PURCHASE OF HUMAN FETAL TISSUE; SOLICITATION OR ACCEPTANCE OF TISSUE AS DIRECTED DONATION FOR USE IN TRANSPLANTATION.

SEC. 112. PURCHASE OF HUMAN FETAL TISSUE; SOLICITATION OR ACCEPTANCE OF TISSUE AS DIRECTED DONATION FOR USE IN TRANSPLANTATION. Part G of title IV of the Public Health Service Act, as amended by section 111 of this Act, is amended by inserting after section 498A the following section: “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, 107 STAT. 132implantation, processing, preservation, quality control, or storage of human fetal tissue.”. SEC. 113. NULLIFICATION OF MORATORIUM. (a) In General.— Except as provided in subsection (c), no official of the executive branch may impose a policy that the Department of Health and Human Services is prohibited from conducting or supporting any research on the transplantation of human fetal tissue for therapeutic purposes. Such research shall be carried out in accordance with section 498A of the Public Health Service Act (as added by section 111 of this Act), without regard to any such policy that may have been in effect prior to the date of the enactment of this Act. (b) Prohibition Against Withholding of Funds in Cases of Technical and Scientific Merit.— (1) In general.— Subject to subsection (b)(2) of section 492A of the Public Health Service Act (as added by section 101 of this Act), in the case of any proposal for research on the transplantation of human fetal tissue for therapeutic purposes, the Secretary of Health and Human Services may not withhold funds for the research if— (A) the research has been approved for purposes of subsection (a) of such section 492A; (B) the research will be carried out in accordance with section 498A of such Act (as added by section 111 of this Act); and (C) there are reasonable assurances that the research will not utilize any human fetal tissue that has been obtained in violation of section 498B(a) of such Act (as added by section 112 of this Act). (2) Standing approval regarding ethical status.— In the case of any proposal for research on the transplantation of human fetal tissue for therapeutic purposes, the issuance in December 1988 of the Report of the Human Fetal Tissue Transplantation Research Panel shall be deemed to be a report— (A) issued by an ethics advisory board pursuant to section 492A(b)(5)(B)(ii) of the Public Health Service Act (as added by section 101 of this Act); and (B) finding, on a basis that is neither arbitrary nor capricious, that the nature of the research is such that it is not unethical to conduct or support the research. (c) Authority for Withholding Funds From Research.— In the case of any research on the transplantation of human fetal tissue for therapeutic purposes, the Secretary of Health and Human Services may withhold funds for the research if any of the conditions specified in any of subparagraphs (A) through (C) of subsection (b)(1) are not met with respect to the research. (d) Definition.— For purposes of this section, the term “human fetal tissue” has the meaning given such term in section 498A(f) of the Public Health Service Act (as added by section 111 of this Act).