[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 77 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 77

  To amend the Public Health Service Act to prohibit the Secretary of 
 Health and Human Services from conducting or supporting any research 
 involving human fetal tissue that is obtained pursuant to an induced 
                   abortion, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 28, 2021

    Mrs. Hyde-Smith (for herself, Mr. Barrasso, Mrs. Blackburn, Mr. 
Boozman, Mr. Cotton, Mr. Cramer, Mr. Daines, Mrs. Fischer, Mr. Hawley, 
   Mr. Inhofe, Mr. Lankford, Ms. Lummis, Mr. Moran, Mr. Portman, Mr. 
Risch, Mr. Rounds, Mr. Scott of South Carolina, Mr. Cruz, Mr. Marshall, 
  Mr. Braun, Mr. Kennedy, and Mr. Lee) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To amend the Public Health Service Act to prohibit the Secretary of 
 Health and Human Services from conducting 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Life and Integrity in 
Research Act of 2021''.

SEC. 2. NO RESEARCH BY HHS INVOLVING HUMAN FETAL TISSUE OBTAINED 
              PURSUANT TO AN INDUCED ABORTION.

    (a) In General.--The Public Health Service Act is amended by 
inserting after section 498A of such Act (42 U.S.C. 289g-1) the 
following:

``SEC. 498A-1. NO RESEARCH INVOLVING HUMAN FETAL TISSUE OBTAINED 
              PURSUANT TO AN INDUCED ABORTION.

    ``(a) In General.--The Secretary may not conduct or support any 
research involving human fetal tissue that is obtained pursuant to an 
induced abortion.
    ``(b) Development of New, Ethical Cell Lines.--Subsection (a) does 
not limit the authority of the Secretary to develop or support the 
development of new, high-efficiency cell lines, including for the 
production of vaccines and genetic vectors, so long as the cell lines 
are not derived from human fetal tissue that is obtained pursuant to an 
induced abortion.''.
    (b) Conforming Amendments.--Section 498A of the Public Health 
Service Act (42 U.S.C. 289g-1) is amended--
            (1) in subsections (a)(2), (c)(1)(B), and (g), by striking 
        ``or induced'' each place it appears; and
            (2) in subsection (b)(2)--
                    (A) by striking subparagraph (A); and
                    (B) by redesignating subparagraphs (B) and (C) as 
                (A) and (B), respectively.

SEC. 3. PROHIBITION AGAINST SOLICITATION OR KNOWING ACQUISITION, 
              RECEIPT, OR ACCEPTANCE OF A DONATION OF HUMAN FETAL 
              TISSUE KNOWING THAT THE TISSUE WAS OBTAINED PURSUANT TO 
              AN INDUCED ABORTION.

    (a) In General.--Paragraph (1) of section 498B(c) of the Public 
Health Service Act (42 U.S.C. 289g-2(c)) is amended to read as follows:
            ``(1) solicit or knowingly acquire, receive, or accept a 
        donation (excluding any transfer for purposes of autopsy or 
        burial) of human fetal tissue knowing that--
                    ``(A) a human pregnancy was deliberately initiated 
                to provide such tissue; or
                    ``(B) the tissue was obtained pursuant to an 
                induced abortion; or''.
    (b) Conforming Changes.--Section 498B of the Public Health Service 
Act (42 U.S.C. 289g-2) is amended--
            (1) by striking subsection (b);
            (2) by redesignating subsections (c) through (e) as 
        subsections (b) through (d), respectively;
            (3) in subsection (c), as redesignated--
                    (A) in paragraph (1), by striking ``(a), (b), or 
                (c)'' and inserting ``(a) or (b)''; and
                    (B) in paragraph (2), by striking ``or (b)(3)''; 
                and
            (4) in subsection (d), as redesignated, by amending 
        paragraph (1) to read as follows:
            ``(1) The term `human fetal tissue' means tissue or cells 
        obtained from a dead human embryo or fetus after a spontaneous 
        or induced abortion, or after a stillbirth.''.

SEC. 4. AUTHORIZATION FOR HHS RESEARCH ON FETAL TISSUE AND 
              CORRESPONDING REPORTING.

    Section 498A of the Public Health Service Act (42 U.S.C. 289g-1) is 
amended--
            (1) in the section heading, by striking ``research on 
        transplantation of fetal tissue'' and inserting ``research on 
        fetal tissue'';
            (2) in subsection (a)(1)--
                    (A) by striking ``research on the transplantation 
                of human fetal tissue for therapeutic purposes'' and 
                inserting ``research on human fetal tissue''; and
                    (B) by adding at the end the following: 
                ``Notwithstanding any other provision of law, any 
                research of the Department of Health and Human Services 
                on human fetal tissue shall be conducted or supported 
                in accordance with this section.''; and
            (3) in subsection (b)(1)(B), by inserting ``if the fetal 
        tissue is intended for transplantation,'' before ``the donation 
        is made''.
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