Us Congress 2025-2026 Regular Session

Us Congress House Bill HB1082 Compare Versions

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11 I
22 119THCONGRESS
33 1
44 STSESSION H. R. 1082
55 To require the Secretary of Health and Human Services to conduct a national,
66 evidence-based education campaign to increase public and health care
77 provider awareness regarding the potential risks and benefits of human
88 cell and tissue products transplants, and for other purposes.
99 IN THE HOUSE OF REPRESENTATIVES
1010 FEBRUARY6, 2025
1111 Mr. M
1212 OOLENAAR(for himself and Mrs. DINGELL) introduced the following
1313 bill; which was referred to the Committee on Energy and Commerce
1414 A BILL
1515 To require the Secretary of Health and Human Services
1616 to conduct a national, evidence-based education campaign
1717 to increase public and health care provider awareness
1818 regarding the potential risks and benefits of human cell
1919 and tissue products transplants, and for other purposes.
2020 Be it enacted by the Senate and House of Representa-1
2121 tives of the United States of America in Congress assembled, 2
2222 SECTION 1. SHORT TITLE. 3
2323 This Act may be cited as the ‘‘Shandra Eisenga 4
2424 Human Cell and Tissue Product Safety Act’’. 5
2525 SEC. 2. DEFINITIONS. 6
2626 In this Act: 7
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2929 •HR 1082 IH
3030 (1) HUMAN CELL AND TISSUE PRODUCT .—The 1
3131 terms ‘‘human cell and tissue product’’ and ‘‘human 2
3232 cell and tissue products’’ have the meaning given the 3
3333 term ‘‘human cells, tissues, or cellular or tissue- 4
3434 based products’’ in section 1271.3(d) of title 21, 5
3535 Code of Federal Regulations (or successor regula-6
3636 tions). 7
3737 (2) S
3838 ECRETARY.—The term ‘‘Secretary’’ means 8
3939 the Secretary of Health and Human Services. 9
4040 (3) T
4141 ISSUE REFERENCE GROUP .—The term 10
4242 ‘‘Tissue Reference Group’’ means the Tissue Ref-11
4343 erence Group of the Food and Drug Administration. 12
4444 SEC. 3. HUMAN CELL AND TISSUE PRODUCTS TRANSPLANT 13
4545 PUBLIC AWARENESS CAMPAIGN. 14
4646 The Secretary shall support the development and dis-15
4747 semination of educational materials to inform health care 16
4848 professionals and other appropriate professionals about 17
4949 issues surrounding— 18
5050 (1) organ, tissue, and eye donation, including 19
5151 evidence-based methods to approach patients and 20
5252 their families; 21
5353 (2) the availability of any donor screening tests; 22
5454 and 23
5555 (3) other relevant aspects of donation. 24
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5858 •HR 1082 IH
5959 SEC. 4. CIVIL PENALTIES FOR VIOLATION OF REQUIRE-1
6060 MENTS FOR HUMAN CELL AND TISSUE PROD-2
6161 UCTS. 3
6262 Section 368 of the Public Health Service Act (42 4
6363 U.S.C. 271) is amended by adding at the end the fol-5
6464 lowing: 6
6565 ‘‘(d)(1) Any person who, on or after the date of the 7
6666 enactment of the Shandra Eisenga Human Cell and Tis-8
6767 sue Product Safety Act, violates a requirement of subparts 9
6868 C or D of section 1271 of title 21, Code of Federal Regu-10
6969 lations, (or successor regulations) with respect to human 11
7070 cell or tissue products regulated under section 361 shall 12
7171 be liable to the United States for a civil penalty in an 13
7272 amount not to exceed the sum of— 14
7373 ‘‘(A)(i) $20,000 for each violation; and 15
7474 ‘‘(ii) in the case of a violation that continues 16
7575 after the Secretary provides written notice to such 17
7676 person, $20,000 for each subsequent day on which 18
7777 the violation continues; and 19
7878 ‘‘(B) an amount equal to the retail value of the 20
7979 human cell and tissue products that are the subject 21
8080 of the violation. 22
8181 ‘‘(2) The total civil penalty under paragraph (1) may 23
8282 not exceed $10,000,000 for all such violations adjudicated 24
8383 in a single proceeding. 25
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8686 •HR 1082 IH
8787 ‘‘(3) In this subsection, the term ‘human cell and tis-1
8888 sue products’ has the meaning given the term ‘human 2
8989 cells, tissues, or cellular or tissue-based products’ in sec-3
9090 tion 1271.3(d) of title 21, Code of Federal Regulations 4
9191 (or successor regulations).’’. 5
9292 SEC. 5. STREAMLINING REGULATORY OVERSIGHT OF 6
9393 HUMAN CELL AND TISSUE PRODUCTS. 7
9494 (a) I
9595 NFORMATION ON HUMANCELL ANDTISSUE 8
9696 P
9797 RODUCTS.— 9
9898 (1) W
9999 EBSITE.—The Secretary, acting through 10
100100 the Commissioner of Food and Drugs, shall publish 11
101101 on the public website of the Food and Drug Admin-12
102102 istration— 13
103103 (A) educational materials about the Tissue 14
104104 Reference Group; and 15
105105 (B) best practices for obtaining a timely, 16
106106 accurate recommendation regarding human cell 17
107107 and tissue products from the Tissue Reference 18
108108 Group. 19
109109 (2) P
110110 UBLIC INFORMATION.—Not later than 1 20
111111 year after the date of the enactment of this Act, and 21
112112 annually for the subsequent 3 years, the Secretary, 22
113113 acting through the Commissioner of Food and 23
114114 Drugs, shall publish on the public website of the 24
115115 Food and Drug Administration— 25
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118118 •HR 1082 IH
119119 (A) the number of human cell and tissue 1
120120 establishments that registered with the Food 2
121121 and Drug Administration on or after January 3
122122 1, 2019; 4
123123 (B) the number of inspections conducted 5
124124 by the Food and Drug Administration of 6
125125 human cell and tissue establishments on or 7
126126 after January 1, 2019, including a comparison 8
127127 of the number of inspections for blood establish-9
128128 ments with the number of inspections for such 10
129129 human cell and tissue establishments; 11
130130 (C) the number and type of inquiries to 12
131131 the Tissue Reference Group in the preceding 13
132132 year; and 14
133133 (D) the average response time for submis-15
134134 sions to the Tissue Reference Group in the pre-16
135135 ceding year, including average initial and final 17
136136 response time. 18
137137 (3) E
138138 DUCATION.—The Secretary, acting 19
139139 through the Commissioner of Food and Drugs, shall, 20
140140 with respect to the regulation of human cell and tis-21
141141 sue products— 22
142142 (A) provide information to relevant stake-23
143143 holders, including industry, tissue establish-24
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146146 •HR 1082 IH
147147 ments, academic health centers, biomedical con-1
148148 sortia, research organizations, and patients; and 2
149149 (B) conduct workshops and other inter-3
150150 active and educational sessions for such stake-4
151151 holders to help support regulatory predictability 5
152152 and scientific advancement, as appropriate. 6
153153 (b) H
154154 UMANCELL ANDTISSUEPRODUCTSCIENTIFIC 7
155155 ANDREGULATORYUPDATES.—Section 3205 of the Food 8
156156 and Drug Omnibus Reform Act of 2022 (title III of divi-9
157157 sion FF of Public Law 117–328) is amended by striking 10
158158 ‘‘best practices’’ and all that follows through ‘‘other cel-11
159159 lular therapies’’ and inserting ‘‘best practices on gener-12
160160 ating scientific data necessary to further facilitate the de-13
161161 velopment of certain human cell-, tissue-, and cellular- 14
162162 based medical products (and the latest scientific informa-15
163163 tion about such products), namely, stem cell and other cel-16
164164 lular therapies’’. 17
165165 (c) P
166166 UBLICDOCKET.—Not later than 60 days after 18
167167 the date of the enactment of this Act, the Secretary shall 19
168168 establish a public docket to receive written comments re-20
169169 lated to— 21
170170 (1) the approaches recommended for discussion 22
171171 during the public workshop described in section 23
172172 3205 of the Food and Drug Omnibus Reform Act of 24
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175175 •HR 1082 IH
176176 2022 (title III of division FF of Public Law 117– 1
177177 328); and 2
178178 (2) modernizing the regulation of human cell 3
179179 and tissue products, including considerations associ-4
180180 ated with assessing minimal manipulation and ho-5
181181 mologous use (as such terms are defined in section 6
182182 1271.3 of title 21, Code of Federal Regulations (or 7
183183 successor regulations)) of human cell and tissue 8
184184 products. 9
185185 (d) R
186186 EPORT TOCONGRESS.—Not later than Sep-10
187187 tember 30, 2026, the Secretary shall summarize the ap-11
188188 proaches discussed in the public workshop described in 12
189189 section 3205 of the Food and Drug Omnibus Reform Act 13
190190 of 2022 (title III of division FF of Public Law 117–328) 14
191191 and the public docket described in subsection (c), and de-15
192192 velop recommendations regarding the regulation of human 16
193193 cell and tissue products, including provisions under sec-17
194194 tions 1271.10(a) and 1271.3 of title 21, Code of Federal 18
195195 Regulations, taking into account— 19
196196 (1) regulatory burden; 20
197197 (2) scientific developments; 21
198198 (3) access to human cell and tissue products 22
199199 regulated under section 361 of the Public Health 23
200200 Service Act (42 U.S.C. 264); and 24
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203203 •HR 1082 IH
204204 (4) protecting public health. 1
205205 Æ
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