From the U.S. House of Representatives Downloadable U.S. Code
[uscode.house.gov]
[Laws in effect as of January 5, 1999]

[CITE: 42USC289d]

 
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES
    Part H - General Provisions
 
-HEAD-
    Sec. 289d. Animals in research
 
-STATUTE-
    (a) Establishment of guidelines
      The Secretary, acting through the Director of NIH, shall
    establish guidelines for the following:
        (1) The proper care of animals to be used in biomedical and
      behavioral research.
        (2) The proper treatment of animals while being used in such
      research.  Guidelines under this paragraph shall require -
          (A) the appropriate use of tranquilizers, analgesics,
        anesthetics, paralytics, and euthanasia for animals in such
        research; and
          (B) appropriate pre-surgical and post-surgical veterinary
        medical and nursing care for animals in such research.
      Such guidelines shall not be construed to prescribe methods of
      research.
        (3) The organization and operation of animal care committees in
      accordance with subsection (b) of this section.
    (b) Animal care committees; establishment; membership; functions
      (1) Guidelines of the Secretary under subsection (a)(3) of this
    section shall require animal care committees at each entity which
    conducts biomedical and behavioral research with funds provided
    under this chapter (including the National Institutes of Health and
    the national research institutes) to assure compliance with the
    guidelines established under subsection (a) of this section.
      (2) Each animal care committee shall be appointed by the chief
    executive officer of the entity for which the committee is
    established, shall be composed of not fewer than three members, and
    shall include at least one individual who has no association with
    such entity and at least one doctor of veterinary medicine.
      (3) Each animal care committee of a research entity shall -
        (A) review the care and treatment of animals in all animal
      study areas and facilities of the research entity at least
      semi-annually to evaluate compliance with applicable guidelines
      established under subsection (a) of this section for appropriate
      animal care and treatment;
        (B) keep appropriate records of reviews conducted under
      subparagraph (A); and
        (C) for each review conducted under subparagraph (A), file with
      the Director of NIH at least annually (i) a certification that
      the review has been conducted, and (ii) reports of any violations
      of guidelines established under subsection (a) of this section or
      assurances required under paragraph (1) which were observed in
      such review and which have continued after notice by the
      committee to the research entity involved of the violations.
    Reports filed under subparagraph (C) shall include any minority
    views filed by members of the committee.
    (c) Assurances required in application or contract proposal;
        reasons for use of animals; notice and comment requirements for
        promulgation of regulations
      The Director of NIH shall require each applicant for a grant,
    contract, or cooperative agreement involving research on animals
    which is administered by the National Institutes of Health or any
    national research institute to include in its application or
    contract proposal, submitted after the expiration of the
    twelve-month period beginning on November 20, 1985 -
        (1) assurances satisfactory to the Director of NIH that -
          (A) the applicant meets the requirements of the guidelines
        established under paragraphs (1) and (2) of subsection (a) of
        this section and has an animal care committee which meets the
        requirements of subsection (b) of this section; and
          (B) scientists, animal technicians, and other personnel
        involved with animal care, treatment, and use by the applicant
        have available to them instruction or training in the humane
        practice of animal maintenance and experimentation, and the
        concept, availability, and use of research or testing methods
        that limit the use of animals or limit animal distress; and
        (2) a statement of the reasons for the use of animals in the
      research to be conducted with funds provided under such grant or
      contract.
    Notwithstanding subsection (a)(2) of section 553 of title 5,
    regulations under this subsection shall be promulgated in
    accordance with the notice and comment requirements of such
    section.
    (d) Failure to meet guidelines; suspension or revocation of grant
        or contract
      If the Director of NIH determines that -
        (1) the conditions of animal care, treatment, or use in an
      entity which is receiving a grant, contract, or cooperative
      agreement involving research on animals under this subchapter do
      not meet applicable guidelines established under subsection (a)
      of this section;
        (2) the entity has been notified by the Director of NIH of such
      determination and has been given a reasonable opportunity to take
      corrective action; and
        (3) no action has been taken by the entity to correct such
      conditions;
    the Director of NIH shall suspend or revoke such grant or contract
    under such conditions as the Director determines appropriate.
    (e) Disclosure of trade secrets or privileged or confidential
        information
      No guideline or regulation promulgated under subsection (a) or
    (c) of this section may require a research entity to disclose
    publicly trade secrets or commercial or financial information which
    is privileged or confidential.
 
-SOURCE-
    (July 1, 1944, ch. 373, title IV, Sec. 495, as added Pub. L.
    99-158, Sec. 2, Nov. 20, 1985, 99 Stat. 875.)
 
-MISC1-
      PROHIBITION ON FUNDING OF PROJECTS INVOLVING USE OF CHIMPANZEES
                           OBTAINED FROM THE WILD
      Pub. L. 102-394, title II, Sec. 213, Oct. 6, 1992, 106 Stat.
    1812, provided that: ''No funds appropriated under this Act or
    subsequent Departments of Labor, Health and Human Services, and
    Education, and Related Agencies Appropriations Acts shall be used
    by the National Institutes of Health, or any other Federal agency,
    or recipient of Federal funds on any project that entails the
    capture or procurement of chimpanzees obtained from the wild.  For
    purposes of this section, the term 'recipient of Federal funds'
    includes private citizens, corporations, or other research
    institutions located outside of the United States that are
    recipients of Federal funds.''
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 102-170, title II, Sec. 213, Nov. 26, 1991, 105 Stat.
    1127.
      Pub. L. 101-517, title II, Sec. 211, Nov. 5, 1990, 104 Stat.
    2209.
      Pub. L. 101-166, title II, Sec. 214, Nov. 21, 1989, 103 Stat.
    1178.
                    PLAN FOR RESEARCH INVOLVING ANIMALS
      Section 4 of Pub. L. 99-158 directed Director of National
    Institutes of Health to establish, not later than Oct. 1, 1986, a
    plan for research into methods of biomedical research and
    experimentation which reduces the use of animals in research or
    which produce less pain and distress in animals to develop methods
    found to be valid and reliable, to train scientists in use of such
    methods, to disseminate information on such methods and to
    establish an Interagency Coordinating Committee to assist in
    development of the plan, prior to repeal by Pub. L. 103-43, title
    II, Sec. 205(b), June 10, 1993, 107 Stat. 148. See section 283e of
    this title.