S.810 - Great Ape Protection and Cost Savings Act of 2011
A bill to prohibit the conducting of invasive research on great apes, and for other purposes.
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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
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; andincurs significant costs maintaining great apes in laboratories; 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
(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
(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.
(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
(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
(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 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
(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
(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, 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
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. INVASIVE RESEARCH TO ADDRESS HUMAN HEALTH THREATS.
(a) In General- If at any time beginning on the date that is 3 years after the date of enactment of this Act, the Secretary finds, based on the best available scientific evidence, that a new, emerging, or reemerging disease or disorder presents a challenge to treatment, prevention, or control that defies non-great ape models and technologies and, as a result, the use of great apes for research may be required, the Secretary shall publish that preliminary finding in the Federal Register. CommentsClose CommentsPermalink
(1) IN GENERAL- Notwithstanding section 4, if the Secretary determines under subsection (a) that the use of invasive research on great apes may be necessary, the Secretary shall convene the Great Ape Research Task Force, which shall consist of-- CommentsClose CommentsPermalink
(G) an individual appointed by the Secretary with scientific expertise in the use of great apes in areas of research relating to the disease or disorder for which the Task Force is considering authorizing invasive research; CommentsClose CommentsPermalink
(H) an individual appointed by the Secretary with scientific expertise in the use of research models that do not use great apes in areas of research relating to the disease or disorder for which the Task Force is considering authorizing invasive research; and CommentsClose CommentsPermalink
(B) CONSULTATION- In reviewing proposed research protocols, the Task Force shall consult with the Animal Welfare Information Center established under section 13(e) of the Animal Welfare Act (
(4) AUTHORIZATION- After consideration of any public comments submitted to the Task Force, the Task Force may issue written authorization for a person to carry out an approved research protocol for invasive research on a great ape in order to prevent, control, or treat the new, emerging, or reemerging disease or disorder for which the Secretary convenes the Task Force, only if the Task Force determines based on the best scientific evidence available that-- CommentsClose CommentsPermalink
(iii) foregoing the use of great apes for the research in question will significantly slow or prevent important advancements to prevent, control, or treat life-threatening or debilitating conditions; and CommentsClose CommentsPermalink
(i) a study using great apes would provide otherwise unattainable insight into comparative genomics, normal and abnormal behavior, mental health, emotion, or cognition; CommentsClose CommentsPermalink
(5) REQUIREMENTS- If the Task Force authorizes the use of great apes for invasive research under this section, the Task Force shall require each person authorized to carry out the research-- CommentsClose CommentsPermalink
(c) Limitation- A person conducting invasive research pursuant to a written authorization issued under subsection (b)(4) shall be exempt from the prohibitions under section 4. CommentsClose CommentsPermalink
(d) Effect- Nothing in this section authorizes research to be conducted on a great ape retired pursuant to the Chimpanzee Health Improvement, Maintenance, and Protection Act (
(1) IN GENERAL- The Secretary shall submit to Congress a report detailing the findings and recommendations of the Working Group on the Use of Chimpanzees in NIH-Supported Research of the Council of Councils of the National Institutes of Health. CommentsClose CommentsPermalink
(2) INCLUSIONS- The report shall include any legislative recommendations relating to the Task Force and the requirements of this section that are necessary to ensure consistency with the recommendations of the working group described in paragraph (1). CommentsClose CommentsPermalink
(f) Authority- The Secretary may promulgate regulations to carry out the findings and recommendations of the working group described in subsection (e)(1) and the requirements of this section in a manner consistent with this Act. CommentsClose CommentsPermalink
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
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 (
(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
(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
SEC. 89. EFFECTIVE DATES.
(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
(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. 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