[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3980 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 3980

  To amend the Public Health Service Act with respect to disclosures 
               regarding transfers of human fetal tissue.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 15, 2000

Mr. Coburn (for himself, Mr. Tancredo, Mr. Pitts, Mrs. Chenoweth-Hage, 
 Mr. Largent, Mr. DeMint, Mr. Norwood, Mr. Hoekstra, Mr. McIntosh, Mr. 
DeLay, Mr. Terry, Mr. Schaffer, Mr. Doolittle, Mr. Ryun of Kansas, Mr. 
     Gutkecht, Mr. Canady of Florida, Mr. Stearns, Mr. Istook, Mr. 
 Pickering, Mr. Shadegg, Mr. Hostetter, Mr. Talent, Mr. Gary Miller of 
   California, Mr. Burton of Indiana, and Mr. Tiahrt) introduced the 
    following bill; which was referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
  To amend the Public Health Service Act with respect to disclosures 
               regarding transfers of human fetal tissue.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Human Fetal Tissue Reporting and 
Disclosure Act of 2000''.

SEC. 2. TRANSFERENCE OF HUMAN FETAL TISSUE; DISCLOSURE ON 
              TRANSPLANTATION OF FETAL TISSUE.

    Part H of title IV of the Public Health Service Act (42 U.S.C. 289 
et seq.) is amended by inserting after section 498B the following 
section:

``SEC. 498C. TRANSFERENCE OF HUMAN FETAL TISSUE; DISCLOSURE ON 
              TRANSPLANTATION OF FETAL TISSUE.

    ``(a) Requirement.--With respect to human fetal tissue (as defined 
in section 498A), any entity that is to receive fetal tissue for any 
purpose, other than solely for the purpose of pathological examination, 
shall file with the Secretary a disclosure statement that meets the 
requirements of subsection (b).
    ``(b) Contents.--A disclosure statement meets the requirements of 
this subsection if the statement contains--
            ``(1) a list (including the names, addresses, and telephone 
        numbers) of each entity that has obtained possession of the 
        human fetal tissue involved prior to its possession by the 
        filing entity, including any entity used solely to transport 
        the fetal tissue and the tracking number used to identify the 
        packaging of such tissue;
            ``(2) a description of the use that is to be made of the 
        fetal tissue involved by the filing entity and the end user (if 
        known);
            ``(3) a verification that the fetal tissue was obtained 
        with the legal consent of the donor of the tissue;
            ``(4) a description of the type of fetal tissue involved, 
        including a determination of whether the tissue was obtained 
        from an induced abortion;
            ``(5) a description of the quantity of fetal tissue 
        involved;
            ``(6) a description of the amount of money, all fees, or 
        any other object or other considerations of value, that is 
        transferred as a result of the transference of the fetal tissue 
        involved, including any fees received to transport such fetal 
        tissue to the end user; including the amount of such fee; and
            ``(7) any other information determined appropriate by the 
        Secretary.
    ``(c) Disclosure to Shippers.--Any entity that enters into a 
contract for the shipment of a package containing human fetal tissue 
described in subsection (a) shall--
            ``(1) notify the shipping entity that the package to be 
        shipped contains human fetal tissue;
            ``(2) prominently label the outer packaging so as to 
        indicate that the package contains human fetal tissue;
            ``(3) ensure that the shipment is done in a manner that is 
        acceptable for the transfer of biomedical material; and
            ``(4) ensure that a tracking number is provided for the 
        package and disclosed as required under subsection (b).
    ``(d) Definition.--In this section, the term `filing entity' means 
the entity that is filing the disclosure statement required under this 
section.
    ``(e) Rule of Construction.--Nothing in this section shall permit 
the disclosure of--
            ``(1) the identity of any physician, health care 
        professional, or individual involved in the provision of 
        abortion services;
            ``(2) the identity of any woman who obtained an abortion; 
        and
            ``(3) any information that could reasonably be used to 
        determine the identity of individuals or entities mentioned in 
        paragraphs (1) and (2).
    ``(f) Violations.--Violation of this section shall be punishable by 
a fine of not less than $10,000 per incident.''.
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