42 U.S.C. § 283m — Sanctuary system for surplus chim-

Page 665 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 283m ‘‘ ‘1994’ and all that follows through ‘$5,000,000’ ’’, was executed by making the substitution for ‘‘1994 through 1996, reserve from the amounts appropriated under sec- tion 287a–2(h) of this title up to $2,500,000’’, to reflect the probable intent of Congress and the amendment by Pub. L. 105–392. See 1998 Amendment note below. 1998—Subsec. (a). Pub. L. 105–392, in first sentence, substituted ‘‘may’’ for ‘‘shall’’ and ‘‘up to $2,500,000’’ for ‘‘$5,000,000’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 109–482 applicable only with respect to amounts appropriated for fiscal year 2007 or subsequent fiscal years, see section 109 of Pub. L. 109–482, set out as a note under section 281 of this title. § 283m. Sanctuary system for surplus chim- panzees (a) In general The Secretary shall provide for the establish- ment and operation in accordance with this sec- tion of a system to provide for the lifetime care of chimpanzees that have been used, or were bred or purchased for use, in research conducted or supported by the National Institutes of Health, the Food and Drug Administration, or other agencies of the Federal Government, and with respect to which it has been determined by the Secretary that the chimpanzees are not needed for such research (in this section referred to as ‘‘surplus chimpanzees’’). (b) Administration of sanctuary system The Secretary shall carry out this section, in- cluding the establishment of regulations under subsection (d), in consultation with the board of directors of the nonprofit private entity that re- ceives the contract under subsection (e) (relat- ing to the operation of the sanctuary system). (c) Acceptance of chimpanzees into system All surplus chimpanzees owned by the Federal Government shall be accepted into the sanc- tuary system. Subject to standards under sub- section (d)(4), any chimpanzee that is not owned by the Federal Government can be accepted into the system if the owner transfers to the sanc- tuary system title to the chimpanzee. (d) Standards for permanent retirement of sur- plus chimpanzees (1) In general Not later than 180 days after December 20, 2000, the Secretary shall by regulation estab- lish standards for operating the sanctuary sys- tem to provide for the permanent retirement of surplus chimpanzees. In establishing the standards, the Secretary shall consider the recommendations of the board of directors of the nonprofit private entity that receives the contract under subsection (e), and shall con- sider the recommendations of the National Re- search Council applicable to surplus chim- panzees that are made in the report published in 1997 and entitled ‘‘Chimpanzees in Re- search—Strategies for Their Ethical Care, Management, and Use’’. (2) Chimpanzees accepted into system With respect to chimpanzees that are ac- cepted into the sanctuary system, standards under paragraph (1) shall include the fol- lowing: (A) A prohibition that the chimpanzees may not be used for research, except as au- thorized 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 re- search of the chimpanzees. (G) A requirement that the chimpanzees be monitored for the purpose of promptly de- tecting the presence in the chimpanzees of any condition that may be a threat to the public health or the health of other chim- panzees. (H) A requirement that chimpanzees pos- ing such a threat be contained in accordance with applicable recommendations of the Di- rector of the Centers for Disease Control and Prevention. (I) A prohibition that none of the chim- panzees may be subjected to euthanasia, ex- cept as in the best interests of the chim- panzee involved, as determined by the sys- tem 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 Sec- retary determines to be appropriate. (3) Restrictions regarding research (A) In general For purposes of paragraph (2)(A), standards under paragraph (1) shall provide that a chimpanzee accepted into the sanctuary sys- tem may not be used for studies or research, except that the chimpanzee may be used for noninvasive behavioral studies or medical studies based on information collected dur- ing the course of normal veterinary care that is provided for the benefit of the chim- panzee, provided that any such study in- volves minimal physical and mental harm, pain, distress, and disturbance to the chim- panzee and the social group in which the chimpanzee lives. (B) Additional restriction For purposes of paragraph (2)(A), a condi- tion for the use in studies or research of a chimpanzee accepted into the sanctuary sys- tem is (in addition to conditions under sub- paragraph (A) of this paragraph) that the ap- plicant for such use has not been fined for, or signed a consent decree for, any violation of the Animal Welfare Act [7 U.S.C. 2131 et seq.]. (4) Non-Federal chimpanzees offered for ac- ceptance into system With respect to a chimpanzee that is not owned by the Federal Government and is of- Page 666 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 283m 1 So in original. Comma probably should not appear. fered for acceptance into the sanctuary sys- tem, standards under paragraph (1) shall in- clude the following: (A) A provision that the Secretary may au- thorize the imposition of a fee for accepting such chimpanzee into the system, except as follows: (i) Such a fee may not be imposed for ac- cepting the chimpanzee if, on the day be- fore 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 re- ceiving a subcontract or grant under sub- section (e)(1). (ii) Such a fee may not be imposed for accepting the chimpanzee if the chim- panzee 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 re- search on primates that is carried out by the Director of NIH, acting through the Of- fice of the Director of NIH,.1 Any fees collected under this subparagraph are available to the Secretary for the costs of operating the system. Any other fees re- ceived 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, Main- tenance, 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 sys- tem; the number of individuals serving as the staff of the system, including the num- ber of professional staff; the necessity of providing for the safety of the staff and of the public; the necessity of caring for ac- cepted 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 Sec- retary determines to be appropriate. (e) Award of contract for operation of system (1) In general Subject to the availability of funds pursuant to subsection (g), the Secretary shall make an award of a contract to a nonprofit private en- tity under which the entity has the responsi- bility of operating (and establishing, as appli- cable) the sanctuary system and awarding sub- contracts or grants to individual sanctuary fa- cilities that meet the standards under sub- section (d). (2) Requirements The Secretary may make an award under paragraph (1) to a nonprofit private entity only if the entity meets the following require- ments: (A) The entity has a governing board of di- rectors that is composed and appointed in accordance with paragraph (3) and is satis- factory 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 with- out compensation. The members may be re- imbursed 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 de- scribed 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 re- ports on chimpanzees in the sanctuary sys- tem available on a reasonable basis to per- sons who conduct biomedical or behavioral research, with priority given to such persons who are Federal employees or who receive fi- nancial support from the Federal Govern- ment for research. (H) Such other requirements as the Sec- retary 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 com- posed 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), ap- pointed from among individuals endorsed by organizations that represent individ- uals in such field. (iii) Such members include individuals with expertise and experience in the field of animal protection, appointed from among individuals endorsed by organiza- tions that represent individuals in such field. (iv) Such members include individuals with expertise and experience in the zoo- logical field (including behavioral prima- tology), 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 non- profit organizations, appointed from among individuals endorsed by organiza- tions that represent individuals in such field. Page 667 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 283m (vi) Such members include representa- tives from entities that provide accredita- tion in the field of laboratory animal med- icine. (vii) Such members include individuals with expertise and experience in the field of containing biohazards. (viii) Such members include an addi- tional member who serves as the chair of the board, appointed from among individ- uals 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 de- cree for, any violation of the Animal Wel- fare 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 se- lect, by a random method, one member from each of the six fields specified in sub- paragraph (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 mem- ber, the individual appointed to fill the re- sulting vacancy is appointed for the re- mainder 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 enti- ty will make available (directly or through do- nations 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 estab- lishing 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 If the Secretary determines that an entity meeting the requirements of paragraph (2) does not exist, not later than 60 days after De- cember 20, 2000, the Secretary shall, for pur- poses of paragraph (1), make a grant for the es- tablishment of such an entity, including pay- ing the cost of incorporating the entity under the law of one of the States. (f) Definitions For purposes of this section: (1) Permanent retirement The term ‘‘permanent retirement’’, with re- spect to a chimpanzee that has been accepted into the sanctuary system, means that under subsection (a) the system provides for the life- time care of the chimpanzee, that under sub- section (d)(2) the system does not permit the chimpanzee to be used in research (except as authorized under subsection (d)(3)) or to be euthanized (except as provided in subsection (d)(2)(I)), that under subsection (d)(2) the sys- tem will not discharge the chimpanzee from the system, and that under such subsection the system otherwise cares for the chim- panzee. (2) Sanctuary system The term ‘‘sanctuary system’’ means the system described in subsection (a). (3) Secretary The term ‘‘Secretary’’ means the Secretary of Health and Human Services. (4) Surplus chimpanzees The term ‘‘surplus chimpanzees’’ has the meaning given that term in subsection (a). (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 owner- ship or control of the National Institutes of Health, and to enable the National Institutes of Health to operate more efficiently and eco- nomically 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 With respect to amounts authorized to be appropriated by paragraph (1) for a fiscal year, the Secretary may use a portion of such amounts to make awards of grants or con- tracts to public or private entities operating facilities that, as determined by the Secretary in consultation with the board of directors of the nonprofit private entity that receives the contract under subsection (e), provide for the retirement of chimpanzees in accordance with the same standards that apply to the sanc- tuary system pursuant to regulations under subsection (d). Such an award may be ex- pended for the expenses of operating the facili- ties involved. Page 668 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 283n (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 Sen- ate and the Committee on Energy and Com- merce and the Committee on Appropriations in the House of Representatives a report, to be updated biennially, regarding— (A) the care, maintenance, and transpor- tation of the chimpanzees under the owner- ship or control of the National Institutes of Health; (B) costs related to such care, mainte- nance, and transportation, and any other re- lated costs; and (C) the research status of such chim- panzees. (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.) Editorial Notes REFERENCES IN TEXT The Animal Welfare Act, referred to in subsecs. (d)(2)(D), (3)(B) and (e)(3)(A)(ix), is Pub. L. 89–544, Aug. 24, 1966, 80 Stat. 350, which is classified generally to chapter 54 (§ 2131 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2131 of Title 7 and Tables. Section 3 of the Chimpanzee Health Improvement, Maintenance, and Protection Act, referred to in subsec. (d)(4)(A), is section 3 of Pub. L. 106–551, which is set out as a note below. CODIFICATION Section was formerly classified to section 287a–3a of this title. November 27, 2013, referred to in subsec. (g)(3), was in the original ‘‘the date enactment of this Act’’ (sic), which was translated as meaning the date of enactment of Pub. L. 113–55, which enacted par. (3), to reflect the probable intent of Congress. AMENDMENTS 2013—Subsec. (g)(1). Pub. L. 113–55, § 302(a)(1), amend- ed par. (1) generally. Prior to amendment, text read as follows: ‘‘Of the amount appropriated under this chap- ter for fiscal year 2001 and each subsequent fiscal year, the Secretary, subject to paragraph (2), shall reserve a portion for purposes of the operation (and establish- ment, as applicable) of the sanctuary system and for purposes of paragraph (3), except that the Secretary may not for such purposes reserve any further funds from such amount after the aggregate total of the funds so reserved for such fiscal years reaches $30,000,000. The purposes for which funds reserved under the preceding sentence may be expended include the construction and renovation of facilities for the sanc- tuary system.’’ Subsec. (g)(2). Pub. L. 113–55, § 302(a)(4), substituted ‘‘With respect to amounts authorized to be appro- priated by paragraph (1)’’ for ‘‘With respect to amounts reserved under paragraph (1)’’ and ‘‘Secretary in con- sultation with the board of directors’’ for ‘‘board of di- rectors’’. Pub. L. 113–55, § 302(a)(2), (3), redesignated par. (3) as (2) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: ‘‘Funds may not be re- served for a fiscal year under paragraph (1) unless the amount appropriated under this chapter for such year equals or exceeds the amount appropriated under this chapter for fiscal year 1999.’’ Subsec. (g)(3). Pub. L. 113–55, § 302(c), added par. (3). Former par. (3) redesignated (2). Pub. L. 113–55, § 302(a)(3), redesignated par. (3) as (2). 2011—Subsec. (d)(4)(A)(ii). Pub. L. 112–74, § 221(b)(3)(B), substituted ‘‘that is carried out by the Director of NIH, acting through the Office of the Director of NIH,’’ for ‘‘that is carried out by the National Center for Re- search Resources’’. 2007—Subsec. (d)(2)(J). Pub. L. 110–170, § 2(a)(1), struck out at end ‘‘If any chimpanzee is removed from a sanc- tuary facility for purposes of research authorized under paragraph (3)(A)(ii), the chimpanzee shall be returned immediately upon the completion of that research. All costs associated with the removal of the chimpanzee from the facility, with the care of the chimpanzee dur- ing such absence from the facility, and with the return of the chimpanzee to the facility shall be the responsi- bility of the entity that obtains approval under such paragraph regarding use of the chimpanzee and re- moves the chimpanzee from the sanctuary facility.’’ Subsec. (d)(3)(A). Pub. L. 110–170, § 2(a)(2)(A), sub- stituted ‘‘except that the chimpanzee may be used for noninvasive behavioral studies’’ for ‘‘except as provided in clause (i) or (ii), as follows: ‘‘(i) The chimpanzee may be used for noninvasive behavioral studies’’ and struck out cl. (ii) which related to findings nec- essary before a chimpanzee may be used in research. Subsec. (d)(3)(B), (C). Pub. L. 110–170, § 2(a)(2)(B)–(D), redesignated subpar. (C) as (B), substituted ‘‘under sub- paragraph (A)’’ for ‘‘under subparagraphs (A) and (B)’’, and struck out former subpar. (B) which related to ap- proval of research design. Statutory Notes and Related Subsidiaries REPORT TO CONGRESS REGARDING NUMBER OF CHIMPANZEES AND FUNDING FOR CARE OF CHIMPANZEES Pub. L. 106–551, § 3, Dec. 20, 2000, 114 Stat. 2759, re- quired the Secretary of Health and Human Services to submit a report to Congress, not later than 365 days after Dec. 20, 2000, about the chimpanzees that had been used, or bred or purchased for use, in research con- ducted or supported by the National Institutes of Health, the Food and Drug Administration, or other agencies of the Federal Government. § 283n. Shared Instrumentation Grant Program (a) Requirements for grants In determining whether to award a grant to an applicant under the Shared Instrumentation Grant Program, the Director of NIH, acting through the Office of the Director of NIH, shall consider— (1) the extent to which an award for the spe- cific instrument involved would meet the sci- entific needs and enhance the planned re- search endeavors of the major users by pro- viding an instrument that is unavailable or to which availability is highly limited; (2) with respect to the instrument involved, the availability and commitment of the appro- priate technical expertise within the major user group or the applicant institution for use of the instrumentation; (3) the adequacy of the organizational plan for the use of the instrument involved and the internal advisory committee for oversight of the applicant, including sharing arrangements if any; (4) the applicant’s commitment for contin- ued support of the utilization and mainte- nance of the instrument; and