I 

116TH CONGRESS 

1ST SESSION H. R. 437 

To amend the Public Health Service Act to prohibit research with human 

fetal tissue obtained pursuant to an abortion, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 10, 2019 

Mr. SENSENBRENNER (for himself, Mr. DUNCAN, Mr. BIGGS, Mr. 

ARRINGTON, Mr. BANKS, Mr. DUFFY, and Mrs. ROBY) 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 research 

with human fetal tissue obtained pursuant to an abortion, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safe Responsible Eth5 ical Scientific Endeavors Assuring Research for Compas6 sionate Healthcare Act’’ or the ‘‘Safe RESEARCH Act’’. 


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1 SEC. 2. PROHIBITION ON RESEARCH WITH HUMAN FETAL 

2 TISSUE OBTAINED PURSUANT TO AN ABOR3 TION. 

4 (a) IN GENERAL.—Section 498A of the Public 

5 Health Service Act (42 U.S.C. 289g–1) is amended— 

6 (1) in the section heading, by striking ‘‘RE7 SEARCH ON TRANSPLANTATION OF FETAL TISSUE’’ 

8 and inserting ‘‘RESEARCH WITH FETAL TISSUE’’; 

9 (2) by amending subsection (a) to read as fol10 lows: 

11 ‘‘(a) ESTABLISHMENT OF PROGRAM.— 

12 ‘‘(1) IN GENERAL.—The Secretary may conduct 

13 or support research with human fetal tissue, or re14 search on modern, efficient alternatives to human 

15 fetal tissue such as organoids, induced pluripotent 

16 stem cells, and adult stem cells. The Secretary shall 

17 conduct or support any such research in accordance 

18 with this section. 

19 ‘‘(2) SOURCE OF TISSUE.—Human fetal tissue 

20 may be used in research carried out under para21 graph (1) only if the tissue is obtained pursuant to 

22 a stillbirth.’’; 

23 (3) in subsection (b)(2)— 

24 (A) by striking subparagraph (A); and 


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•HR 437 IH

1 (B) by redesignating subparagraphs (B) 

2 and (C) as subparagraphs (A) and (B), respec3 tively; 

4 (4) in subsection (c)(1)(B), by striking ‘‘may 

5 have been obtained pursuant to a spontaneous or in6 duced abortion or pursuant to a stillbirth’’ and in7 serting ‘‘has been obtained pursuant to a stillbirth’’; 

8 (5) in subsection (e), by adding at the end the 

9 following new paragraph: 

10 ‘‘(3) HUMAN FETAL TISSUE OBTAINED FOR RE11 SEARCH.—In research carried out under subsection 

12 (a), human fetal tissue may be used only if such tis13 sue was obtained in accordance with applicable State 

14 law regulating anatomical gifts.’’; and 

15 (6) by amending subsection (g) to read as fol16 lows: 

17 ‘‘(g) DEFINITIONS.—In this section: 

18 ‘‘(1) HUMAN FETAL TISSUE.—The term 

19 ‘human fetal tissue’ means tissue or cells obtained 

20 from a dead human embryo or fetus after a still21 birth. 

22 ‘‘(2) STILLBIRTH.—The term ‘stillbirth’ means 

23 a fetal death that occurs as a result of natural 

24 causes during a pregnancy, including an ectopic 

25 pregnancy.’’. 


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1 (b) TECHNICAL AMENDMENT.—Paragraph (1) of 

2 section 498B(e) of the Public Health Service Act (42 

3 U.S.C. 289g–2(e)(1)) is amended to read as follows: 

4 ‘‘(1) The term ‘human fetal tissue’ means tis5 sue or cells obtained from a dead human embryo or 

6 fetus after a spontaneous or induced abortion, or 

7 after a stillbirth.’’. 

8 (c) REVISION OF REGULATIONS.—Not later than one 

9 year after the date of the enactment of this Act, the Sec10 retary of Health and Human Services shall revise such 

11 regulations as necessary, including section 46.206 of title 

12 45, Code of Federal Regulations, to incorporate the re13 quirements of this section. 

14 (d) REPEAL.—Section 113 of the National Institutes 

15 of Health Revitalization Act of 1993 (42 U.S.C. 289g– 

16 1 note) is hereby repealed. 

Æ 


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