I
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 Representa-
tives 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; DISCLO-
SURE ON TRANSPLANTATION OF FETAL TIS-
SUE.
Part H of title IV of the Public Health Service Act
(42 U.S.C. 289 et seq.) is amended by inserting after sec-
tion 498B the following section:
‘‘SEC. 498C. TRANSFERENCE OF HUMAN FETAL TISSUE; DIS-
CLOSURE 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 require-
ments 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 ob-
tained with the legal consent of the donor of the tis-
sue;
‘‘(4) a description of the type of fetal tissue in-
volved, including a determination of whether the tis-
sue 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 trans-
ference 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 appro-
priate by the Secretary.
‘‘(c) DISCLOSURE TO SHIPPERS.—Any entity that en-
ters into a contract for the shipment of a package con-
taining 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 bio-
medical material; and
‘‘(4) ensure that a tracking number is provided
for the package and disclosed as required under sub-
section (b).
‘‘(d) DEFINITION.—In this section, the term ‘filing
entity’ means the entity that is filing the disclosure state-
ment required under this section.
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion 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 enti-
ties 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 inci-
dent.’’.
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