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H.R. 437: Safe RESEARCH Act

The text of the bill below is as of Jan 10, 2019 (Introduced).


I

116th CONGRESS

1st Session

H. R. 437

IN THE HOUSE OF REPRESENTATIVES

January 10, 2019

(for himself, Mr. Duncan, Mr. Biggs, Mr. Arrington, Mr. Banks, Mr. Duffy, and Mrs. Roby) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To amend the Public Health Service Act to prohibit research with human fetal tissue obtained pursuant to an abortion, and for other purposes.

1.

Short title

This Act may be cited as the Safe Responsible Ethical Scientific Endeavors Assuring Research for Compassionate Healthcare Act or the Safe RESEARCH Act.

2.

Prohibition on research with human fetal tissue obtained pursuant to an abortion

(a)

In general

Section 498A of the Public Health Service Act (42 U.S.C. 289g–1) is amended—

(1)

in the section heading, by striking Research on transplantation of fetal tissue and inserting Research with fetal tissue;

(2)

by amending subsection (a) to read as follows:

(a)

Establishment of program

(1)

In general

The Secretary may conduct or support research with human fetal tissue, or research on modern, efficient alternatives to human fetal tissue such as organoids, induced pluripotent stem cells, and adult stem cells. The Secretary shall conduct or support any such research in accordance with this section.

(2)

Source of tissue

Human fetal tissue may be used in research carried out under paragraph (1) only if the tissue is obtained pursuant to a stillbirth.

;

(3)

in subsection (b)(2)—

(A)

by striking subparagraph (A); and

(B)

by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively;

(4)

in subsection (c)(1)(B), by striking may have been obtained pursuant to a spontaneous or induced abortion or pursuant to a stillbirth and inserting has been obtained pursuant to a stillbirth;

(5)

in subsection (e), by adding at the end the following new paragraph:

(3)

Human fetal tissue obtained for research

In research carried out under subsection (a), human fetal tissue may be used only if such tissue was obtained in accordance with applicable State law regulating anatomical gifts.

; and

(6)

by amending subsection (g) to read as follows:

(g)

Definitions

In this section:

(1)

Human fetal tissue

The term human fetal tissue means tissue or cells obtained from a dead human embryo or fetus after a stillbirth.

(2)

Stillbirth

The term stillbirth means a fetal death that occurs as a result of natural causes during a pregnancy, including an ectopic pregnancy.

.

(b)

Technical amendment

Paragraph (1) of section 498B(e) of the Public Health Service Act (42 U.S.C. 289g–2(e)(1)) is amended to read as follows:

(1)

The term human fetal tissue means tissue or cells obtained from a dead human embryo or fetus after a spontaneous or induced abortion, or after a stillbirth.

.

(c)

Revision of regulations

Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services shall revise such regulations as necessary, including section 46.206 of title 45, Code of Federal Regulations, to incorporate the requirements of this section.

(d)

Repeal

Section 113 of the National Institutes of Health Revitalization Act of 1993 (42 U.S.C. 289g–1 note) is hereby repealed.