I 
116TH CONGRESS 
2D SESSION 
H. R. 8168 
To require the guidance of the Food and Drug Administration on reducing 
the risk of human immunodeficiency virus (HIV), hepatitis A, and hepa-
titis B transmission by blood and blood products (including the donor 
history questionnaire) to be based on an individual risk assessment 
of sexual behaviors upon which all donors are evaluated equally, without 
regard to sexual orientation or gender identity, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 4, 2020 
Mrs. DEMINGS (for herself and Mr. QUIGLEY) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To require the guidance of the Food and Drug Administra-
tion on reducing the risk of human immunodeficiency 
virus (HIV), hepatitis A, and hepatitis B transmission 
by blood and blood products (including the donor history 
questionnaire) to be based on an individual risk assess-
ment of sexual behaviors upon which all donors are eval-
uated equally, without regard to sexual orientation or 
gender identity, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Science in Blood Dona-
tion Act of 2020’’. 
SEC. 2. REQUIRING GUIDANCE ON REDUCING RISK OF HIV, 
HEPATITIS A, AND HEPATITIS B TRANS-
MISSION BY BLOOD PRODUCTS TO BE BASED 
ON AN INDIVIDUAL RISK ASSESSMENT. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services acting through the Commissioner of Food 
and Drugs (in this section referred to as the ‘‘Secretary’’) 
shall— 
(1) not later than 45 days after the date of en-
actment of this Act, revise and publish the guidance 
of the Food and Drug Administration on reducing 
the risk of human immunodeficiency virus, hepatitis 
A, and hepatitis B transmission by blood and blood 
products so as to eliminate— 
(A) the recommendation to defer for 3 
months from the most recent sexual contact, a 
man who has had sex with another man during 
the past 3 months; and 
(B) the recommendation to defer for 3 
months from the most recent sexual contact, a 
female who has had sex during the past 3 
months with a man who has had sex with an-
other man in the past 3 months; 
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(2) not later than 45 days after the date of en-
actment of this Act, initiate a process— 
(A) to update such guidance— 
(i) in conformity with paragraph (1); 
and 
(ii) so as to ensure that such guid-
ance, including the corresponding donor 
deferral recommendations, are based on an 
individual risk assessment of sexual behav-
iors upon which all donors are evaluated 
equally, without regard to sexual orienta-
tion or gender identity; and 
(B) to update the donor history question-
naire consistent with the updates under sub-
paragraph (A); and 
(3) not later than 18 months after the date of 
enactment of this Act— 
(A) complete the process initiated pursuant 
to paragraph (2); and 
(B) publish the updated guidance and 
donor history questionnaire. 
(b) SPECIAL RULE.—Throughout the period during 
which the Secretary is revising guidance pursuant to sub-
section (a)(1), the recommendations described in subpara-
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