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