H. R. 1513
To prohibit the conducting of invasive research on great apes, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
April 13, 2011
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 Commerce
To prohibit the conducting of invasive research on great apes, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Great Ape Protection and Cost Savings Act of
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings- Congress finds that--
(1) chimpanzees are the only great apes currently used in invasive research
in the United States;
(2)(A) as of the date of introduction of this Act, there are approximately
1,000 chimpanzees housed in laboratories in the United States;
(B) more than 1/2 of these chimpanzees are owned by the Federal Government;
(C) the vast majority are financially supported by the Federal Government;
(3) great apes are highly intelligent and social animals;
(4) research laboratory environments involving invasive research cannot
meet the complex physical, social, and psychological needs of great apes;
(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;
(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; and
(7) the National Research Council report entitled `Chimpanzees in Research--Strategies
for their Ethical Care, Management, and Use' concluded that--
(A) there is a `moral responsibility' for the long-term care of chimpanzees
used for scientific research;
(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; and
(D) sanctuaries should be created to house chimpanzees in a manner consistent
with high standards of lifetime care, social enrichment, and cognitive
(b) Purposes- The purposes of this Act are to--
(1) phase out invasive research on great apes and the use of Federal funding
of such research, both within and outside of the United States;
(2) prohibit the transport of great apes for purposes of invasive research;
(3) prohibit the breeding of great apes for purposes of invasive research;
(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.
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.
(2) GREAT APE- The term `great ape' means any individual of the following
(A) Chimpanzee (Pan troglodytes).
(B) Bonobo (Pan paniscus).
(C) Gorilla (Gorilla gorilla or Gorilla beringei).
(D) Orangutan (Pongo pygmaeus or Pongo abelii).
(E) Gibbon (Family Hylobatidae).
(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--
(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
(ii) research that involves penetrating or cutting the body or removing
body parts, restraining, tranquilizing, or anesthetizing a great ape;
(iii) isolation, social deprivation, or other experimental manipulations
that may be detrimental to the health or psychological well-being of
a great ape.
(i) IN GENERAL- The term `invasive research' does not include--
(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;
(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
(III) post-mortem examination of a great ape that was not killed for
the purpose of examination or research; and
(IV) the administration of a physical exam by a licensed veterinarian
or physician conducted for the well-being of the individual great
(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
(4) PERMANENT RETIREMENT-
(A) IN GENERAL- The term `permanent retirement' means a situation in which--
(i) a great ape is placed in a suitable sanctuary that will provide
for the lifetime care of the great ape; and
(ii) the great ape will no longer be used in invasive research.
(B) EXCLUSION- The term `permanent retirement' does not include euthanasia.
(5) PERSON- The term `person' means--
(A) an individual, corporation, partnership, trust, association, or any
other private or not-for-profit entity;
(B) any officer, employee, agent, department, or instrumentality of the
Federal Government, a State, municipality, or political subdivision of
a State; or
(C) any other entity subject to the jurisdiction of the United States.
(6) SUITABLE SANCTUARY- The term `suitable sanctuary' means--
(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
(B) a wildlife sanctuary that is a nonprofit organization that--
(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;
(ii) does not conduct invasive research on animals;
(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;
(iv) does not use animals for entertainment purposes or in a traveling
(v) does not breed any animals, whether intentionally or by failing
to use adequate birth control methods; and
(vi) does not allow members of the public the opportunity to come into
physical contact with the animals.
SEC. 4. PROHIBITIONS.
(a) Invasive Research Prohibited- No person shall conduct invasive research
on a great ape.
(b) Housing for Invasive Research Prohibited- No person shall possess, maintain,
or house a great ape for the purpose of conducting invasive research.
(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.
(d) Breeding for Invasive Research Prohibited- No person shall knowingly breed
a great ape for the purpose of conducting or facilitating invasive research.
(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.
(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.
(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.
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.
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.
(b) Multiple Violations- Each day that a violation of this Act continues shall
constitute a separate offense.
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 (42 U.S.C. 287a-3a).
(1) IN GENERAL- The Fund shall consist of--
(A) such amounts as are appropriated to the Fund under paragraph (2);
(B) such other amounts as are appropriated to the Fund under this 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.
(c) Prohibition- Amounts in the Fund may not be made available for any purpose
other than a purpose described in subsection (a).
(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.
(2) CONTENTS- Each report shall include, for the fiscal year covered by
the report, the following:
(A) A statement of the amounts deposited into the Fund.
(B) A description of the expenditures made from the Fund for the fiscal
year, including the purpose of the expenditures.
(C) Recommendations for additional authorities to fulfill the purpose
of the Fund.
(D) A statement of the balance remaining in the Fund at the end of the
SEC. 8. EFFECTIVE DATES.
(a) Prohibition on Research- The prohibition under section (4)(a) shall take
(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 enactment of
this Act; or
(2) on the date of enactment of this Act for great apes not assigned to
an active protocol on that date.
(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.
(c) Other Requirements- 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.
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