[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8307 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8307
To amend the Public Health Service Act to direct the Secretary of
Health and Human Services to require certain medical information
related to donors of reproductive tissue be made available to
recipients of such tissue and persons conceived using such tissue, and
for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
July 7, 2022
Mr. Jacobs of New York (for himself and Mr. Bacon) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
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A BILL
To amend the Public Health Service Act to direct the Secretary of
Health and Human Services to require certain medical information
related to donors of reproductive tissue be made available to
recipients of such tissue and persons conceived using such tissue, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ``Steven's Law''.
SEC. 2. REPRODUCTIVE TISSUE DONOR INFORMATION.
(a) In General.--The Public Health Service Act (42 U.S.C. 201 et
seq.) is amended by inserting after section 369 the following new
section:
``SEC. 369A. REPRODUCTIVE TISSUE DONOR INFORMATION.
``(a) In General.--The Secretary shall, by regulation, require that
a reproductive tissue bank--
``(1) collect and verify medical history information from
each donor from whom such bank acquires donor reproductive
tissue; and
``(2) make available on request such information to--
``(A) any recipient of such donor reproductive
tissue, including before such recipient purchases or
otherwise receives such donor reproductive tissue;
``(B) the physician of any such recipient; and
``(C) any donor-conceived person conceived with
such donor reproductive tissue if such person has
attained eighteen years of age or has the consent of
such person's parent or guardian.
``(b) Donor Disclosure.--Under the regulations issued pursuant to
subsection (a), the Secretary shall require a donor to--
``(1) disclose to a reproductive tissue bank that acquires
donor reproductive tissue from such donor--
``(A) all diagnosed sexually transmitted infectious
diseases that the donor has at the time of donation;
``(B) all diagnosed medical conditions of the
donor, including genetic disorders, schizophrenia and
other serious mental illnesses (as determined by the
Secretary), and intellectual disabilities;
``(C) any familial medical conditions (as defined
by the Secretary) to the extent such donor has
knowledge of or should have knowledge of such
conditions, including the conditions referred to in
subparagraph (B); and
``(D) the name and contact information of each
medical professional who has examined or treated the
donor during the 5 years preceding the date of the
donation; and
``(2) provide a waiver of protections of the donor's
medical history and records, including the regulations under
section 264(c) of the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. 1320d-2 note), necessary
to authorize such bank to--
``(A) obtain donor medical records from each
medical professional identified under paragraph (1)(D);
and
``(B) disclose the donor's medical history and
records to a recipient, physician, or donor-conceived
person in accordance with subsection (a).
``(c) Reproductive Tissue Bank Disclosure.--Under the regulations
issued pursuant to subsection (a), the Secretary shall require a
reproductive tissue bank to--
``(1) provide to a donor from whom reproductive tissue is
acquired a statement of the obligations of such donor described
in subsection (b) and obtain a signed acknowledgment of such
obligations;
``(2) verify the medical information provided by a donor in
accordance with subsection (b) by comparing such information
with donor medical records;
``(3) review donor medical records for risk factors of
genetic disorders;
``(4) except in the case of a donor known to the recipient,
remove any individually identifying information, including the
donor's name, address, and other information that may be used
to identify such donor, from donor medical records; and
``(5) in accordance with paragraph (4) and using a standard
form prescribed by the Secretary, make available, at no cost,
to a recipient, physician, or donor-conceived person in
accordance with subsection (a)--
``(A) the donor's medical records;
``(B) a summary of the information included in such
records; and
``(C) any donor medical information that such bank
was unable to obtain from donor medical records,
including--
``(i) the type of information unable to be
obtained; and
``(ii) the reason such bank was unable to
obtain such information.
``(d) Definitions.--In this section:
``(1) Donor.--The term `donor' means a person who provides
donor reproductive tissue for use in an artificial insemination
or assisted reproductive procedure performed on recipients
other than that person or that person's regular sexual partner,
and includes direct and known donors.
``(2) Donor-conceived person.--The term `donor-conceived
person' means a person purposely conceived through the use of
donor reproductive tissue.
``(3) Donor reproductive tissue.--The term `donor
reproductive tissue' means any tissue, including semen,
oocytes, embryos, spermatozoa, or spermatids, from the
reproductive tract intended for use in an artificial
insemination or assisted reproductive procedure.
``(4) Recipient.--The term `recipient' means a person who
receives donor reproductive tissue for the purposes of that
person conceiving a child.
``(5) Reproductive tissue bank.--The term `reproductive
tissue bank'--
``(A) means an entity which acquires, processes,
stores, or releases donor reproductive tissue for an
insemination implantation site or recipient to use in
an artificial insemination or assisted reproductive
technology procedure; and
``(B) includes a semen bank, oocyte donation
program, and embryo bank.''.
(b) Rule Required.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall promulgate a final rule to
carry out section 369A of the Public Health Service Act, as added by
subsection (a).
(c) Conforming Amendment.--Section 368(a) of the Public Health
Service Act is amended by striking ``366 or'' and inserting ``366 or
369A or''.
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