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H.R. 3980 (106th): Human Fetal Tissue Reporting and Disclosure Act of 2000

The text of the bill below is as of Mar 15, 2000 (Introduced).


HR 3980 IH

106th CONGRESS

2d Session

H. R. 3980

To amend the Public Health Service Act with respect to disclosures regarding transfers of human fetal tissue.

IN THE HOUSE OF REPRESENTATIVES

March 15, 2000

Mr. COBURN (for himself, Mr. TANCREDO, Mr. PITTS, Mrs. CHENOWETH-HAGE, Mr. LARGENT, Mr. DEMINT, Mr. NORWOOD, Mr. HOEKSTRA, Mr. MCINTOSH, Mr. DELAY, Mr. TERRY, Mr. SCHAFFER, Mr. DOOLITTLE, Mr. RYUN of Kansas, Mr. GUTKECHT, Mr. CANADY of Florida, Mr. STEARNS, Mr. ISTOOK, Mr. PICKERING, Mr. SHADEGG, Mr. HOSTETTER, Mr. TALENT, Mr. GARY MILLER of California, Mr. BURTON of Indiana, and Mr. TIAHRT) introduced the following bill; which was referred to the Committee on Commerce


A BILL

To amend the Public Health Service Act with respect to disclosures regarding transfers of human fetal tissue.

    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 ‘Human Fetal Tissue Reporting and Disclosure Act of 2000’.

SEC. 2. TRANSFERENCE OF HUMAN FETAL TISSUE; DISCLOSURE ON TRANSPLANTATION OF FETAL TISSUE.

    Part H of title IV of the Public Health Service Act (42 U.S.C. 289 et seq.) is amended by inserting after section 498B the following section:

‘SEC. 498C. TRANSFERENCE OF HUMAN FETAL TISSUE; DISCLOSURE ON TRANSPLANTATION OF FETAL TISSUE.

    ‘(a) REQUIREMENT- With respect to human fetal tissue (as defined in section 498A), any entity that is to receive fetal tissue for any purpose, other than solely for the purpose of pathological examination, shall file with the Secretary a disclosure statement that meets the requirements of subsection (b).

    ‘(b) CONTENTS- A disclosure statement meets the requirements of this subsection if the statement contains--

      ‘(1) a list (including the names, addresses, and telephone numbers) of each entity that has obtained possession of the human fetal tissue involved prior to its possession by the filing entity, including any entity used solely to transport the fetal tissue and the tracking number used to identify the packaging of such tissue;

      ‘(2) a description of the use that is to be made of the fetal tissue involved by the filing entity and the end user (if known);

      ‘(3) a verification that the fetal tissue was obtained with the legal consent of the donor of the tissue;

      ‘(4) a description of the type of fetal tissue involved, including a determination of whether the tissue was obtained from an induced abortion;

      ‘(5) a description of the quantity of fetal tissue involved;

      ‘(6) a description of the amount of money, all fees, or any other object or other considerations of value, that is transferred as a result of the transference of the fetal tissue involved, including any fees received to transport such fetal tissue to the end user; including the amount of such fee; and

      ‘(7) any other information determined appropriate by the Secretary.

    ‘(c) DISCLOSURE TO SHIPPERS- Any entity that enters into a contract for the shipment of a package containing human fetal tissue described in subsection (a) shall--

      ‘(1) notify the shipping entity that the package to be shipped contains human fetal tissue;

      ‘(2) prominently label the outer packaging so as to indicate that the package contains human fetal tissue;

      ‘(3) ensure that the shipment is done in a manner that is acceptable for the transfer of biomedical material; and

      ‘(4) ensure that a tracking number is provided for the package and disclosed as required under subsection (b).

    ‘(d) DEFINITION- In this section, the term ‘filing entity’ means the entity that is filing the disclosure statement required under this section.

    ‘(e) RULE OF CONSTRUCTION- Nothing in this section shall permit the disclosure of--

      ‘(1) the identity of any physician, health care professional, or individual involved in the provision of abortion services;

      ‘(2) the identity of any woman who obtained an abortion; and

      ‘(3) any information that could reasonably be used to determine the identity of individuals or entities mentioned in paragraphs (1) and (2).

    ‘(f) VIOLATIONS- Violation of this section shall be punishable by a fine of not less than $10,000 per incident.’.

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