How many chimpanzees are in U.S. laboratories? Who are they? What kinds of experiments are they subjected to? What are their living conditions?
The answers to these questions should be readily available to the public, but uncovering these facts is often a painstaking, lengthy process that in the end may yield little or confusing information. At worst, finding such information can be nearly impossible - a situation that allows the welfare of the animals used for biomedical research to be largely hidden from public view.
The most comprehensive and direct information on what nonhuman species endure in research comes from former laboratory workers who feel compelled to speak about their experiences.
In our quest to provide accurate and insightful information, Project R&R welcomes any feedback or additional knowledge about the current or historic use of chimpanzees in U.S. labs.
The Freedom of Information Act: a crucial, but limited tool
The main tool for the public to obtain information about the work of federal agencies is the Freedom of Information Act (FOIA). FOIA is a crucial accountability tool, but the request process is slow, laborious, and sometimes expensive. The law has many loopholes that allow federal agencies to dodge or refuse information requests. Read more about FOIA and its limits. It applies only to documents available at government agencies.
To obtain information about chimpanzees in federal and private laboratories, Project R&R has submitted and resubmitted many FOIA requests. Most take months to obtain a response and when they arrive, often cite numerous exemptions as grounds to withhold complete information.
Limited information obtainable through FOIA
All laboratory facilities using chimpanzees are required to abide by the federal Animal Welfare Act (AWA). Research facilities must register with the USDA and are subject to yearly inspections by USDA’s Animal and Plant Inspection Service (APHIS). This requirement does not apply to federal research laboratories such as the Center for Disease Control or the Department of Defense. (Read more: Animal Welfare Act.)
USDA/APHIS inspection reports are available under FOIA, however many animal advocacy groups have experienced on-going problems obtaining such information (read more below).
Laboratories are also required to submit an annual report to USDA/APHIS to include:
- Stated compliance with the AWA
- Assurance that researchers examined alternatives to painful procedures.
- A list of the names/numbers of all animals used or held for teaching, research, experiments, or testing*
- A summary and explanation of all situations in which an animal was subjected to pain and distress without relief. (1)
These annual reports are also available under FOIA through requests to USDA/APHIS.
The AWA also requires that private facilities form oversight committees called Institutional Animal Care & Use Committees (IACUC) - essentially self-policing committees whose members are selected by the head of the facility. These committees have a number of duties, including approving research protocols and conducting semi-annual reports noting any violations of or exceptions to AWA regulations. These reports are not publicly accessible.
Other information required to be maintained on-site by private facilities regarding their use of animals for research is also not publicly available. These records often provide crucial details to the actual day-to-day existence of animals in labs. In some states certain information may be accessible via state-level laws (read below about state open record laws).
Federal research facilities
Federal agencies are not inspected by APHIS. They are required to set up a committee with the same member composition and responsibilities as IACUCs, but these committees report any deviations from AWA requirements to the head of the agency conducting the research rather than APHIS. (2)
Information on federal grants
Information on federal grants provided to government agencies and private companies is available via a database hosted by the National Institutes of Health (NIH) referred to as CRISP (Computer Retrieval of Information on Scientific Projects). This database is searchable by institution, name of investigator (researcher), and subject. It typically provides an abstract and sometimes other scant information about the protocol.
Private facilities โ a convenient exemption to FOIA
FOIA only applies to government agencies. Private companies and institutions using animals for research are not required to disclose to the public the ways in which they use them. However, many facilities which are partly federally funded refuse to comply with FOIA requests claiming to be private entities. For example, Yerkes Primate Research Lab and the Southwest Foundation for Biomedical Research are both designated as National Primate Research Facilities and receive government funds for primate research. Yet both have refused to disclose records requested under FOIA โ claiming to be private facilities.
In fact, portions of records may be deleted under nine FOIA exemptions, including information deemed to divulge trade secrets or commercial /financial information, or information for law enforcement purposes (such as a pending case related to animal welfare issues). (3) Such exemptions allow facilities to argue that sensitive records do not have to be disclosed.
Problems with FOIA compliance
In recent years, it has become increasingly difficult for public interest and advocacy groups to receive information about federal agencies through FOIA. In 2002, under pressure from pro-research groups citing security concerns, the USDA removed research facilities’ annual reports and APHIS inspection reports from its website. (4)
The Humane Society of the United States (HSUS) and other animal protection groups have also experienced excessive delays in the USDA’s response to FOIA requests โ in some cases for up to four years. In January of 2005, on behalf of ten animal protection organizations in the United States, the HSUS filed suit against the USDA.
State open records laws
Most state have their own versions of FOIA-type laws, referred to as Open Records, Open Meetings, Open Government or Sunshine laws. These laws may cover state and/or local records and vary widely. For more information link to:
- The University of Missouri’s watchdog organization, The Freedom of Information Center.
- A U.S. map with links to each state’s FOIA-type laws
- The Marion Brechner Citizen Access Project, from the College of Journalism and Communications at the University of Florida provides a wealth of information, including state law summaries and ratings.
FOR MORE INFORMATION:
- Learn more about FOIA
- HSUS lawsuit to obtain USDA/APHIS annual laboratory reports and inspection reports.
- Even where information is obtained showing non-compliance of the Animal Welfare Act, efforts to ensure the humane treatment of the non-human species involved are exceedingly difficult. For more information, read The AWA: An overview and critique
Sources
(1) 9 C.F.R., Section 2.36
(2) 9 C.F.R., Section 2.37
(3) 5 U.S.C. ยง 552 (b) (1-9)
(4) Animal Protection Groups Urge USDA To Return Reports To Web Site
