H.R.5456 - Research Freedom Act of 1990101st Congress (1989-1990)
|Sponsor:||Rep. Waxman, Henry A. [D-CA-24] (Introduced 08/03/1990)|
|Committees:||House - Energy and Commerce|
|Latest Action:||10/15/1990 For Further Action See H.R.5661. (All Actions)|
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Summary: H.R.5456 — 101st Congress (1989-1990)All Information (Except Text)
Introduced in House (08/03/1990)
Research Freedom Act of 1990 - Title I: Review of Proposals for Biomedical and Behavioral Research - Amends the Public Health Service Act to prohibit the Secretary of Health and Human Services from funding or approving biomedical or behavioral research which has not been approved by the entities presently responsible for reviewing such research or research proposals. Prohibits the Secretary from withholding funding, on ethical grounds, for research which has been approved by such entities unless the Secretary has convened an ethics advisory board and a majority of such board recommend, on ethical grounds, that such funding be withheld. Provides for the appointment of such boards.
Title II: Research on Transplantation of Fetal Tissue - Allows the Secretary to conduct or support research on the transplantation of human fetal tissue for therapeutic purposes, regardless of whether the tissue is obtained pursuant to a stillbirth or a spontaneous or induced abortion, upon the informed written consent of the woman providing the tissue and her acknowledgement that the donation is made without restriction or knowledge of tissue recipients and, if made possible by induced abortion, was not the cause of her abortion decision. Prohibits the use of human fetal tissue obtained pursuant to an induced abortion unless the donor makes an additional written statement prior to the abortion that the abortion is not being undergone for the purpose of tissue donation.
Requires fetal tissue researchers to make a written statement acknowledging that tissue is human fetal tissue which may have been obtained pursuant to an induced abortion and promising to provide such information to research assistant and prospective tissue transplant recipients.
Directs the Secretary to conduct fetal tissue research in accordance with applicable State and local law.
Prohibits the purchase or sale of human fetal tissue. Subjects violators of such prohibition to a fine and/or imprisonment.
Prohibits the executive branch from imposing a policy barring the Department of Health and Human Services from conducting or supporting any research on the transplantation of human fetal tissue for therapeutic purposes.
Deems the Report of the Human Fetal Tissue Transplantation Research Panel to have been issued by an ethics advisory board and to have found that there are no ethical grounds for withholding funds for such research.
Title III: General Provisions - Makes this Act effective upon enactment or, if later, October 1, 1990.