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                                                       Calendar No. 557
112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-242

======================================================================



 
               GREAT APE PROTECTION AND COST SAVINGS ACT 
                                OF 2011

                                _______
                                

               November 30, 2012.--Ordered to be printed

                                _______
                                

    Mrs. Boxer, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 810]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 810) to prohibit the conducting of invasive 
research on great apes, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.

                    GENERAL STATEMENT AND BACKGROUND

    While chimpanzee research has helped in the past to address 
certain diseases, current research is rapidly moving away from 
the use of Chimpanzees. At Congress' request, the National 
Institutes of Health (NIH) commissioned the Institute of 
Medicine (IOM) to assess the current and anticipated need for 
chimpanzee biomedical research. After nine months of 
evaluation, discussion and review, which included hearing from 
the nation's leading experts in chimpanzee research and many 
science and animal advocacy groups, the IOM issued its report 
in December 2011, concluding--

          ``While the chimpanzee has been a valuable animal 
        model in past research, most current use of chimpanzees 
        for biomedical research is unnecessary, based on the 
        criteria established by the committee, except 
        potentially for two current research uses.''
          ``The present trajectory indicates a decreasing 
        scientific need for chimpanzee studies due to the 
        emergence of non-chimpanzee models and technologies.''

    The Great Ape Protection and Cost Savings Act of 2011 
includes prohibitions on invasive research on great apes. The 
legislation also requires the Secretary of Health and Human 
Services (HHS), within three years of enactment, to permanently 
retire all great apes that are owned by the federal government 
and that are being maintained in any facility for the purpose 
of conducting invasive research.
    However, the bill as reported also recognizes that new or 
emerging diseases could present unique challenges in the future 
and establishes a process for future consideration of invasive 
research necessary to address a new, emerging, or reemerging 
threat.

                     OBJECTIVES OF THE LEGISLATION

    The Great Ape Protection and Cost Savings Act of 2011 seeks 
to prohibit the conducting of invasive research on great apes, 
except in instances where a determination is made that a new, 
emerging or reemerging disease requires the use of great apes 
for invasive research.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides that this Act may be cited as the 
``Great Ape Protection and Cost Savings Act of 2012''.

Section 2. Findings and purpose

    Section 2 provides Congressional findings regarding 
invasive research on great apes and describes the purposes of 
the Act.

Section 3. Definitions

    Section 3 defines terms used in the Act.

Section 4. Prohibitions

    Section 4 prohibits the following--
           invasive research on a great ape;
           possession or housing a great ape for the 
        purpose of conducting invasive research;
           use of federal funds for invasive research 
        on a great ape;
           breeding of a great ape for the purpose of 
        conducting or facilitating invasive research;
           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 of a great ape by a 
        Federal agency to any non-Federal entity other than a 
        suitable sanctuary
    Section 4 includes an exemption provision clarifying that 
nothing in the 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.

Section 5. Invasive research to address human health threats

    Section 5 establishes a process for approval of invasive 
research when a new, emerging or reemerging disease or disorder 
presents a challenge to treatment, prevention or control that 
defies non-great ape models and technologies. If research is 
approved under this section, the prohibitions of section 4 do 
not apply.
    Three years after the date of enactment, the Secretary of 
Health and Human Services (Secretary) may issue a preliminary 
finding that great apes may be required because a new, emerging 
or reemerging disease or disorder presents a challenge to 
treatment, prevention or control that defies non-great ape 
models and technologies.
    If the Secretary makes such a finding, the Secretary must 
convene the Great Ape Research Task Force, which consists of--
           the Secretary,
           the Director of the National Institutes of 
        Health,
           the Secretary of Defense,
           the Secretary of the Interior,
           the President of the Institute of Medicine,
           the Chair of the Association of Zoos and 
        Aquariums Ape Taxon Advisory Group,
           an individual appointed by the Secretary 
        with scientific expertise in the use of great apes in 
        areas of research relating to the disease or disorder 
        for which the Task Force is considering authorizing 
        invasive research,
           an individual appointed by the Secretary 
        with scientific expertise in the use of research models 
        that do not use great apes in areas of research 
        relating to the disease or disorder for which the Task 
        Force is considering authorizing invasive research, and
           an individual appointed by the Secretary who 
        is a representative of an animal protection 
        organization.
    The Task Force must review proposed research protocols and 
determine whether to authorize invasive research on great apes. 
In reviewing protocols, the Task Force must consult with the 
Animal Welfare Information Center. The Secretary must also 
allow public comment on any proposed research protocol prior to 
final authorization. The Task Force may issue written 
authorization for a person to carry out an approved research 
protocol if it determines based on the best scientific evidence 
available that the following criteria are met--
           for invasive research for biomedical 
        purposes--there is no suitable model available other 
        than great apes; the research in question cannot be 
        performed ethically on human subjects; foregoing the 
        use of great apes will significantly slow or prevent 
        important advancements to prevent, control, or treat 
        life-threatening or debilitating conditions; and the 
        research has not already been found to be unnecessary 
        by a committee of the Institute of Medicine
           for invasive research for comparative 
        genomics and behavioral studies--a study using great 
        apes would provide otherwise unattainable insight; each 
        experiment is performed on acquiescent animals, using 
        techniques that are minimally invasive, and in a manner 
        that minimizes pain and distress; and the research has 
        not already been found to be unnecessary by a committee 
        of the Institute of Medicine.
    The Task Force must require any person carrying out 
authorized research to identify each individual great ape on 
which research will be performed, minimize pain and physical 
and mental harm or distress to the great ape, and maintain the 
great ape in ethologically appropriate physical and social 
environments throughout the course of the authorized research 
protocol.
    Section 5 states that the Federal Advisory Committee Act 
does not apply to the Task Force.
    This section clarifies that nothing in this section 
authorizes research on a great ape retired pursuant to the 
Chimpanzee Health Improvement, Maintenance, and Protection Act 
(P.L. 106-551).
    Section 5 requires the Secretary to submit a report to 
Congress detailing the findings and recommendations of the 
Working Group on the Use of Chimpanzees in NIH-supported 
Research of the Council of Councils of the National Institutes 
of Health (Working Group). The report must include any 
legislative recommendations relating to the Task Force and the 
requirements of this section that are necessary to ensure 
consistency with the recommendations of the Working Group.
    Section 5 authorizes the Secretary to promulgate 
regulations to carry out the findings and recommendations of 
the Working Group and the requirements of this section.

Section 6. Retirement

    Section 6 requires, within three years after the date of 
enactment, the Secretary to effectuate the permanent retirement 
of all great apes owned by the Federal Government for the 
purposes of breeding, holding for, or conducting invasive 
research.
    This section requires a federally owned great ape selected 
for invasive research authorized under Section 5 to be returned 
to a suitable sanctuary immediately after the research is 
concluded.

Section 7. Civil penalties

    Section 7 authorizes a civil penalty of not more than 
$10,000 for each violation of a provision of this Act. This 
section also clarifies that each day that a violation of this 
Act continues shall constitute a separate offense.

Section 8. Great Ape Sanctuary System Fund

    Section 8 establishes a Great Ape Sanctuary System Fund to 
receive funds equivalent to amounts collected as penalties 
under Section 7. Funds may be used for construction, 
renovation, and operation of the sanctuary system established 
pursuant to section 404K of the Public Health Service Act (42 
U.S.C. 283m).
    Section 8 requires the Secretary to submit an annual report 
on the deposits into and expenditures from the Fund, 
recommendations for additional authorities to fulfill the 
purpose of the Fund, and a statement of the balance remaining 
in the Fund at the end of each fiscal year.

Section 9. Effective dates

    Section 9 states that the prohibition on invasive research 
in Section 4(a) takes effect on the date that is three years 
after the date of enactment for great apes assigned to an 
active protocol on the date of enactment and immediately for 
great apes not assigned to an active protocol. The prohibitions 
in Section 4(b) and (c) on housing a great ape and providing 
Federal funding for great apes takes effect three years after 
the date of enactment.

Section 10. Severability

    Section 10 states that if any provision of the Act is held 
invalid or unenforceable in any respect, it shall not affect 
any other provision of this Act.

                          LEGISLATIVE HISTORY

    S. 810 was introduced by Senator Cantwell and 14 co-
sponsors on April 13, 2011. The bill was received, read twice, 
and referred to the Committee on Environment and Public Works. 
On July 25, 2012, the full Committee on Environment and Public 
Works met to consider the bill. The bill was ordered reported 
favorably, as amended, by voice vote.

                                HEARINGS

    On April 24th, 2012, the Water and Wildlife Subcommittee of 
the Senate Environment and Public Works Committee held a 
legislative hearing on multiple bills, including S. 810.

                             ROLLCALL VOTES

    The Committee on Environment and Public Works met to 
consider S. 810 on July 25, 2012. The Committee adopted an 
amendment offered by Senators Boxer and Cardin by voice vote. 
The bill, as amended, was ordered reported favorably by voice 
vote with Senators Alexander and Johanns recorded as ``no''.

                      REGULATORY IMPACT STATEMENT

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee notes that S. 810 
would prohibit invasive research on great apes, unless 
authorized by the research task force established in the bill. 
The bill will not cause any adverse impact on the personal 
privacy of individuals.

                          MANDATES ASSESSMENT

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee noted that the Congressional 
Budget Office has found, ``S. 810 would impose 
intergovernmental and private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) by prohibiting invasive 
research on great apes, unless authorized by the research task 
force established in the bill . . . CBO estimates that the cost 
of the mandate would be small and would not exceed the annual 
thresholds established in UMRA for intergovernmental or 
private-sector mandates.''

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 12, 2012.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 810, the Great Ape 
Protection and Cost Savings Act of 2011.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jamease 
Miles.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 810--Great Ape Protection and Cost Savings Act of 2011

    Summary: The Great Ape Protection and Cost Savings Act of 
2011 would prohibit invasive research on a great ape, as well 
as the transport or breeding of great apes to be used in such 
research within and outside of the United States. For great 
apes that are owned by or are under the control of the federal 
government, the bill also would require their permanent 
retirement and lifetime care in a suitable sanctuary. In 
addition, the bill would establish the Great Ape Sanctuary 
System Fund to support the construction, renovation, and 
operation of the sanctuary system. Civil monetary penalties 
collected as a result of violations of the bill would be used 
to endow the Great Ape Sanctuary System Fund.
    CBO estimates that implementing S. 810 would cost $56 
million over the 2013-2017 period, assuming appropriation of 
the necessary amounts. Because fines may be collected as a 
result of violations of this legislation, there could be an 
increase in revenues and direct spending; therefore, pay-as-
you-go procedures apply. However, CBO estimates that any 
effects on revenues and direct spending would be insignificant 
for each year.
    S. 810 would impose intergovernmental and private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
by prohibiting invasive research on great apes, unless 
authorized by the research task force established in the bill. 
Based on information from public and private entities, 
including research institutions, CBO estimates that the cost of 
the mandates would be small and would not exceed the 
intergovernmental or private-sector thresholds established in 
UMRA ($73 million and $146 million, respectively, in 2012, 
adjusted annually for inflation).
    Estimated cost to the federal Government: The estimated 
budgetary impact of S. 810 is shown in the following table. The 
costs of this legislation fall within budget function 550 
(health).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2013     2014     2015     2016     2017   2013-2017
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATIONa

Estimated Authorization Level...........................       30        4        8        7        7        56
Estimated Outlays.......................................        9       25        8        7        7       56
----------------------------------------------------------------------------------------------------------------
aEnacting S. 810 could affect revenues and direct spending from the collection and spending of fines, but CBO
  estimates that any such effects would be insignificant for each year.

    Basis of estimate: At present, CBO understands that the 
National Institutes of Health (NIH) is the only federal agency 
that provides financial support for research that involves the 
use of great apes, namely chimpanzees, for invasive research. 
NIH also supports research that involves the use of chimpanzees 
for behavioral and observational studies. Under the bill, 
chimpanzees intended for use in invasive research would be 
retired; other chimpanzees would remain available for 
behavioral and observational research. Based on a 2011 report 
by the Institute of Medicine and National Research Council of 
the National Academies, CBO estimates that about 440 
government-owned chimpanzees are available for use in invasive 
research.
    Implementing S. 810 would require start-up expenditures to 
establish a suitable sanctuary with sufficient capacity to 
accommodate the retired chimpanzees and transport them to the 
sanctuary, as well as ongoing costs for the care of the 
chimpanzees in the sanctuary. In addition, the budgetary effect 
of S. 810 would include any difference between the cost to NIH 
of invasive research that uses chimpanzees and the cost of 
alternative methods of conducting such studies.
    For this estimate, CBO assumes that S. 810 will be enacted 
near the end of calendar year 2012 and that the necessary 
amounts will be appropriated near the beginning of calendar 
year 2013 and near the start of each subsequent fiscal year. 
CBO estimates that implementing S. 810 would cost $56 million 
over the 2013-2017 period, assuming appropriations of the 
necessary amounts.
    It is unclear whether S. 810 would authorize appropriations 
for the existing sanctuary program for retired great apes. The 
amount authorized for that program is capped at a cumulative 
total of $30 million. CBO expects that cap will be reached by 
2014. This estimate reflects the incremental cost of expanding 
the existing sanctuary program to accommodate chimpanzees 
retired under S. 810, but does not incorporate the cost of 
continuing to operate the existing program after the cumulative 
cap on funding is reached.
    The bill would allow civil monetary penalties against any 
person who violates the bill three or more years after the date 
of enactment. Also, it would permit the expenditure of the 
amounts collected without subsequent appropriation action. For 
this estimate, CBO assumes that the affected chimpanzees would 
be retired and housed in a suitable sanctuary by that deadline. 
As a result, CBO estimates that any increases in both revenues 
(from civil monetary penalties) and direct spending from the 
amounts collected would be insignificant.

Construction and transportation costs

    The bill would require that all retired apes be placed in 
suitable sanctuaries as outlined in the Chimpanzee Health, 
Improvement, Maintenance & Protection (CHIMP) Act of 2000. CBO 
has identified only one existing sanctuary that meets the 
requirements of the CHIMP Act. However, that sanctuary has 
space for less than one-quarter of the chimpanzees expected to 
retire under the legislation. CBO estimates that expansion of 
that facility and transportation of the retired chimpanzees to 
the facility would cost about $30 million over three years, 
beginning in 2013. (Transportation costs account for less than 
$500,000 of that amount.)
    If a new sanctuary were established instead of expanding 
the existing sanctuary, the construction costs could be 
substantially higher and the three-year deadline for complying 
with the requirements of S. 810 probably would not be met. Non-
compliance could result in the collection of substantial civil 
monetary penalties and direct spending of the amounts 
collected.

Cost of caring for chimpanzees

    Under S. 810, CBO assumes that all chimpanzees would be 
moved to the sanctuary by December 2015. The estimate assumes 
that there is space for less than one-quarter of the 
chimpanzees estimated to be retired under the bill. Those 
chimpanzees could be moved immediately to the sanctuary upon 
enactment of the bill. The remaining chimpanzees would be moved 
as suitable living space becomes available. In addition, the 
estimate assumes that the costs for care of the chimpanzees 
will rise with inflation, but that the population of retired 
chimpanzees will decline as a result of chimpanzee mortality. 
CBO estimates that caring for the retired chimpanzees in the 
sanctuary would cost about $26 million over the 2013-2017 
period, assuming the appropriation of the necessary funds.

Cost of alternatives to invasive research

    By many estimates, chimpanzees and humans share 
approximately 98 percent of their DNA and are susceptible to 
many of the same infections. As a result, for some disease 
research, the chimpanzee is the only established non-human, 
animal model in which to test innovative new medicines and to 
understand the immune response to those medicines. While the 
National Institutes of Health could seek an exception for the 
use of a chimpanzee model in such circumstances from the Great 
Ape Research Task Force established under S. 810, it is unclear 
if an exception would be granted. The cost of developing and 
using alternative models for such research would probably 
exceed the cost of testing with existing chimpanzee models. 
However, because NIH is not required to develop alternative 
models and could either prolong the development of such models 
or shift their research priorities, CBO cannot determine what 
the net change in research spending might be over the next five 
years. As a result, CBO estimates that the provision that would 
prohibit invasive research using chimpanzees would not have a 
significant net effect on research spending by NIH.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. CBO estimates that the net changes in revenues and 
direct spending that are subject to those pay-as-you-go 
procedures under S. 810 would be insignificant.
    Intergovernmental and private-sector impact: S. 810 would 
impose intergovernmental and private sector mandates as defined 
in UMRA by prohibiting invasive research on great apes unless 
authorized by the research task force established in the bill. 
Public and private entities, including research institutions, 
that use, breed, house, or transport great apes for invasive 
research would be prohibited from continuing those activities. 
Based on information from public and private research 
institutions, CBO estimates that the cost of the mandate would 
be small and would not exceed the annual thresholds established 
in UMRA for intergovernmental or private-sector mandates ($73 
million and $146 million, respectively, in 2012, adjusted 
annually for inflation).
    Estimate prepared by: Federal costs: Jamease Miles and 
Martin von Gnechten; Impact on state, local, and tribal 
governments: Melissa Merrell and Sandra Trevino; Impact on the 
private sector: Danielle Parnass and Amy Petz.
    Estimate approved by: Holly Harvey, Deputy Assistant 
Director for Budget Analysis.

                        CHANGES IN EXISTING LAW

    Section 12 of rule XXVI of the Standing Rules of the Senate 
requires the committee to publish changes in existing law made 
by the bill as reported. Passage of this bill will make no 
changes to existing law.