Protecting Life and Integrity in Research Act of 2021

II 117TH CONGRESS 1ST SESSION S. 77 To amend the Public Health Service Act to prohibit the Secretary of Health and Human Services from conducting or supporting any research involv- ing human fetal tissue that is obtained pursuant to an induced abortion, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY 28, 2021 Mrs. HYDE-SMITH (for herself, Mr. BARRASSO, Mrs. BLACKBURN, Mr. BOOZ- MAN, Mr. COTTON, Mr. CRAMER, Mr. DAINES, Mrs. FISCHER, Mr. HAWLEY, Mr. INHOFE, Mr. LANKFORD, Ms. LUMMIS, Mr. MORAN, Mr. PORTMAN, Mr. RISCH, Mr. ROUNDS, Mr. SCOTT of South Carolina, Mr. CRUZ, Mr. MARSHALL, Mr. BRAUN, Mr. KENNEDY, and Mr. LEE) intro- duced the following bill; which was read twice and referred to the Com- mittee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to prohibit the Secretary of Health and Human Services from con- ducting or supporting any research involving human fetal tissue that is obtained pursuant to an induced abortion, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Protecting Life and 4 Integrity in Research Act of 2021’’. 5 VerDate Sep 11 2014 19:03 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S77.IS S77 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 77 IS SEC. 2. NO RESEARCH BY HHS INVOLVING HUMAN FETAL 1 TISSUE OBTAINED PURSUANT TO AN IN- 2 DUCED ABORTION. 3 (a) IN GENERAL.—The Public Health Service Act is 4 amended by inserting after section 498A of such Act (42 5 U.S.C. 289g–1) the following: 6 ‘‘SEC. 498A–1. NO RESEARCH INVOLVING HUMAN FETAL TIS- 7 SUE OBTAINED PURSUANT TO AN INDUCED 8 ABORTION. 9 ‘‘(a) IN GENERAL.—The Secretary may not conduct 10 or support any research involving human fetal tissue that 11 is obtained pursuant to an induced abortion. 12 ‘‘(b) DEVELOPMENT OF NEW, ETHICAL CELL 13 LINES.—Subsection (a) does not limit the authority of the 14 Secretary to develop or support the development of new, 15 high-efficiency cell lines, including for the production of 16 vaccines and genetic vectors, so long as the cell lines are 17 not derived from human fetal tissue that is obtained pur- 18 suant to an induced abortion.’’. 19 (b) CONFORMING AMENDMENTS.—Section 498A of 20 the Public Health Service Act (42 U.S.C. 289g–1) is 21 amended— 22 (1) in subsections (a)(2), (c)(1)(B), and (g), by 23 striking ‘‘or induced’’ each place it appears; and 24 (2) in subsection (b)(2)— 25 (A) by striking subparagraph (A); and 26 VerDate Sep 11 2014 19:03 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S77.IS S77 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 77 IS (B) by redesignating subparagraphs (B) 1 and (C) as (A) and (B), respectively. 2 SEC. 3. PROHIBITION AGAINST SOLICITATION OR KNOWING 3 ACQUISITION, RECEIPT, OR ACCEPTANCE OF 4 A DONATION OF HUMAN FETAL TISSUE 5 KNOWING THAT THE TISSUE WAS OBTAINED 6 PURSUANT TO AN INDUCED ABORTION. 7 (a) IN GENERAL.—Paragraph (1) of section 498B(c) 8 of the Public Health Service Act (42 U.S.C. 289g–2(c)) 9 is amended to read as follows: 10 ‘‘(1) solicit or knowingly acquire, receive, or ac- 11 cept a donation (excluding any transfer for purposes 12 of autopsy or burial) of human fetal tissue knowing 13 that— 14 ‘‘(A) a human pregnancy was deliberately 15 initiated to provide such tissue; or 16 ‘‘(B) the tissue was obtained pursuant to 17 an induced abortion; or’’. 18 (b) CONFORMING CHANGES.—Section 498B of the 19 Public Health Service Act (42 U.S.C. 289g–2) is amend- 20 ed— 21 (1) by striking subsection (b); 22 (2) by redesignating subsections (c) through (e) 23 as subsections (b) through (d), respectively; 24 (3) in subsection (c), as redesignated— 25 VerDate Sep 11 2014 19:03 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S77.IS S77 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 77 IS (A) in paragraph (1), by striking ‘‘(a), (b), 1 or (c)’’ and inserting ‘‘(a) or (b)’’; and 2 (B) in paragraph (2), by striking ‘‘or 3 (b)(3)’’; and 4 (4) in subsection (d), as redesignated, by 5 amending paragraph (1) to read as follows: 6 ‘‘(1) The term ‘human fetal tissue’ means tis- 7 sue or cells obtained from a dead human embryo or 8 fetus after a spontaneous or induced abortion, or 9 after a stillbirth.’’. 10 SEC. 4. AUTHORIZATION FOR HHS RESEARCH ON FETAL 11 TISSUE AND CORRESPONDING REPORTING. 12 Section 498A of the Public Health Service Act (42 13 U.S.C. 289g–1) is amended— 14 (1) in the section heading, by striking ‘‘RE- 15 SEARCH ON TRANSPLANTATION OF FETAL TISSUE’’ 16 and inserting ‘‘RESEARCH ON FETAL TISSUE’’; 17 (2) in subsection (a)(1)— 18 (A) by striking ‘‘research on the transplan- 19 tation of human fetal tissue for therapeutic 20 purposes’’ and inserting ‘‘research on human 21 fetal tissue’’; and 22 (B) by adding at the end the following: 23 ‘‘Notwithstanding any other provision of law, 24 any research of the Department of Health and 25 VerDate Sep 11 2014 19:03 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S77.IS S77 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 77 IS Human Services on human fetal tissue shall be 1 conducted or supported in accordance with this 2 section.’’; and 3 (3) in subsection (b)(1)(B), by inserting ‘‘if the 4 fetal tissue is intended for transplantation,’’ before 5 ‘‘the donation is made’’. 6 Æ VerDate Sep 11 2014 19:03 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S77.IS S77 pamtmann on DSKBC07HB2PROD with BILLS