Us Congress 2023-2024 Regular Session

Us Congress House Bill HB398 Latest Draft

Bill / Introduced Version Filed 01/30/2023

                            I 
118THCONGRESS 
1
STSESSION 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 
JANUARY20, 2023 
Mr. L
UETKEMEYER (for himself, Mr. MOONEY, Mr. DUNCAN, Mr. GRAVESof 
Louisiana, Mr. K
ELLYof Mississippi, Mr. ARRINGTON, Mr. JOHNSONof 
Louisiana, Mr. F
EENSTRA, Mr. GAETZ, Mr. ROSENDALE, Mr. CLOUD, 
Mr. C
LYDE, Mr. SMITHof New Jersey, Mr. WEBERof Texas, Mr. 
P
OSEY, Mrs. MILLERof Illinois, Mr. ELLZEY, Mr. SANTOS, Mr. JACKSON 
of Texas, Ms. D
ELACRUZ, Mr. EZELL, Mr. ALLEN, Mr. JOYCEof 
Pennsylvania, Mr. A
LFORD, Mr. SELF, Mr. KUSTOFF, Mr. JOHNSONof 
Ohio, Mr. W
ILLIAMSof Texas, Mr. LAMBORN, Mr. GROTHMAN, Mr. 
W
ENSTRUP, 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, 2
VerDate Sep 11 2014 23:42 Jan 28, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H398.IH H398
kjohnson on DSK79L0C42PROD with BILLS 2 
•HR 398 IH
SECTION 1. SHORT TITLE. 1
This Act may be cited as the ‘‘Protecting Life and 2
Integrity in Research Act of 2023’’. 3
SEC. 2. NO RESEARCH BY HHS INVOLVING HUMAN FETAL 4
TISSUE OBTAINED PURSUANT TO AN IN-5
DUCED ABORTION. 6
(a) I
NGENERAL.—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-10
SUE OBTAINED PURSUANT TO AN INDUCED 11
ABORTION. 12
‘‘(a) I
NGENERAL.—The Secretary may not conduct 13
or support any research involving human fetal tissue that 14
is obtained pursuant to an induced abortion. 15
‘‘(b) D
EVELOPMENT OF NEW, ETHICALCELL 16
L
INES.—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.’’. 22
(b) C
ONFORMINGAMENDMENTS.—Section 498A of 23
the Public Health Service Act (42 U.S.C. 289g–1) is 24
amended— 25
VerDate Sep 11 2014 23:42 Jan 28, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H398.IH H398
kjohnson on DSK79L0C42PROD with BILLS 3 
•HR 398 IH
(1) in subsections (a)(2), (c)(1)(B), and (g), by 1
striking ‘‘or induced’’ each place it appears; and 2
(2) in subsection (b)(2)— 3
(A) by striking subparagraph (A); and 4
(B) by redesignating subparagraphs (B) 5
and (C) as (A) and (B), respectively. 6
SEC. 3. PROHIBITION AGAINST SOLICITATION OR KNOWING 7
ACQUISITION, RECEIPT, OR ACCEPTANCE OF 8
A DONATION OF HUMAN FETAL TISSUE 9
KNOWING THAT THE TISSUE WAS OBTAINED 10
PURSUANT TO AN INDUCED ABORTION. 11
(a) I
NGENERAL.—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: 14
‘‘(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— 18
‘‘(A) a human pregnancy was deliberately 19
initiated to provide such tissue; or 20
‘‘(B) the tissue was obtained pursuant to 21
an induced abortion; or’’. 22
(b) C
ONFORMINGCHANGES.—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— 25
VerDate Sep 11 2014 23:42 Jan 28, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H398.IH H398
kjohnson on DSK79L0C42PROD with BILLS 4 
•HR 398 IH
(1) by striking subsection (b); 1
(2) by redesignating subsections (c) through (e) 2
as subsections (b) through (d), respectively; 3
(3) in subsection (c), as redesignated— 4
(A) in paragraph (1), by striking ‘‘(a), (b), 5
or (c)’’ and inserting ‘‘(a) or (b)’’; and 6
(B) in paragraph (2), by striking ‘‘or 7
(b)(3)’’; and 8
(4) in subsection (d), as redesignated, by 9
amending paragraph (1) to read as follows: 10
‘‘(1) The term ‘human fetal tissue’ means tis-11
sue or cells obtained from a dead human embryo or 12
fetus after a spontaneous or induced abortion, or 13
after a stillbirth.’’. 14
SEC. 4. AUTHORIZATION FOR HHS RESEARCH ON FETAL 15
TISSUE AND CORRESPONDING REPORTING. 16
Section 498A of the Public Health Service Act (42 17
U.S.C. 289g–1) is amended— 18
(1) in the section heading, by striking ‘‘
RE-19
SEARCH ON TRANSPLANTATION OF FETAL TISSUE ’’ 20
and inserting ‘‘
RESEARCH ON FETAL TISSUE ’’; 21
(2) in subsection (a)(1)— 22
(A) by striking ‘‘research on the transplan-23
tation of human fetal tissue for therapeutic 24
VerDate Sep 11 2014 23:42 Jan 28, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H398.IH H398
kjohnson on DSK79L0C42PROD with BILLS 5 
•HR 398 IH
purposes’’ and inserting ‘‘research on human 1
fetal tissue’’; and 2
(B) by adding at the end the following: 3
‘‘Notwithstanding any other provision of law, 4
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 8
(3) in subsection (b)(1)(B), by inserting ‘‘if the 9
fetal tissue is intended for transplantation,’’ before 10
‘‘the donation is made’’. 11
Æ 
VerDate Sep 11 2014 23:42 Jan 28, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H398.IH H398
kjohnson on DSK79L0C42PROD with BILLS