Protecting Life and Integrity in Research Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 563 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 HOUSE OF REPRESENTATIVES JANUARY 28, 2021 Mr. LUETKEMEYER (for himself, Mr. MOONEY, Mr. GAETZ, Mr. PALAZZO, Mr. JOYCE of Pennsylvania, Mr. ALLEN, Mr. DUNCAN, Mr. NORMAN, Mr. WEBER of Texas, Mr. TIFFANY, Mr. LAMBORN, Mr. KELLY of Pennsyl- vania, Mr. BANKS, Mr. JORDAN, Mr. WRIGHT, Mr. CHABOT, Mr. BUDD, Mr. SESSIONS, Mr. CARL, Mr. FEENSTRA, Mr. GROTHMAN, Mr. POSEY, Mr. GRAVES of Louisiana, Mr. BABIN, Mr. BIGGS, Mr. WALTZ, Mr. ARRINGTON, Mr. ROSE, Mr. STAUBER, Mr. LAMALFA, Mr. GOOD of Vir- ginia, Mr. HARRIS, Mr. KUSTOFF, Mr. GIBBS, Mr. KELLY of Mississippi, Mr. LATTA, Mr. GUEST, Mr. ROY, Mr. LOUDERMILK, Mr. MOORE of Ala- bama, Mr. SMITH of New Jersey, Mr. LATURNER, Mr. ROGERS of Ken- tucky, Mr. ROSENDALE, Ms. HERRELL, Mrs. MILLER of Illinois, Mr. JACKSON, Mrs. LESKO, Mr. STEUBE, Mr. FORTENBERRY, Mr. JOHNSON of Louisiana, Mr. DUNN, and Mrs. BOEBERT) 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 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. VerDate Sep 11 2014 04:17 Feb 18, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H563.IH H563 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 563 IH 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 SEC. 2. NO RESEARCH BY HHS INVOLVING HUMAN FETAL 6 TISSUE OBTAINED PURSUANT TO AN IN- 7 DUCED ABORTION. 8 (a) IN GENERAL.—The Public Health Service Act is 9 amended by inserting after section 498A of such Act (42 10 U.S.C. 289g–1) the following: 11 ‘‘SEC. 498A–1. NO RESEARCH INVOLVING HUMAN FETAL TIS- 12 SUE OBTAINED PURSUANT TO AN INDUCED 13 ABORTION. 14 ‘‘(a) IN GENERAL.—The Secretary may not conduct 15 or support any research involving human fetal tissue that 16 is obtained pursuant to an induced abortion. 17 ‘‘(b) DEVELOPMENT OF NEW, ETHICAL CELL 18 LINES.—Subsection (a) does not limit the authority of the 19 Secretary to develop or support the development of new, 20 high-efficiency cell lines, including for the production of 21 vaccines and genetic vectors, so long as the cell lines are 22 not derived from human fetal tissue that is obtained pur- 23 suant to an induced abortion.’’. 24 VerDate Sep 11 2014 04:17 Feb 18, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H563.IH H563 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 563 IH (b) CONFORMING AMENDMENTS.—Section 498A of 1 the Public Health Service Act (42 U.S.C. 289g–1) is 2 amended— 3 (1) in subsections (a)(2), (c)(1)(B), and (g), by 4 striking ‘‘or induced’’ each place it appears; and 5 (2) in subsection (b)(2)— 6 (A) by striking subparagraph (A); and 7 (B) by redesignating subparagraphs (B) 8 and (C) as (A) and (B), respectively. 9 SEC. 3. PROHIBITION AGAINST SOLICITATION OR KNOWING 10 ACQUISITION, RECEIPT, OR ACCEPTANCE OF 11 A DONATION OF HUMAN FETAL TISSUE 12 KNOWING THAT THE TISSUE WAS OBTAINED 13 PURSUANT TO AN INDUCED ABORTION. 14 (a) IN GENERAL.—Paragraph (1) of section 498B(c) 15 of the Public Health Service Act (42 U.S.C. 289g–2(c)) 16 is amended to read as follows: 17 ‘‘(1) solicit or knowingly acquire, receive, or ac- 18 cept a donation (excluding any transfer for purposes 19 of autopsy or burial) of human fetal tissue knowing 20 that— 21 ‘‘(A) a human pregnancy was deliberately 22 initiated to provide such tissue; or 23 ‘‘(B) the tissue was obtained pursuant to 24 an induced abortion; or’’. 25 VerDate Sep 11 2014 04:17 Feb 18, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H563.IH H563 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 563 IH (b) CONFORMING CHANGES.—Section 498B of the 1 Public Health Service Act (42 U.S.C. 289g–2) is amend- 2 ed— 3 (1) by striking subsection (b); 4 (2) by redesignating subsections (c) through (e) 5 as subsections (b) through (d), respectively; 6 (3) in subsection (c), as redesignated— 7 (A) in paragraph (1), by striking ‘‘(a), (b), 8 or (c)’’ and inserting ‘‘(a) or (b)’’; and 9 (B) in paragraph (2), by striking ‘‘or 10 (b)(3)’’; and 11 (4) in subsection (d), as redesignated, by 12 amending paragraph (1) to read as follows: 13 ‘‘(1) The term ‘human fetal tissue’ means tis- 14 sue or cells obtained from a dead human embryo or 15 fetus after a spontaneous or induced abortion, or 16 after a stillbirth.’’. 17 SEC. 4. AUTHORIZATION FOR HHS RESEARCH ON FETAL 18 TISSUE AND CORRESPONDING REPORTING. 19 Section 498A of the Public Health Service Act (42 20 U.S.C. 289g–1) is amended— 21 (1) in the section heading, by striking ‘‘RE- 22 SEARCH ON TRANSPLANTATION OF FETAL TISSUE’’ 23 and inserting ‘‘RESEARCH ON FETAL TISSUE’’; 24 (2) in subsection (a)(1)— 25 VerDate Sep 11 2014 04:17 Feb 18, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H563.IH H563 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 563 IH (A) by striking ‘‘research on the transplan- 1 tation of human fetal tissue for therapeutic 2 purposes’’ and inserting ‘‘research on human 3 fetal tissue’’; and 4 (B) by adding at the end the following: 5 ‘‘Notwithstanding any other provision of law, 6 any research of the Department of Health and 7 Human Services on human fetal tissue shall be 8 conducted or supported in accordance with this 9 section.’’; and 10 (3) in subsection (b)(1)(B), by inserting ‘‘if the 11 fetal tissue is intended for transplantation,’’ before 12 ‘‘the donation is made’’. 13 Æ VerDate Sep 11 2014 04:17 Feb 18, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H563.IH H563 kjohnson on DSK79L0C42PROD with BILLS