On July 25 the U.S. Senate Environment and Public Works Committee gave its endorsement to
the Great Ape Protection and Cost Savings Act of 2011 (S. 810). This bill would eliminate
virtually all biomedical and much behavioral research involving chimpanzees, the only great
ape species utilized in health research. Although the committee approved the bill by voice vote,
three Republicans asked that their opposition be recorded. The committee’s action clears the way
for the full Senate to take up the legislation.
S. 810 would phase out all invasive research involving chimpanzees and send all government-owned
chimpanzees to sanctuaries. The bill uses a broad definition of the term “invasive” that would
preclude even procedures such as blood draws or MRI imaging studies if sedation were required.
During the markup the bill was amended so that chimpanzee research could be resumed in the event
of a public health crisis. However, to do so would require a series of steps, starting with the
convening of a Great Ape Research Task Force by Secretary of Health and Human Services. This Task
Force, charged with reviewing proposed research, would be required to consult with the USDA’s Animal
Welfare Information Center and would need to publish the proposals for public comment. The Task Force
is not, however, required to seek scientific input other than from two individuals, one with scientific
expertise in the use of great apes for the area of research under consideration, and one with scientific
expertise in the use of other research models.
The amendment was sponsored by Sen. Ben Cardin (D-MD), who said it provides an “independent process” to
determine when chimpanzee research might be necessary. Sen. James Inhofe (R-OK), the senior Republican on
the EPW Committee, made a point of going on the record in opposition to the bill, saying that it “goes too far.”
Inhofe noted that the last year’s Institute of Medicine (IOM) report “does not endorse an outright ban on
chimpanzee research.” He further noted that the IOM study cautioned that such a ban would be “disruptive”
and that “chimpanzees may prove uniquely important to unraveling the mystery of diseases that are unknown
today.” Senators Lamar Alexander (TN) and Sen. Mike Johanns (NE) also asked that their opposition to the bill be recorded.
NIH has already taken steps to implement the IOM’s criteria for assessing chimpanzee research through a
Chimpanzee Working Group established within the Division of Program Coordination, Planning, and Strategic
Initiatives. The IOM criteria include whether the proposed research addresses an important health problem;
whether an alternative research model is available; whether the animals will be provided appropriate housing
and care; and how the need for the research compares with its impact on the animals themselves.
GAPSCA supporters claim that a ban on chimpanzee research is justified because the IOM said that much current
chimpanzee research is unnecessary. However, the IOM also said that some chimpanzee research will be needed until
equally effective alternatives are available. Critics of GAPCSA note that it would phase out all so-called
invasive research, including studies that meet the IOM’s criteria as scientifically necessary and ethically
appropriate. The panel further stated that the U.S. should maintain its research capacity against the possibility
of new infectious disease challenges in the future. Critics say that the amended bill also fails to accomplish this.
S. 810 must still be considered by the full Senate. No legislative action has yet been taken on H.R. 1513,
which is the House version of the bill.