text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Postresearch Chimpanzee Care Act''.
  
  SEC. 2. ESTABLISHMENT OF NATIONAL SANCTUARY SYSTEM FOR FEDERALLY OWNED 
                OR SUPPORTED CHIMPANZEES NO LONGER NEEDED FOR RESEARCH.
  
      Subpart 1 of part E of title IV of the Public Health Service Act 
  (42 U.S.C. 287 et seq.) is amended by inserting after section 481B the 
  following section:
  
                 ``sanctuary system for surplus chimpanzees
  
      ``Sec. 481C. (a) In General.--The Secretary shall provide for the 
  establishment and operation in accordance with this section 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, including the establishment of regulations 
  under subsection (d), in consultation with the board of directors of 
  the nonprofit private entity that receives the contract under 
  subsection (e) (relating 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 
  sanctuary system. Subject to standards under subsection (d)(3), any 
  surplus chimpanzee that is not owned by the Federal Government shall be 
  accepted into the system if the owner transfers to the Federal 
  Government title to the chimpanzee.
      ``(d) Standards for Permanent Retirement of Surplus Chimpanzees.--
              ``(1) In general.--The Secretary shall by regulation 
          establish standards for operating the sanctuary system to 
          provide for the permanent retirement of surplus chimpanzees. In 
          establishing the standards, the Secretary shall consider the 
          recommendations of the National Research Council applicable to 
          surplus chimpanzees that are made in the report published in 
          1997 and entitled `Chimpanzees in Research--Strategies for 
          Their Ethical Care, Management, and Use'.
              ``(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. This subparagraph does not prohibit 
                  noninvasive behavioral studies of the chimpanzees, or 
                  medical studies conducted during the course of normal 
                  veterinary care that is provided for the benefit of the 
                  chimpanzees.
                      ``(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.
                      ``(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.
                      ``(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 the chimpanzees may not be 
                  discharged from the system.
                      ``(J) A provision that the Secretary may, in the 
                  discretion of the Secretary, accept into the system 
                  chimpanzees that are not surplus chimpanzees.
                      ``(K) Such additional standards as the Secretary 
                  determines to be appropriate.
              ``(3) Non-federal chimpanzees offered for acceptance into 
          system.--With respect to a surplus 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 
                          the date of the enactment of the Postresearch 
                          Chimpanzee Care Act, the chimpanzee was owned 
                          by the nonprofit private entity that receives 
                          the contract under subsection (e).
                              ``(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 National Center for 
                          Research Resources.
                  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 
                  Postresearch Chimpanzee Care 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.--Subject to the availability of funds 
          pursuant to subsection (g), the Secretary shall make an award 
          of a contract to a nonprofit private entity under which the 
          entity has the responsibility of operating (and establishing, 
          as applicable) the sanctuary system.
              ``(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) 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 15 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 a violation of the Animal 
                          Welfare Act.
                      ``(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 
                          three years.
                              ``(ii) The initial members of the board 
                          select, by a random method, one member from 
                          each of the four fields specified in 
                          subparagraph (A) to serve a term of two years 
                          and (in addition to the chair) one member from 
                          each of such fields to serve a term of three 
                          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 two 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), 50 
                  percent of such costs ($1 for each $1 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, the Secretary may for purposes of paragraph 
          (1) make a grant for the establishment of such an entity, 
          including paying the cost of incorporating the entity under the 
          law of one of the States.
      ``(f) Definitions.--For purposes of this section:
              ``(1) The term `permanent retirement', with respect to a 
          surplus chimpanzee, means that the chimpanzee has been accepted 
          into the sanctuary system, that under subsection (a) the system 
          provides for the lifetime care of the chimpanzee, that under 
          subsection (d)(2) the system does not permit the chimpanzee to 
          be used in research, that under such subsection the system will 
          not discharge the chimpanzee from the system, and that under 
          such subsection the system otherwise cares for the chimpanzee.
              ``(2) The term `sanctuary system' means the system 
          described in subsection (a).
              ``(3) The term `surplus chimpanzees' has the meaning 
          indicated for such term in subsection (a).
      ``(g) Funding.--
              ``(1) In general.--Of the amount appropriated under this 
          Act for fiscal year 2000 and each subsequent fiscal year, the 
          Secretary, subject to paragraph (2), shall reserve a portion 
          for purposes of the operation (and establishment, as 
          applicable) of the sanctuary system, 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 $15,000,000. The purposes for which 
          funds reserved under the preceding sentence may be expended 
          include the construction and renovation of facilities for the 
          sanctuary system, subject to section 496(b).
              ``(2) Limitation.--Funds may not be reserved for a fiscal 
          year under paragraph (1) unless the amount appropriated under 
          this Act for such year equals or exceeds the amount 
          appropriated under this Act for fiscal year 1998.''.
  
  SEC. 3. REPORT TO CONGRESS REGARDING NUMBER OF CHIMPANZEES AND FUNDING 
                FOR CARE OF CHIMPANZEES.
  
      With respect to 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, the Secretary of Health and Human 
  Services shall, not later than 120 days after the date of the enactment 
  of this Act, submit to the Congress a report providing the following 
  information:
              (1) The number of such chimpanzees in the United States, 
          whether owned or held by the Federal Government, any of the 
          States, or private entities.
              (2) An identification of any requirement imposed by the 
          Federal Government that, as a condition of the use of such a 
          chimpanzee in research by a non-Federal entity--
                      (A) fees be paid by the entity to the Federal 
                  Government for the purpose of providing for the care of 
                  the chimpanzee (including any fees for long-term care); 
                  or
                      (B) funds be provided by the entity to a State, 
                  unit of local government, or private entity for an 
                  endowment or other financial account whose purpose is 
                  to provide for the care of the chimpanzee (including 
                  any funds provided for long-term care).
              (3) An accounting for fiscal years 1997 and 1998 of all 
          fees paid and funds provided by non-Federal entities pursuant 
          to requirements described in subparagraphs (A) and (B) of 
          paragraph (2).
              (4) In the case of such fees, a specification of whether 
          the fees were available to the Secretary (or other Federal 
          officials) pursuant to annual appropriations Acts or pursuant 
          to permanent appropriations.
target: Postresearch Chimpanzee Care Act - Amends title IV of the Public Health Service Act to direct the Secretary of Health and Human Services to provide for the establishment and operation of a national sanctuary system for all surplus federally owned chimpanzees that are no longer needed in research conducted or supported by the National Institutes of Health, the Food and Drug Administration, or other Federal agencies.  Mandates that any surplus chimpanzee that is not owned by the Federal Government be accepted into the system if the owner transfers title to the chimpanzee to the Federal Government. Provides for standards for permanent retirement of surplus chimpanzees into the system.  Requires such standards to authorize the Secretary to authorize imposition of a fee (except in certain circumstances) for accepting a non-Federal chimpanzee into the system.  Outlines provisions for the awarding of contracts for operation of the system. Provides for funding.
feat_title: Postresearch Chimpanzee Care Act