,,ii #aaeth ,,congress #b;d ,session ,s4 #cggc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ah1 #bjah ,mr4 ,booker introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to require review and approval for future research on nonhuman primates1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,primate ,protection and ,research ,modernization ,act of #bjah4 #b4 ,findings ,congress finds that-- 7#a7 numerous recent high-profile research studies involving nonhuman primates1 both in private and government facilities1 raise serious concerns about animal welfare1 government waste1 and the scientific validity of the studies2 7#b7 most nonhuman primates used in research are owned or financially supported by the ,federal ,government2 7#c7 nonhuman primates are highly intelligent and social animals1 and most research laboratory environments do not meet the complex physical1 social1 and psychological needs of nonhuman primates2 7#d7 the ,institute of ,medicine and ,national ,research ,council report entitled ,chimpanzees in ,biomedical and ,behavioral ,research concluded that while the chimpanzee has been a valuable research model in the past1 most current uses of chimpanzees are unnecessary2 7#e7 the concerns relating to the scientific validity of using chimpanzees to model human disease are magnified in the case of research involving other nonhuman primates1 with whom humans are even less genetically and morphologically similar2 7#f7 nonhuman primate research is very often not effective in leading to treatments for humans1 as demonstrated by high failure rates for new drugs and the nonreproducibility of preclinical research results2 7#g7 alternatives to nonhuman primate research such as organs-on-chips technology and computer modeling are now available2 and 7#h7 nonhuman primates should only be used in research to fulfill an important public health objective and if no alternative research method exists4 #c4 ,definitions ,in this ,act3 7#a7 ,active protocol ,the term active protocol means a valid1 non-expired experimental plan approved by the animal use committee of a research institution4 7#b7 ,ethologically appropriate environment ,the term ethologically appropriate environment means a set of species-specific standards for the living conditions for captive nonhuman primates that-- 7,a7 is informed by scientific evidence and expertise from animal behaviorists2 7,b7 promotes the full range of the natural cognitive abilities of the nonhuman primate1 including healthy outlets to fulfill needs for inquisitiveness and inventiveness2 7,c7 comports with the natural social arrangements of the nonhuman primate as observed in the wild1 including the preservation of healthy maternal relationships1 familial groups1 colonies1 and pair-bonds2 7,d7 consists of a secure1 contained physical habitat that1 at a minimum-- 7i7 is sufficiently complex and appropriately sized so that the inhabitants can establish and maintain stable dominance hierarchies1 including the provision of secluded areas for submissive individuals to escape or hide from aggressors2 7ii7 has access to the outdoors with complex1 natural features and substrates1 such as grass1 dirt1 mulch1 and vegetation2 7iii7 provides foraging opportunities and diets that are varied1 nutritious1 and challenging to obtain2 and 7iv7 includes not fewer than #a climbing structure of sufficient height and complexity such that multiple individuals can climb or descend at the same time1 with the ability to rest on separate tiers2 and 7,e7 offers frequently changed enrichment that provides ample opportunities for interaction1 choice1 and self-determination4 7#c7 ,nonhuman primate ,the term nonhuman primate means any living animal of the taxonomic order ,primates except for individuals who belong to the genus ,homo4 7#d7 ,nonhuman primate research ,the term nonhuman primate research means any research performed involving a nonhuman primate1 including basic research1 translational or applied research1 observational research of nonhuman primates in captivity1 testing1 or other scientific procedures4 7#e7 ,person ,the term person means-- 7,a7 an individual1 corporation1 partnership1 trust1 association1 or any other private or nonprofit entity2 7,b7 any officer1 employee1 agent1 department1 or instrumentality of the ,federal ,government1 a ,state1 a political subdivision of a ,state1 or a unit of local government2 or 7,c7 any other entity subject to the jurisdiction of the ,united ,states4 7#f7 ,standing committee ,the term standing committee means the committee established under section #f7;a74 7#g7 ,suitable sanctuary ,the term suitable sanctuary means a nonprofit organization that-- 7,a7 operates a place of refuge where abused1 neglected1 unwanted1 impounded1 abandoned1 orphaned1 displaced1 or retired animals are provided care for the lifetime of the animal2 7,b7 does not conduct research on the animals that involves accompanying pain or distress2 7,c7 does not conduct any commercial activity with respect to the animals1 including1 at a minimum-- 7i7 the sale1 trade1 auction1 lease1 or loan of animals or animal parts2 or 7ii7 the use of animals in any manner in a for-profit business or operation2 7,d7 does not use the animals for entertainment purposes or in a traveling exhibit2 7,e7 does not breed any animals1 whether intentionally or by failing to use adequate birth control methods2 7,f7 does not allow members of the public the opportunity to come into physical contact with the animals2 and 7,g7 provides an ethologically appropriate environment4 7#h7 ,systematic review ,the term systematic review means an analysis of evidence that is conducted based on a predetermined1 comprehensive search strategy1 which is designed-- 7,a7 to capture all appropriate studies2 and 7,b7 to reduce bias in analyzing the data gleaned from those studies4 #d4 ,systematic reviews by the ,national ,academy of ,sciences 7a7 ,preexisting fields of research 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,national ,academy of ,sciences shall conduct a systematic review for each preexisting field of research in which the field of research has conducted nonhuman primate research to determine whether the nonhuman primate research has1 with respect to the field of research-- 7,a7 an established history of advancing that field of research2 and 7,b7 resulted in meaningful clinical interventions4 7#b7 ,continued review ,for any preexisting field of research for which a systematic review under paragraph 7#a7 has concluded that the use of nonhuman primates meets the requirements described in subparagraphs 7,a7 and 7,b7 of paragraph 7#a71 a systematic review shall be reconducted every #e years4 7b7 ,new fields of research ,for any new field of research in which the standing committee approves the use of nonhuman primates1 the ,national ,academy of ,sciences shall1 on request of the standing committee1 conduct a systematic review to determine whether the nonhuman primate research has-- 7#a7 advanced that field of research2 and 7#b7 resulted in meaningful clinical interventions4 #e4 ,prohibitions 7a7 ,prohibited nonhuman primate research 7#a7 ,in general ,subject to paragraph 7#b71 no person shall perform any nonhuman primate research unless that person has received prior approval for the nonhuman primate research from the standing committee4 7#b7 ,exception ,during the period ending on the date that is #b years after the date of enactment of this ,act1 the prohibition under paragraph 7#a7-- 7,a7 shall not apply to any active protocol commenced prior to the date of enactment of this ,act2 but 7,b7 shall apply to any renewal of an active protocol4 7b7 ,prohibition on foreign grants ,no ,federal funds may be awarded to a foreign organization or entity-- 7#a7 to support nonhuman primate research2 or 7#b7 to support an entity conducting nonhuman primate research4 7c7 ,restriction on domestic awards 7#a7 ,in general ,no ,federal funds may be awarded to any domestic organization to support nonhuman primate research unless the nonhuman primate research has received prior approval from the standing committee4 7#b7 ,exception ,the prohibition under paragraph 7#a7-- 7,a7 shall not apply to any awards or funds allocated prior to the date of enactment of this ,act2 but 7,b7 shall apply to any renewal of a nonhuman primate research project funded prior to the date of enactment of this ,act4 7d7 ,consumer products ,nonhuman primate research for consumer goods and products1 including nonhuman primate research to compare #a consumer product with another consumer product for marketing purposes1 is prohibited4 7e7 ,transfer of ownership prohibited ,no ,federal agency may transfer ownership of a nonhuman primate to a non-,federal entity unless the non-,federal entity is a suitable sanctuary4 7f7 ,exemptions ,nothing in this section limits or prevents-- 7#a7 individualized medical care performed on a nonhuman primate by a licensed veterinarian or physician conducted for the well-being of the individual nonhuman primate1 including a surgical procedure or a chemical treatment for birth control2 or 7#b7 the collection of biological samples to further the well-being of an individual nonhuman primate or a social group of nonhuman primates4 #f4 ,standing committee 7a7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services shall convene a standing committee to assess proposals for new nonhuman primate research1 in accordance with the criteria described in subsection 7c74 7b7 ,composition 7#a7 ,definition of advanced expertise in nonanimal research methods ,in this subsection1 the term advanced expertise in nonanimal research methods1 with respect to an individual1 means that not less than #ej percent of the body of work of the individual is completed using nonanimal research methodologies4 7#b7 ,requirements ,with respect to the membership of the standing committee-- 7,a7 #a_/d shall be ,federal employees of the ,department of ,health and ,human ,services1 the ,department of ,veterans ,affairs1 or the ,department of ,defense2 7,b7 #a_/d shall be ethologists or other individuals who have expertise in the behavioral and psychological needs of nonhuman primates1 but do not use or directly benefit from the use of nonhuman primates in invasive experimentation2 7,c7 #a_/d shall be individuals who have advanced expertise in nonanimal research methods2 7,d7 #a_/h shall be clinicians actively treating human patients2 and 7,e7 #a_/h shall be individuals who represent the interests of the nonhuman primates4 7c7 ,criteria for approval of research ,the standing committee may not approve any nonhuman primate research unless-- 7#a7 the standing committee determines that-- 7,a7 the research is for the prevention1 diagnosis1 or treatment of debilitating or life-threatening clinical conditions in human beings2 7,b7 no alternative research method exists2 and 7,c7 the nonhuman primates will be housed in an ethologically appropriate environment2 and 7#b7 if the ,national ,academy of ,sciences has commenced a systematic review under section #d for the field of research in which the use of a nonhuman primate is being proposed1 the systematic review concluded that the use of nonhuman primates meets the requirements described in subparagraphs 7,a7 and 7,b7 of section #d7;a77#a74 #g4 ,funding considerations ,all ,federal funding for nonhuman primate research provided after the date of enactment of this ,act shall include funding for the eventual retirement of the nonhuman primates used in the funded projects to a suitable sanctuary4 #h4 ,penalties and enforcement 7a7 ,civil fines ,any person who violates this ,act may be assessed a civil penalty of up to #aj1jjj per nonhuman primate1 per violation1 per day4 7b7 ,ineligibility for ,federal funds ,any person who violates this ,act shall be permanently precluded from receiving ,federal research funds4 7c7 ,district court jurisdiction ,the district courts of the ,united ,states shall have jurisdiction over any actions arising under this ,act4 7d7 ,rewards and certain incidental expenses 7#a7 ,in general ,the ,attorney ,general shall pay1 from sums received as fines for any violation of this ,act1 a reward to any person who furnishes information that leads to a civil fine4 7#b7 ,amount ,the amount of the reward is to be determined by the ,attorney ,general4 7e7 ,enforcement 7#a7 ,in general ,this ,act shall be enforced by the ,attorney ,general4 7#b7 ,warrants ,the judges of the district courts of the ,united ,states and the magistrate judges may1 within their respective jurisdictions1 on proper oath or affirmation showing probable cause1 issue any warrants or other process as may be required for enforcement of this ,act4 7#c7 ,forfeiture 7,a7 ,nonhuman primates ,any nonhuman primates used or held contrary to the provisions of this ,act shall be subject to forfeiture to the ,united ,states and shall be placed in a suitable sanctuary4 7,b7 ,equipment ,any equipment or other materials used in the course of holding or using nonhuman primates contrary to the provisions of this ,act shall be subject to forfeiture to the ,united ,states4 7f7 ,citizen suits 7#a7 ,civil action on own behalf ,except as provided in paragraph 7#c71 any person may commence a civil action on his or her own behalf to enjoin any person1 including the ,united ,states and any other governmental instrumentality or agency1 who is alleged to be in violation of any provision of this ,act4 7#b7 ,civil action on behalf of ,federal ,government 7,a7 ,in general ,except as provided in paragraph 7#c71 any person may commence a civil action in the name of the ,federal ,government against any person1 except for the ,united ,states and any other governmental instrumentality or agency1 who is alleged to be in violation of any provision of this ,act1 and may seek injunctive relief and civil fines under that civil action4 7,b7 ,fines 7i7 ,in general ,a court may award a person bringing a civil action under subparagraph 7,a7 an amount that the court decides is reasonable for collecting the civil fine under subsection 7a74 7ii7 ,limitation ,the amount under clause 7i7 shall be not less than #be percent and not more than #cj percent of the proceeds of the action or settlement and shall be paid out of those proceeds4 7#c7 ,exceptions ,no civil action may be commenced under paragraphs 7#a7 or 7#b7-- 7,a7 earlier than the date that is #fj days after the date on which written notice of the violation has been given to-- 7i7 the ,attorney ,general2 and 7ii7 the alleged violator2 or 7,b7 if the ,department of ,justice has commenced action to impose a civil fine under subsection 7a74 7#d7 ,intervention ,in any suit under this subsection in which the ,united ,states is not a party1 the ,attorney ,general may intervene on behalf of the ,united ,states as a matter of right4 7#e7 ,costs of litigation ,the court1 in issuing any final order in any suit brought under this subsection1 may award costs of litigation 7including reasonable attorney and expert witness fees7 to any party1 if the court determines the award is appropriate4