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 Com-
merce 
A BILL 
To amend the Public Health Service Act to prohibit research 
with human fetal tissue obtained pursuant to an abor-
tion, and for other purposes. 
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 ‘‘Safe Responsible Eth-
ical Scientific Endeavors Assuring Research for Compas-
sionate Healthcare Act’’ or the ‘‘Safe RESEARCH Act’’. 
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SEC. 2. PROHIBITION ON RESEARCH WITH HUMAN FETAL 
TISSUE OBTAINED PURSUANT TO AN ABOR-
TION. 
(a) IN GENERAL.—Section 498A of the Public 
Health Service Act (42 U.S.C. 289g–1) is amended— 
(1) in the section heading, by striking ‘‘RE-
SEARCH ON TRANSPLANTATION OF FETAL TISSUE’’ 
and inserting ‘‘RESEARCH WITH FETAL TISSUE’’; 
(2) by amending subsection (a) to read as fol-
lows: 
‘‘(a) ESTABLISHMENT OF PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary may conduct 
or support research with human fetal tissue, or re-
search on modern, efficient alternatives to human 
fetal tissue such as organoids, induced pluripotent 
stem cells, and adult stem cells. The Secretary shall 
conduct or support any such research in accordance 
with this section. 
‘‘(2) SOURCE OF TISSUE.—Human fetal tissue 
may be used in research carried out under para-
graph (1) only if the tissue is obtained pursuant to 
a stillbirth.’’; 
(3) in subsection (b)(2)— 
(A) by striking subparagraph (A); and 
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(B) by redesignating subparagraphs (B) 
and (C) as subparagraphs (A) and (B), respec-
tively; 
(4) in subsection (c)(1)(B), by striking ‘‘may 
have been obtained pursuant to a spontaneous or in-
duced abortion or pursuant to a stillbirth’’ and in-
serting ‘‘has been obtained pursuant to a stillbirth’’; 
(5) in subsection (e), by adding at the end the 
following new paragraph: 
‘‘(3) HUMAN FETAL TISSUE OBTAINED FOR RE-
SEARCH.—In research carried out under subsection 
(a), human fetal tissue may be used only if such tis-
sue was obtained in accordance with applicable State 
law regulating anatomical gifts.’’; and 
(6) by amending subsection (g) to read as fol-
lows: 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) 
HUMAN
FETAL
TISSUE.—The 
term 
‘human fetal tissue’ means tissue or cells obtained 
from a dead human embryo or fetus after a still-
birth. 
‘‘(2) STILLBIRTH.—The term ‘stillbirth’ means 
a fetal death that occurs as a result of natural 
causes during a pregnancy, including an ectopic 
pregnancy.’’. 
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(b) TECHNICAL AMENDMENT.—Paragraph (1) of 
section 498B(e) of the Public Health Service Act (42 
U.S.C. 289g–2(e)(1)) is amended to read as follows: 
‘‘(1) The term ‘human fetal tissue’ means tis-
sue or cells obtained from a dead human embryo or 
fetus after a spontaneous or induced abortion, or 
after a stillbirth.’’. 
(c) REVISION OF REGULATIONS.—Not later than one 
year after the date of the enactment of this Act, the Sec-
retary of Health and Human Services shall revise such 
regulations as necessary, including section 46.206 of title 
45, Code of Federal Regulations, to incorporate the re-
quirements of this section. 
(d) REPEAL.—Section 113 of the National Institutes 
of Health Revitalization Act of 1993 (42 U.S.C. 289g– 
1 note) is hereby repealed. 
Æ 
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