S 810 IS

Calendar No. 557CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

S. 810CommentsClose CommentsPermalink

[Report No. 112-242]CommentsClose CommentsPermalink

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

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

April 13, 2011CommentsClose CommentsPermalink

Ms. CANTWELL (for herself, Ms. COLLINS, Mr. SANDERS, and Mr. LIEBERMAMr. LIEBERMAN, Mr. BROWN of Ohio, Mr. AKAKA, Mrs. GILLIBRAND, Mr. KERRY, Mr. BLUMENTHAL, Mr. BEGICH, Mr. MERKLEY, Mr. LEAHY, Mr. UDALL of New Mexico, Mr. INOUYE, Mr. MENENDEZ, Ms. MIKULSKI, Mr. REED, and Mr. DURBIN) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksCommentsClose CommentsPermalink

November 30, 2012CommentsClose CommentsPermalink

Reported by Mrs. BOXER, with an amendmentCommentsClose CommentsPermalink

[Strike out all after the enacting clause and insert the part printed in italic]CommentsClose CommentsPermalink

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A BILLCommentsClose 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 and Cost Savings Act of 20112’. CommentsClose CommentsPermalink

SEC. 2. FINDINGS AND PURPOSE.

(a) Findings- Congress finds that-- CommentsClose CommentsPermalink





(1) chimpanzees are the only great apes currently used in invasive research in the United States; CommentsClose CommentsPermalink





(2)(A) as of the date of introduction of this Act, there are approximately 1,000 chimpanzees housed in laboratories in the United States; CommentsClose CommentsPermalink





(B) more than 1/2 of these chimpanzees are owned by the Federal Government; and CommentsClose CommentsPermalink





(C) the vast majority are financially supported by the Federal Government; CommentsClose CommentsPermalink





(3) great apes are highly intelligent and social animals; CommentsClose CommentsPermalink





(4) research laboratory environments involving invasive research cannot meet the complex physical, social, and psychological needs of great apes; CommentsClose CommentsPermalink





(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; andincurs significant costs maintaining great apes in laboratories; CommentsClose CommentsPermalink





(7) the National Research Council report entitled ‘Chimpanzees in Research--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;(C) euthanasia should not be used as a means to control the size of the great ape population; CommentsClose CommentsPermalink





(C) sanctuary animals require less intensive management than animals in research facilities and therefore entail lower costs of daily care; and CommentsClose CommentsPermalink





(D) sanctuaries should be created to house chimpanzees in a manner consistent withoffer an opportunity for substantially reducing the costs of long-term maintenance of chimpanzees without compromising high standards of lifetime care, social enrichment, and cognitive developmentwell-being; and CommentsClose CommentsPermalink





(8) the Institute of Medicine and National Research Council report entitled ‘Chimpanzees in Biomedical and Behavioral Research: Assessing the Necessity’ concluded that-- CommentsClose CommentsPermalink





(A) while the chimpanzee has been a valuable animal model in past research, most current use of chimpanzees for biomedical research is unnecessary; CommentsClose CommentsPermalink





(B) chimpanzees are not necessary for research relating to a Hepatitis C antiviral drug, respiratory syncytial virus, future monoclonal antibodies therapies, or a therapeutic Hepatitis C vaccine; CommentsClose CommentsPermalink





(C) the use of a combination of non-chimpanzee methods for the development of monoclonal antibody therapies may make research on the chimpanzee largely unnecessary; and CommentsClose CommentsPermalink





(D) non-chimpanzee models, if further improved, may reduce or obviate the need for the continued use of the chimpanzee for prophylactic Hepatitis C vaccine research. CommentsClose CommentsPermalink





(b) Purposes- The purposes of this Act are to--(1)-- CommentsClose CommentsPermalink





(1) to phase out invasive research on great apes and the use of Federal funding of suchthat research, both within and outside of the United States; CommentsClose CommentsPermalink





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





(3) to prohibit the breeding of great apes for purposes of invasive research; and CommentsClose CommentsPermalink





(4) to require the provision of lifetime care of great apes whofor great apes that are owned by or under the control of the Federal Government in a suitable sanctuary through the permanent retirement of the great apes. CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act: CommentsClose CommentsPermalink





(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





(2) DEBILITATING- The term ‘debilitating’ means causing major irreversible morbidity, including blindness, loss of hearing, paralysis, or stroke. CommentsClose CommentsPermalink





(3) DISEASE OR DISORDER- CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘disease or disorder’ means a life-threatening or debilitating clinical condition in human beings. CommentsClose CommentsPermalink





(B) EXCLUSIONS- The term ‘disease or disorder’ does not include a clinical condition in human beings for which research on chimpanzees has been found to be unnecessary by a Committee of the Institute of Medicine. CommentsClose CommentsPermalink





(4) FUND- The term ‘Fund’ means the Great Ape Sanctuary System Fund established by section 8(a). CommentsClose CommentsPermalink





(5) GREAT APE- The term ‘great ape’ means any individual of the following species: CommentsClose CommentsPermalink





(A) Chimpanzee (Pan troglodytes). CommentsClose CommentsPermalink





(B) Bonobo (Pan paniscus). CommentsClose CommentsPermalink





(C) Gorilla (Gorilla gorilla or Gorilla beringei). CommentsClose CommentsPermalink





(D) Orangutan (Pongo pygmaeus or Pongo abelii). CommentsClose CommentsPermalink





(E) Gibbon (Family Hylobatidae). CommentsClose CommentsPermalink





(36) INVASIVE RESEARCH- CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘invasive research’ means any research that may cause death, injury, pain, distress, fear, or trauma to a great ape, including-- CommentsClose CommentsPermalink





(i) the testing of any drug or intentional exposure to a substance that may be detrimental to the health or psychological well-being of a great ape; CommentsClose CommentsPermalink





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





(iii) isolation, social deprivation, or other experimental manipulations that may be detrimental to the health or psychological well-being of a great ape. CommentsClose CommentsPermalink





(B) EXCLUSIONS- CommentsClose CommentsPermalink





(i) IN GENERAL- The term ‘invasive research’ does not include-- 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) the temporary separation of a great ape from the social group of the great ape, leaving and returning by the own volition of the great ape; CommentsClose CommentsPermalink





(III) post-mortem examination of a great ape that was not killed for the purpose of examination or research; and CommentsClose CommentsPermalink





(IV) the administration of a physical exam by a licensed veterinarian or physician conducted for the well-being of the individual great ape. 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 or the implantation of monitoring devices previously approved by the Food and Drug Administration, subject to the condition that the collection or implantation is carried out to further the well-being of the individual great ape, the social group of the great ape, or the great ape species. CommentsClose CommentsPermalink





(47) MONITORING DEVICE- The term ‘monitoring device’ means a medical device that has been approved by the Food and Drug Administration that collects data from an individual great ape but does not dispense any drugs or harmful substances. CommentsClose CommentsPermalink





(8) PERMANENT RETIREMENT- CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘permanent retirement’ means a situation in which-- CommentsClose CommentsPermalink





(i) a great ape is placed in a suitable sanctuary that will provide for the lifetime care of the great ape; and CommentsClose CommentsPermalink





(ii) the great ape will no longer be used in invasive research. CommentsClose CommentsPermalink





(B) EXCLUSION- The term ‘permanent retirement’ does not include euthanasia. CommentsClose CommentsPermalink





(59) PERSON- The term ‘person’ means-- CommentsClose CommentsPermalink





(A) an individual, corporation, partnership, trust, association, or any other private or not-for-profit entity; CommentsClose CommentsPermalink





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





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





(610) SECRETARY- The term ‘Secretary’ means the Secretary of Health and Human Services. CommentsClose CommentsPermalink





(11) SUITABLE SANCTUARY- The term ‘suitable sanctuary’ means-- 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; or CommentsClose CommentsPermalink





(B) a wildlife sanctuary that is a nonprofit organization that-- CommentsClose 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





(ii) does not conduct invasive research on animals; CommentsClose CommentsPermalink





(iii) does not conduct any commercial activity with animals, including, at a minimum, the 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





(iv) does not use animals for entertainment purposes or in a traveling exhibit; CommentsClose CommentsPermalink





(v) does not breed any animals, whether intentionally or by failing to use adequate birth control methods; and CommentsClose CommentsPermalink





(vi) does not allow members of the public the opportunity to come into physical contact with the animals. CommentsClose CommentsPermalink





(12) TASK FORCE- The term ‘Task Force’ means the Great Ape Research Task Force established under section 5(b). CommentsClose CommentsPermalink

SEC. 4. PROHIBITIONS.

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





(b) Housing for Invasive Research Prohibited- No person shall possess, maintain, or house a great ape for the purpose of conducting invasive research. CommentsClose CommentsPermalink





(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





(d) Breeding for Invasive Research Prohibited- No person shall knowingly breed a great ape for the purpose of conducting or facilitating invasive research. 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





(f) Transfer of Ownership Prohibited- No Federal agency may transfer ownership of a great ape to a non-Federal entity unless the entity is a suitable sanctuary. 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. INVASIVE RESEARCH TO ADDRESS HUMAN HEALTH THREATS.

SEC. 6. RETIREMENT.

Notwithstanding any other (a) In General- 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 (b) Invasive Research- A federally owned great ape that is selected for invasive research under section 5 shall be returned to a suitable sanctuary immediately after the research is concluded. CommentsClose CommentsPermalink

SEC. 7. 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





(b) Multiple Violations- Each day that a violation of this Act continues shall constitute a separate offense. CommentsClose CommentsPermalink

SEC. 78. 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 481C04K of the Public Health Service Act (42 U.S.C. 287a-3a3m). CommentsClose CommentsPermalink





(b) Transfers to Fund- CommentsClose CommentsPermalink





(1) IN GENERAL- The Fund shall consist of-- CommentsClose CommentsPermalink





(A) such amounts as are appropriated to the Fund under paragraph (2); and CommentsClose CommentsPermalink





(B) such other amounts as are appropriated to the Fund under this Act. CommentsClose CommentsPermalink





(2) CIVIL PENALTIES- There are authorized to be 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 67. CommentsClose CommentsPermalink





(c) Prohibition- Amounts in the Fund may not be made available for any purpose other than a purpose described in subsection (a). CommentsClose CommentsPermalink





(d) Annual Reports- 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 3, the Secretary shall submit to the appropriate committees of Congress a report on the operation of the Fund during the fiscal year. CommentsClose CommentsPermalink





(2) CONTENTS- Each report shall include, for the fiscal year covered by the report, the following:(A) A-- CommentsClose CommentsPermalink





(A) a statement of the amounts deposited into the Fund.(B) A; CommentsClose CommentsPermalink





(B) a description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures.(C) R; CommentsClose CommentsPermalink





(C) recommendations for additional authorities to fulfill the purpose of the Fund.(D) A; and CommentsClose CommentsPermalink





(D) a statement of the balance remaining in the Fund at the end of the fiscal year. CommentsClose CommentsPermalink

SEC. 89. EFFECTIVE DATES.

(a) Prohibition on Research- The prohibition under section (4)(a) shall taketakes effect-- CommentsClose CommentsPermalink





(1) on the date that is 3 years after the date of enactment of this Act for great apes assigned to an active protocol on the date of as of the date of enactment of this Act; or CommentsClose CommentsPermalink





(2) on the date of enactment of this Act for great apes not assigned to an active protocol onas of that date. CommentsClose CommentsPermalink





(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





(c) Other Requirements- Any provision of this Act for which a specific effective date is not provided shall taketakes effect on the date of enactment of this Act. CommentsClose CommentsPermalink

SEC. 910. SEVERABILITY.

In the event that any provision of this Act shallis, for any reason, be held to be invalid or unenforceable in any respect, suchthe 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

Calendar No. 557CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

S. 810CommentsClose CommentsPermalink

[Report No. 112-242]CommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

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

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November 30, 2012CommentsClose CommentsPermalink

Reported with an amendmentCommentsClose CommentsPermalink