Kool Aid to chimpanzee
Photo: © Michael Nichols. From Brutal Kinship (Aperture)

In 1997, the Institute for Laboratory Animal Research (ILAR) published a report regarding a formal admission by the NIH of a chimpanzee “surplus.”

Entitled “Chimpanzees in Research: Strategies for their Ethical Care, Management and Use,” (1) the report concluded that there is a “moral responsibility” for the long-term care of chimpanzees used in scientific research. The findings acknowledged the widespread public and government support for the creation of a “sanctuary” system.

The ILAR report became the basis for the Chimpanzee Health Improvement, Maintenance, and Protection Act (CHIMP Act) (2), which was signed into law by President Clinton on December 20, 2000. The law created a federally supported system to “provide for the life-time care of chimpanzees that [sic] 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…” (3)

Historic Advances

The CHIMP Act’s advances:
  • prohibited euthanasia of chimpanzees except for humane health reasons during an intractable illness. No chimpanzee can be killed simply because: they are no longer of “use,” the facility of overpopulated, or they are too costly to maintain. It is the first law to prohibit killing of a non human species for the convenience of the lab.
  • established a federally funded “retirement” system for chimpanzees no longer needed for research. As of 01/01/09 some 152 chimpanzees have been retired into the federal facility, Chimp Haven.
  • required that the government take responsibility for at least the partial cost of lifetime care for a former research subject outside of the laboratory setting. The Act provides for 90 percent and 75 percent federal funding, respectively, to establish and maintain “retirement” facilities.
The CHIMP Act’s limitations:
  • no objective criteria for which chimpanzees should be considered for retirement
  • total lab discretion as to when a chimpanzee is considered for retirement
  • under certain circumstances a “retired” chimpanzee could be returned to research
The CHIMP Act amendment:
  • In December 2007, the ”Chimp Haven is Home Act” amendment was signed into law. It prohibited returning chimpanzees to research once they are retired into federal sanctuary (chimpanzees in privately funded sanctuaries always had this protection.) Prior to this amendment, the CHIMP Act allowed chimpanzees in federal sanctuary to be called back into research even though by the time they would have been “retired,” they would have been deemed of “no use.” Most, if not all, would have been considered suitable to return to research. Nevertheless, the passage of this amendment, guaranteeing permanent sanctuary, reinforces a moral commitment to chimpanzees by the U.S. government.

Passage of the CHIMP Act and its amendment constituted a precedent-setting admission that chimpanzees have an ethical status not previously granted to any species other than humans. It was a crucial first step to calling for the end of research on all chimpanzees. Though groundbreaking, the CHIMP Act’s ability to help chimpanzees is still limited. However, once passed, the Great Ape Protection Act (GAPA) would require the retirement of all federally owned chimpanzees into sanctuary.

Sources

(1) ILAR, National Research Council, Chimpanzees in Research: Strategies for their Ethical Care, Management and Use (National Academy Press, Washington DC, 1997).

(2) 42 U.S.C. § 287a-3a (2000).

(3) 42 U.S.C. § 287a-3a(a).