S.1
Public Law: 103-43 (06/10/93)
SPONSOR: Sen Kennedy (introduced 01/21/93)

TITLE(S):

POPULAR TITLE(S):
National Institutes of Health Revitalization
Fetal Tissue Research bill

SHORT TITLE(S) AS INTRODUCED:
National Institutes of Health Revitalization Act of 1993

SHORT TITLE(S) AS PASSED HOUSE:
National Institutes of Health Revitalization Act of 1993
Unfunded Mandate Reform Act of 1995

SHORT TITLE(S) AS ENACTED:
National Institutes of Health Revitalization Act of 1993

OFFICIAL TITLE AS INTRODUCED:
A bill to amend the Public Health Service Act to revise and extend the
programs of the National Institutes of Health, and for other purposes.

`PROHIBITIONS REGARDING HUMAN FETAL TISSUE

      `SEC. 498B. (a) PURCHASE OF TISSUE- It shall be unlawful for any
person to knowingly acquire, receive, or otherwise transfer any human
fetal tissue for valuable consideration if the transfer affects
interstate commerce.

      `(b) SOLICITATION OR ACCEPTANCE OF TISSUE AS DIRECTED DONATION FOR

USE IN TRANSPLANTATION- It shall be unlawful for any person to solicit
or knowingly acquire, receive, or accept a donation of human fetal
tissue for the purpose of transplantation of such tissue into another
person if the donation affects interstate commerce, the tissue will be
or is obtained pursuant to an induced abortion, and--

            `(1) the donation will be or is made pursuant to a promise
to the donating individual that the donated tissue will be transplanted
into a recipient specified by such individual;

            `(2) the donated tissue will be transplanted into a relative

of the donating individual; or

            `(3) the person who solicits or knowingly acquires,
receives, or accepts the donation has provided valuable consideration
for the costs associated with such abortion.

      `(c) CRIMINAL PENALTIES FOR VIOLATIONS-

            `(1) IN GENERAL- Any person who violates subsection (a) or
(b) shall be fined in accordance with title 18, United States Code,
subject to paragraph (2), or imprisoned for not more than 10 years, or
both.

            `(2) PENALTIES APPLICABLE TO PERSONS RECEIVING
CONSIDERATION- With respect to the imposition of a fine under paragraph
(1), if the person involved violates subsection (a) or (b)(3), a fine
shall be imposed in an amount not less than twice the amount of the
valuable consideration received.

      `(d) DEFINITIONS- For purposes of this section:

            `(1) The term `human fetal tissue' has the meaning given
such term in section 498A(f).

            `(2) The term `interstate commerce' has the meaning given
such term in section 201(b) of the Federal Food, Drug, and Cosmetic Act.

            `(3) The term `valuable consideration' does not include
reasonable payments associated with the transportation, implantation,
processing, preservation, quality control, or storage of human fetal
tissue.'.