitable sanctuaries that are specifically designed to provide adequate lifetime care for great apes; andCommentsClose CommentsPermalink
(4) require the provision of lifetime care of great apes who are owned by or under the control of the Federal Government in a suitable sanctuary through the permanent retirement of the apes.CommentsClose CommentsPermalink
SEC. 3. DEFINITIONS.
(1) ASSIGNED TO AN ACTIVE PROTOCOL- The term ‘assigned to an active protocol’ means that a great ape is supported by, or used pursuant to, public or private funding that requires invasive research.CommentsClose CommentsPermalink
(I) close observation of natural or voluntary behavior of a great ape, if the research does not require an anesthetic or sedation event to collect data or record observations;CommentsClose CommentsPermalink
(ii) PHYSICAL EXAM- A physical exam conducted for the well-being of an individual great ape, as described in clause (i)(IV), may include the collection of biological samples to further the well-being of the individual great ape, the social group of the great ape, or the great ape species.CommentsClose CommentsPermalink
(A) a sanctuary that meets or exceeds the standards of care for chimpanzees held in the federally supported sanctuary system, as defined in part 9 of title 42, Code of Federal Regulations; orCommentsClose CommentsPermalink
(i) operates a place of refuge where abused, neglected, unwanted, impounded, abandoned, orphaned, displaced, or retired animals are provided care for the lifetime of the animal;CommentsClose CommentsPermalink
(iii) does not conduct any commercial activity with animals, including, at a minimum, sale, trade, auction, lease, or loan of animals or animal parts, or use of animals in any manner in a for-profit business or operation;CommentsClose CommentsPermalink
SEC. 4. PROHIBITIONS.
(c) Federal Funding for Invasive Research Prohibited- No Federal funds may be used to conduct invasive research on a great ape or to support an entity conducting or facilitating invasive research on a great ape either within or outside of the United States.CommentsClose CommentsPermalink
(e) Transport for Invasive Research Prohibited- No person shall transport, move, deliver, receive, lease, rent, donate, purchase, sell, or borrow a great ape in interstate or foreign commerce for the purpose of conducting or facilitating invasive research on a great ape.CommentsClose CommentsPermalink
(g) Exemption- Nothing in this Act limits or prevents individualized medical care performed on a great ape by a licensed veterinarian or physician for the well-being of the great ape, including surgical procedures or chemical treatments for birth control.CommentsClose CommentsPermalink
SEC. 5. RETIREMENT.
Notwithstanding any other provision of law, not later than 3 years after the date of enactment of this Act, the Secretary of Health and Human Services shall effectuate the permanent retirement of all great apes owned by the Federal Government that are being maintained in any facility for the purpose of breeding for, holding for, or conducting invasive research.CommentsClose CommentsPermalink
SEC. 6. CIVIL PENALTIES.
(a) In General- In addition to any other penalties that may apply under law, any person who violates any provision of this Act shall be assessed a civil penalty of not more than $10,000 for each violation.CommentsClose CommentsPermalink
SEC. 7. GREAT APE SANCTUARY SYSTEM FUND.
(a) Establishment of Fund- There is established in the Treasury of the United States a fund to be known as the ‘Great Ape Sanctuary System Fund’ (referred to in this section as the ‘Fund’), to be administered by the Secretary of Health and Human Services, to be available without fiscal year limitation and not subject to appropriation, for construction, renovation, and operation of the sanctuary system established pursuant to section 481C of the Public Health Service Act (
(2) CIVIL PENALTIES- There are appropriated to the Fund, out of funds of the Treasury not otherwise appropriated, amounts equivalent to amounts collected as penalties and received in the Treasury under section 6.CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 60 days after the end of each fiscal year beginning with fiscal year 2012, the Secretary of Health and Human Services shall submit to the appropriate committees of Congress a report on the operation of the Fund during the fiscal year.CommentsClose CommentsPermalink
SEC. 8. EFFECTIVE DATES.
(b) Prohibition on Housing and Funding- The prohibitions under subsections (b) and (c) of section 4 shall take effect on the date that is 3 years after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 9. SEVERABILITY.
In the event that any provision of this Act shall, for any reason, be held to be invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect any other provision of this Act, and this Act shall be construed as if the invalid or unenforceable provision had never been included in this Act.CommentsClose CommentsPermalink