IN THE SENATE OF THE UNITED STATES
April 13, 2011
Ms. Cantwell (for herself, Ms. Collins, Mr. Sanders, and Mr. Lieberman) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works
To prohibit the conducting of invasive research on great apes, and for other purposes.
This Act may be cited as
Great Ape Protection and Cost
Savings Act of 2011.
Findings and purpose
Congress finds that—
chimpanzees are the only great apes currently used in invasive research in the United States;
as of the date of introduction of this Act, there are approximately 1,000 chimpanzees housed in laboratories in the United States;
more than 1/2 of these chimpanzees are owned by the Federal Government; and
the vast majority are financially supported by the Federal Government;
great apes are highly intelligent and social animals;
research laboratory environments involving invasive research cannot meet the complex physical, social, and psychological needs of great apes;
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;
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; and
Research Council report entitled
Chimpanzees in Research—Strategies for
their Ethical Care, Management, and Use concluded that—
there is a
moral responsibility for the long-term care of chimpanzees used
for scientific research;
there should be a moratorium on further chimpanzee breeding;
euthanasia should not be used as a means to control the size of the great ape population; and
sanctuaries should be created to house chimpanzees in a manner consistent with high standards of lifetime care, social enrichment, and cognitive development.
The purposes of this Act are to—
phase out invasive research on great apes and the use of Federal funding of such research, both within and outside of the United States;
prohibit the transport of great apes for purposes of invasive research;
prohibit the breeding of great apes for purposes of invasive research; and
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.
In this Act:
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.
The term great ape means any individual of the following species:
Chimpanzee (Pan troglodytes).
Bonobo (Pan paniscus).
Gorilla (Gorilla gorilla or Gorilla beringei).
Orangutan (Pongo pygmaeus or Pongo abelii).
Gibbon (Family Hylobatidae).
The term invasive research means any research that may cause death, injury, pain, distress, fear, or trauma to a great ape, including—
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;
research that involves penetrating or cutting the body or removing body parts, restraining, tranquilizing, or anesthetizing a great ape; or
isolation, social deprivation, or other experimental manipulations that may be detrimental to the health or psychological well-being of a great ape.
The term invasive research does not include—
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;
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;
post-mortem examination of a great ape that was not killed for the purpose of examination or research; and
the administration of a physical exam by a licensed veterinarian or physician conducted for the well-being of the individual great ape.
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.
The term permanent retirement means a situation in which—
a great ape is placed in a suitable sanctuary that will provide for the lifetime care of the great ape; and
the great ape will no longer be used in invasive research.
The term permanent retirement does not include euthanasia.
The term person means—
an individual, corporation, partnership, trust, association, or any other private or not-for-profit entity;
any officer, employee, agent, department, or instrumentality of the Federal Government, a State, municipality, or political subdivision of a State; or
any other entity subject to the jurisdiction of the United States.
The term suitable sanctuary means—
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
a wildlife sanctuary that is a nonprofit organization that—
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;
does not conduct invasive research on animals;
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;
does not use animals for entertainment purposes or in a traveling exhibit;
does not breed any animals, whether intentionally or by failing to use adequate birth control methods; and
does not allow members of the public the opportunity to come into physical contact with the animals.
Invasive research prohibited
No person shall conduct invasive research on a great ape.
Housing for invasive research prohibited
No person shall possess, maintain, or house a great ape for the purpose of conducting invasive research.
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.
Breeding for invasive research prohibited
No person shall knowingly breed a great ape for the purpose of conducting or facilitating invasive research.
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.
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.
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.
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.
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.
Each day that a violation of this Act continues shall constitute a separate offense.
Great Ape Sanctuary System Fund
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 (42 U.S.C. 287a–3a).
Transfers to Fund
The Fund shall consist of—
such amounts as are appropriated to the Fund under paragraph (2); and
such other amounts as are appropriated to the Fund under this Act.
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.
Amounts in the Fund may not be made available for any purpose other than a purpose described in subsection (a).
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.
Each report shall include, for the fiscal year covered by the report, the following:
A statement of the amounts deposited into the Fund.
A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures.
Recommendations for additional authorities to fulfill the purpose of the Fund.
A statement of the balance remaining in the Fund at the end of the fiscal year.
Prohibition on Research
The prohibition under section (4)(a) shall take effect—
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 enactment of this Act; or
on the date of enactment of this Act for great apes not assigned to an active protocol on that date.
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.
Any provision of this Act for which a specific effective date is not provided shall take effect on the date of enactment of this Act.
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.