What This Bill Does
This bill changes federal law to stop the Department of Health and Human Services from conducting or funding research using human fetal tissue obtained from induced abortions. The bill makes exceptions for developing new cell lines (basic biological material used in research) for vaccines and other purposes, as long as those cell lines do not come from fetal tissue obtained through induced abortion.
Who It Affects
The Department of Health and Human Services and any researchers or institutions that receive funding from this department for medical research.
Key Provisions
• The Secretary of Health and Human Services cannot conduct or support any research using human fetal tissue obtained from an induced abortion (Sec. 2)
• The Secretary can still develop or support development of new, high-efficiency cell lines for vaccines and genetic vectors (material used to carry genes in research) if those cell lines do not come from human fetal tissue obtained through induced abortion (Sec. 2)
• No person can knowingly ask for or accept donations of human fetal tissue knowing the tissue came from an induced abortion, with exceptions only for autopsy or burial purposes (Sec. 3)
• The bill defines "human fetal tissue" as tissue or cells obtained from a dead human embryo or fetus after a spontaneous or induced abortion, or after a stillbirth (Sec. 4)
What Changes
If this becomes law, the Department of Health and Human Services would no longer be allowed to fund or conduct research using fetal tissue from induced abortions. The law redefines what types of fetal tissue research the department can authorize and adds new reporting requirements for any research involving fetal tissue.
Important Definitions
"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.
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION
H. R. 398
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 20, 2023
Mr. LUETKEMEYER (for himself, Mr. MOONEY, Mr. DUNCAN, Mr. GRAVES of
Louisiana, Mr. KELLY of Mississippi, Mr. ARRINGTON, Mr. JOHNSON of
Louisiana, Mr. FEENSTRA, Mr. GAETZ, Mr. ROSENDALE, Mr. CLOUD,
Mr. CLYDE, Mr. SMITH of New Jersey, Mr. WEBER of Texas, Mr.
POSEY, Mrs. MILLER of Illinois, Mr. ELLZEY, Mr. SANTOS, Mr. JACKSON
of Texas, Ms. DE LA CRUZ, Mr. EZELL, Mr. ALLEN, Mr. JOYCE of
Pennsylvania, Mr. ALFORD, Mr. SELF, Mr. KUSTOFF, Mr. JOHNSON of
Ohio, Mr. WILLIAMS of Texas, Mr. LAMBORN, Mr. GROTHMAN, Mr.
WENSTRUP, and Mr. BURLISON) 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.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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•HR 398 IH
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Protecting Life and
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Integrity in Research Act of 2023’’.
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SEC. 2. NO RESEARCH BY HHS INVOLVING HUMAN FETAL
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TISSUE OBTAINED PURSUANT TO AN IN-
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DUCED ABORTION.
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(a) IN GENERAL.—The Public Health Service Act is
7
amended by inserting after section 498A of such Act (42
8
U.S.C. 289g–1) the following:
9
‘‘SEC. 498A–1. NO RESEARCH INVOLVING HUMAN FETAL TIS-
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SUE OBTAINED PURSUANT TO AN INDUCED
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ABORTION.
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‘‘(a) IN GENERAL.—The Secretary may not conduct
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or support any research involving human fetal tissue that
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is obtained pursuant to an induced abortion.
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‘‘(b) DEVELOPMENT
OF
NEW, ETHICAL
CELL
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LINES.—Subsection (a) does not limit the authority of the
17
Secretary to develop or support the development of new,
18
high-efficiency cell lines, including for the production of
19
vaccines and genetic vectors, so long as the cell lines are
20
not derived from human fetal tissue that is obtained pur-
21
suant to an induced abortion.’’.
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(b) CONFORMING AMENDMENTS.—Section 498A of
23
the Public Health Service Act (42 U.S.C. 289g–1) is
24
amended—
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•HR 398 IH
(1) in subsections (a)(2), (c)(1)(B), and (g), by
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striking ‘‘or induced’’ each place it appears; and
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(2) in subsection (b)(2)—
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(A) by striking subparagraph (A); and
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(B) by redesignating subparagraphs (B)
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and (C) as (A) and (B), respectively.
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SEC. 3. PROHIBITION AGAINST SOLICITATION OR KNOWING
7
ACQUISITION, RECEIPT, OR ACCEPTANCE OF
8
A
DONATION
OF
HUMAN
FETAL
TISSUE
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KNOWING THAT THE TISSUE WAS OBTAINED
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PURSUANT TO AN INDUCED ABORTION.
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(a) IN GENERAL.—Section 498B(c)(1) of the Public
12
Health Service Act (42 U.S.C. 289g–2(c)(1)) is amended
13
to read as follows:
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‘‘(1) solicit or knowingly acquire, receive, or ac-
15
cept a donation (excluding any transfer for purposes
16
of autopsy or burial) of human fetal tissue knowing
17
that—
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‘‘(A) a human pregnancy was deliberately
19
initiated to provide such tissue; or
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‘‘(B) the tissue was obtained pursuant to
21
an induced abortion; or’’.
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(b) CONFORMING CHANGES.—Section 498B of the
23
Public Health Service Act (42 U.S.C. 289g–2), as amend-
24
ed by subsection (a), is further amended—
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•HR 398 IH
(1) by striking subsection (b);
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(2) by redesignating subsections (c) through (e)
2
as subsections (b) through (d), respectively;
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(3) in subsection (c), as redesignated—
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(A) in paragraph (1), by striking ‘‘(a), (b),
5
or (c)’’ and inserting ‘‘(a) or (b)’’; and
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(B) in paragraph (2), by striking ‘‘or
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(b)(3)’’; and
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(4) in subsection (d), as redesignated, by
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amending paragraph (1) to read as follows:
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‘‘(1) The term ‘human fetal tissue’ means tis-
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sue or cells obtained from a dead human embryo or
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fetus after a spontaneous or induced abortion, or
13
after a stillbirth.’’.
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SEC. 4. AUTHORIZATION FOR HHS RESEARCH ON FETAL
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TISSUE AND CORRESPONDING REPORTING.
16
Section 498A of the Public Health Service Act (42
17
U.S.C. 289g–1) is amended—
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(1) in the section heading, by striking ‘‘RE-
19
SEARCH ON TRANSPLANTATION OF FETAL TISSUE’’
20
and inserting ‘‘RESEARCH ON FETAL TISSUE’’;
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(2) in subsection (a)(1)—
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(A) by striking ‘‘research on the transplan-
23
tation of human fetal tissue for therapeutic
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•HR 398 IH
purposes’’ and inserting ‘‘research on human
1
fetal tissue’’; and
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(B) by adding at the end the following:
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‘‘Notwithstanding any other provision of law,
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any research of the Department of Health and
5
Human Services on human fetal tissue shall be
6
conducted or supported in accordance with this
7
section.’’; and
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(3) in subsection (b)(1)(B), by inserting ‘‘if the
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fetal tissue is intended for transplantation,’’ before
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‘‘the donation is made’’.
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Æ
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