42 USC 283m - Sanctuary system for surplus chimpanzees

U.S Code last checked for updates: Nov 22, 2024

§ 283m.

Sanctuary system for surplus chimpanzees

(a)

In general

(b)

Administration of sanctuary system

(c)

Acceptance of chimpanzees into system

(d)

Standards for permanent retirement of surplus chimpanzees

(1)

In general

(2)

Chimpanzees accepted into system

With respect to chimpanzees that are accepted into the sanctuary system, standards under paragraph (1) shall include the following:

(A)

A prohibition that the chimpanzees may not be used for research, except as authorized under paragraph (3).

(B)

Provisions regarding the housing of the chimpanzees.

(C)

Provisions regarding the behavioral well-being of the chimpanzees.

(D)

A requirement that the chimpanzees be cared for in accordance with the Animal Welfare Act [7 U.S.C. 2131 et seq.].

(E)

A requirement that the chimpanzees be prevented from breeding.

(F)

A requirement that complete histories be maintained on the health and use in research of the chimpanzees.

(G)

A requirement that the chimpanzees be monitored for the purpose of promptly detecting the presence in the chimpanzees of any condition that may be a threat to the public health or the health of other chimpanzees.

(H)

A requirement that chimpanzees posing such a threat be contained in accordance with applicable recommendations of the Director of the Centers for Disease Control and Prevention.

(I)

A prohibition that none of the chimpanzees may be subjected to euthanasia, except as in the best interests of the chimpanzee involved, as determined by the system and an attending veterinarian.

(J)

A prohibition that the chimpanzees may not be discharged from the system.

(K)

A provision that the Secretary may, in the discretion of the Secretary, accept into the system chimpanzees that are not surplus chimpanzees.

(L)

Such additional standards as the Secretary determines to be appropriate.

(3)

Restrictions regarding research

(A)

In general

(B)

Additional restriction

(4)

Non-Federal chimpanzees offered for acceptance into system

With respect to a chimpanzee that is not owned by the Federal Government and is offered for acceptance into the sanctuary system, standards under paragraph (1) shall include the following:

(A)

A provision that the Secretary may authorize the imposition of a fee for accepting such chimpanzee into the system, except as follows:

(i)

Such a fee may not be imposed for accepting the chimpanzee if, on the day before December 20, 2000, the chimpanzee was owned by the nonprofit private entity that receives the contract under subsection (e) or by any individual sanctuary facility receiving a subcontract or grant under subsection (e)(1).

(ii)

Such a fee may not be imposed for accepting the chimpanzee if the chimpanzee is owned by an entity that operates a primate center, and if the chimpanzee is housed in the primate center pursuant to the program for regional centers for research on primates that is carried out by the Director of NIH, acting through the Office of the Director of NIH,.1

 So in original. Comma probably should not appear.

Any fees collected under this subparagraph are available to the Secretary for the costs of operating the system. Any other fees received by the Secretary for the long-term care of chimpanzees (including any Federal fees that are collected for such purpose and are identified in the report under section 3 of the Chimpanzee Health Improvement, Maintenance, and Protection Act) are available for operating the system, in addition to availability for such other purposes as may be authorized for the use of the fees.

(B)

A provision that the Secretary may deny such chimpanzee acceptance into the system if the capacity of the system is not sufficient to accept the chimpanzee, taking into account the physical capacity of the system; the financial resources of the system; the number of individuals serving as the staff of the system, including the number of professional staff; the necessity of providing for the safety of the staff and of the public; the necessity of caring for accepted chimpanzees in accordance with the standards under paragraph (1); and such other factors as may be appropriate.

(C)

A provision that the Secretary may deny such chimpanzee acceptance into the system if a complete history of the health and use in research of the chimpanzee is not available to the Secretary.

(D)

Such additional standards as the Secretary determines to be appropriate.

(e)

Award of contract for operation of system

(1)

In general

(2)

Requirements

The Secretary may make an award under paragraph (1) to a nonprofit private entity only if the entity meets the following requirements:

(A)

The entity has a governing board of directors that is composed and appointed in accordance with paragraph (3) and is satisfactory to the Secretary.

(B)

The terms of service for members of such board are in accordance with paragraph (3).

(C)

The members of the board serve without compensation. The members may be reimbursed for travel, subsistence, and other necessary expenses incurred in carrying out the duties of the board.

(D)

The entity has an executive director meeting such requirements as the Secretary determines to be appropriate.

(E)

The entity makes the agreement described in paragraph (4) (relating to non-Federal contributions).

(F)

The entity agrees to comply with standards under subsection (d).

(G)

The entity agrees to make necropsy reports on chimpanzees in the sanctuary system available on a reasonable basis to persons who conduct biomedical or behavioral research, with priority given to such persons who are Federal employees or who receive financial support from the Federal Government for research.

(H)

Such other requirements as the Secretary determines to be appropriate.

(3)

Board of directors

For purposes of subparagraphs (A) and (B) of paragraph (2):

(A)

The governing board of directors of the nonprofit private entity involved is composed and appointed in accordance with this paragraph if the following conditions are met:

(i)

Such board is composed of not more than 13 voting members.

(ii)

Such members include individuals with expertise and experience in the science of managing captive chimpanzees (including primate veterinary care), appointed from among individuals endorsed by organizations that represent individuals in such field.

(iii)

Such members include individuals with expertise and experience in the field of animal protection, appointed from among individuals endorsed by organizations that represent individuals in such field.

(iv)

Such members include individuals with expertise and experience in the zoological field (including behavioral primatology), appointed from among individuals endorsed by organizations that represent individuals in such field.

(v)

Such members include individuals with expertise and experience in the field of the business and management of nonprofit organizations, appointed from among individuals endorsed by organizations that represent individuals in such field.

(vi)

Such members include representatives from entities that provide accreditation in the field of laboratory animal medicine.

(vii)

Such members include individuals with expertise and experience in the field of containing biohazards.

(viii)

Such members include an additional member who serves as the chair of the board, appointed from among individuals who have been endorsed for purposes of clause (ii), (iii), (iv), or (v).

(ix)

None of the members of the board has been fined for, or signed a consent decree for, any violation of the Animal Welfare Act [7 U.S.C. 2131 et seq.].

(B)

The terms of service for members of the board of directors are in accordance with this paragraph if the following conditions are met:

(i)

The term of the chair of the board is 3 years.

(ii)

The initial members of the board select, by a random method, one member from each of the six fields specified in subparagraph (A) to serve a term of 2 years and (in addition to the chair) one member from each of such fields to serve a term of 3 years.

(iii)

After the initial terms under clause (ii) expire, each member of the board (other than the chair) is appointed to serve a term of 2 years.

(iv)

An individual whose term of service expires may be reappointed to the board.

(v)

A vacancy in the membership of the board is filled in the manner in which the original appointment was made.

(vi)

If a member of the board does not serve the full term applicable to the member, the individual appointed to fill the resulting vacancy is appointed for the remainder of the term of the predecessor member.

(4)

Requirement of matching funds

The agreement required in paragraph (2)(E) for a nonprofit private entity (relating to the award of the contract under paragraph (1)) is an agreement that, with respect to the costs to be incurred by the entity in establishing and operating the sanctuary system, the entity will make available (directly or through donations from public or private entities) non-Federal contributions toward such costs, in cash or in kind, in an amount not less than the following, as applicable:

(A)

For expenses associated with establishing the sanctuary system (as determined by the Secretary), 10 percent of such costs ($1 for each $9 of Federal funds provided under the contract under paragraph (1)).

(B)

For expenses associated with operating the sanctuary system (as determined by the Secretary), 25 percent of such costs ($1 for each $3 of Federal funds provided under such contract).

(5)

Establishment of contract entity

(f)

Definitions

For purposes of this section:

(1)

Permanent retirement

(2)

Sanctuary system

(3)

Secretary

(4)

Surplus chimpanzees

(g)

Funding

(1)

In general

Of the amount appropriated for the National Institutes of Health, there are authorized to be appropriated to carry out this section and for the care, maintenance, and transportation of all chimpanzees otherwise under the ownership or control of the National Institutes of Health, and to enable the National Institutes of Health to operate more efficiently and economically by decreasing the overall Federal cost of providing for the care, maintenance, and transportation of chimpanzees—

(A)

for fiscal year 2014, $12,400,000;

(B)

for fiscal year 2015, $11,650,000;

(C)

for fiscal year 2016, $10,900,000;

(D)

for fiscal year 2017, $10,150,000; and

(E)

for fiscal year 2018, $9,400,000.

(2)

Use of funds for other compliant facilities

(3)

Biennial report

Not later than 180 days after November 27, 2013, the Director of the National Institutes of Health shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations in the House of Representatives a report, to be updated biennially, regarding—

(A)

the care, maintenance, and transportation of the chimpanzees under the ownership or control of the National Institutes of Health;

(B)

costs related to such care, maintenance, and transportation, and any other related costs; and

(C)

the research status of such chimpanzees.

(July 1, 1944, ch. 373, title IV, § 404K, formerly § 481C, as added Pub. L. 106–551, § 2, Dec. 20, 2000, 114 Stat. 2752; amended Pub. L. 110–170, § 2(a), Dec. 26, 2007, 121 Stat. 2465; renumbered § 404K and amended Pub. L. 112–74, div. F, title II, § 221(b)(3), Dec. 23, 2011, 125 Stat. 1088; Pub. L. 113–55, title III, § 302(a), (c), Nov. 27, 2013, 127 Stat. 646, 647.)

cite as: 42 USC 283m