Humane Care for Primates Act of 2013 - Directs the Secretary of Health and Human Services (HHS) to promulgate a final rule revising federal regulations regarding the importation of nonhuman primates (i.e. chimpanzees, gorillas, orangutans, macaques, and numerous other species) to expand the categories of uses for which nonhuman primates may be imported and distributed to include live nonhuman primates imported into the United States by a certified primate sanctuary for purposes of providing lifetime shelter and care.
Requires such rule to establish a process for the certification of facilities as primate sanctuaries for purposes of the importation, shelter, and care of nonhuman primates.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3556 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3556
To establish a program to assist in the importation and care of abused,
injured, or abandoned nonhuman primates.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 20, 2013
Mrs. Ellmers (for herself and Mr. DeFazio) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To establish a program to assist in the importation and care of abused,
injured, or abandoned nonhuman primates.
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 ``Humane Care for Primates Act of
2013''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Nonhuman primates, such as chimpanzees, gorillas,
orangutans, macaques, and numerous other species, often face
abusive and cruel captive conditions in other countries.
(2) There is growing evidence that, absent a suitable
humane alternative, these primates will remain or be placed in
other cruel captive conditions and face inhumane deaths in
areas outside the United States.
(3) Regulations of the Centers for Disease Control and
Prevention allow importation of nonhuman primates only for
scientific, educational, or exhibition purposes and not for
humane lifetime shelter and care in appropriate primate
sanctuaries.
(4) Many of these animals could be obtained by certified
primate sanctuaries in the United States and provided with
shelter and care for the remainder of their natural lives in a
species-appropriate, humane environment if allowed by law to be
imported for such purpose.
SEC. 3. DEFINITIONS.
In this Act:
(1) The term ``certified primate sanctuary'' means a
primate sanctuary that has been certified by the Secretary
pursuant to section 4.
(2) The term ``nonhuman primates'' means the species
included in the biological order Primates, except Homo sapiens.
(3) The term ``primate sanctuary'' means a facility that--
(A) rescues and provides lifetime shelter and care
for animals that have been abused, injured, or
abandoned, or are otherwise in need;
(B) is an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code;
(C) does not commercially trade in any animals,
including animal parts, animal byproducts, and animal
offspring;
(D) does not intentionally breed or propagate
nonhuman primates;
(E) does not allow direct contact between the
public and nonhuman primates;
(F) does not allow unescorted public visitation at
the facility, except for discrete, nonintrusive
observation by individuals approved by the sanctuary;
(G) does not allow animals to be removed from the
facility, or from the animals' enclosures, for
exhibition or education; and
(H) does not conduct research on animals, except
where the facility determines that--
(i) the health and welfare of the animal
involved is best served by participating in a
treatment study; and
(ii) the facility reasonably believes that
the outcome of the study will provide a
tangible benefit to the animal involved.
(4) The term ``Secretary'' means the Secretary of Health
and Human Services.
SEC. 4. IMPORTATION OF NONHUMAN PRIMATES.
(a) In General.--Not later than 12 months after the date of
enactment of this Act, the Secretary, consistent with section 361 of
the Public Health Service Act (42 U.S.C. 264; relating to control of
communicable diseases), shall promulgate a final rule revising section
71.53(c) of title 42, Code of Federal Regulations, to expand the
categories of uses for which nonhuman primates may be imported and
distributed to include live nonhuman primates imported into the United
States by a certified primate sanctuary for purposes of providing
lifetime shelter and care.
(b) Certification Process.--
(1) Establishment.--The rule required by subsection (a)
shall establish a process under which the Secretary certifies
facilities as primate sanctuaries for purposes of the
importation, shelter, and care of nonhuman primates, as
described in subsection (a).
(2) Criteria.--The Secretary shall require, as a condition
of such certification, that a facility--
(A) is a primate sanctuary, as defined in section
3; and
(B) satisfies any other criteria that--
(i) are determined to be appropriate by the
Secretary; and
(ii) are consistent with the criteria
specified in the definition of a primate
sanctuary in section 3.
(3) Applications.--To seek certification under this Act, a
primate sanctuary shall submit an application in such form, in
such manner, and containing such information as the Secretary
may require. Any information in an application for
certification under this Act shall be protected from disclosure
as provided in section 552(b)(4) of title 5, United States
Code.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Health.
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