Federal

Prohibiting Abortion Industry’s Lucrative Loopholes Act

Source: Congress.gov · 374 words in original text

What This Bill Does

This bill changes the definition of "valuable consideration" in federal health law to make it illegal to sell or trade human fetal tissue. The bill expands what counts as "valuable consideration" to include many types of payments and benefits beyond just money.

Who It Affects

The bill directly affects any person or organization that buys, sells, or trades human fetal tissue. This includes medical researchers, healthcare providers, tissue banks and anyone involved in transporting, processing, storing or preserving fetal tissue.

Key Provisions

• The bill expands the definition of "valuable consideration" to include any payment made or debt incurred (Sec. 2) • The bill counts gifts, honors or recognition of value as valuable consideration (Sec. 2) • The bill includes any price, charge or fee that is waived, forgiven, reduced or indefinitely delayed as valuable consideration (Sec. 2) • The bill includes canceled or forgiven loans and debts as valuable consideration (Sec. 2) • The bill includes the transfer of items or services normally charged for when given free or at reduced cost as valuable consideration (Sec. 2) • The bill includes payments for transportation, implantation, processing, preservation, quality control or storage of human fetal tissue as valuable consideration (Sec. 2)

What Changes

If this becomes law, the federal definition of "valuable consideration" will be rewritten. Any exchange of human fetal tissue involving money, gifts, waivers of fees, forgiven debts, free services or payments for handling the tissue would all be prohibited.

Important Definitions

The bill defines "valuable consideration" as including six categories of payments and benefits. None of these definitions existed in the previous law.

Effective Date

Not specified in bill text

I 118TH CONGRESS 1ST SESSION H. R. 416 To amend title IV of the Public Health Service Act to prohibit sale or transactions relating to human fetal tissue. IN THE HOUSE OF REPRESENTATIVES JANUARY 20, 2023 Mr. C. SCOTT FRANKLIN of Florida (for himself, Mr. GOSAR, Ms. VAN DUYNE, Mr. DUNCAN, Mr. SELF, Mr. BANKS, Mr. ELLZEY, Mr. POSEY, Mr. MOONEY, Mr. NORMAN, Mr. CLYDE, Mr. JACKSON of Texas, Mr. BIGGS, Mr. WEBER of Texas, and Mr. BABIN) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title IV of the Public Health Service Act to prohibit sale or transactions relating to human fetal tissue. 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 ‘‘Prohibiting Abortion 4 Industry’s Lucrative Loopholes Act’’. 5 VerDate Sep 11 2014 03:20 Jan 31, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H416.IH H416 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 416 IH SEC. 2. PROHIBITING SALE OR TRANSACTIONS RELATING 1 TO HUMAN FETAL TISSUE. 2 Section 498B(e) of the Public Health Service Act (42 3 U.S.C. 289g–2(e)) is amended by striking paragraph (3) 4 and inserting the following new paragraph: 5 ‘‘(3) The term ‘valuable consideration’ in- 6 cludes— 7 ‘‘(A) any payment made or debt incurred; 8 ‘‘(B) any gift, honorarium, or recognition 9 of value bestowed; 10 ‘‘(C) any price, charge, or fee which is 11 waived, forgiven, reduced, or indefinitely de- 12 layed; 13 ‘‘(D) any loan or debt which is canceled or 14 otherwise forgiven; 15 ‘‘(E) the transfer of any item from one 16 person to another or provision of any service or 17 granting of any opportunity for which a charge 18 is customarily made, without charge or for a re- 19 duced charge; and 20 ‘‘(F) any payments associated with the 21 transportation, implantation, processing, preser- 22 vation, quality control, or storage of human 23 fetal tissue.’’. 24 Æ VerDate Sep 11 2014 03:20 Jan 31, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\H416.IH H416 kjohnson on DSK79L0C42PROD with BILLS

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