
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC289g]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
              SUBCHAPTER III--NATIONAL RESEARCH INSTITUTES
 
                       Part H--General Provisions
 
Sec. 289g. Fetal research


(a) Conduct or support by Secretary; restrictions

    The Secretary may not conduct or support any research or 
experimentation, in the United States or in any other country, on a 
nonviable living human fetus ex utero or a living human fetus ex utero 
for whom viability has not been ascertained unless the research or 
experimentation--
        (1) may enhance the well-being or meet the health needs of the 
    fetus or enhance the probability of its survival to viability; or
        (2) will pose no added risk of suffering, injury, or death to 
    the fetus and the purpose of the research or experimentation is the 
    development of important biomedical knowledge which cannot be 
    obtained by other means.

(b) Risk standard for fetuses intended to be aborted and fetuses 
        intended to be carried to term to be same

    In administering the regulations for the protection of human 
research subjects which--
        (1) apply to research conducted or supported by the Secretary;
        (2) involve living human fetuses in utero; and
        (3) are published in section 46.208 of part 46 of title 45 of 
    the Code of Federal Regulations;

or any successor to such regulations, the Secretary shall require that 
the risk standard (published in section 46.102(g) of such part 46 or any 
successor to such regulations) be the same for fetuses which are 
intended to be aborted and fetuses which are intended to be carried to 
term.

(July 1, 1944, ch. 373, title IV, Sec. 498, as added Pub. L. 99-158, 
Sec. 2, Nov. 20, 1985, 99 Stat. 877; amended Pub. L. 100-607, title I, 
Secs. 156, 157(b), Nov. 4, 1988, 102 Stat. 3059; Pub. L. 103-43, title 
I, Sec. 121(b)(1), June 10, 1993, 107 Stat. 133.)


                               Amendments

    1993--Subsec. (c). Pub. L. 103-43 struck out subsec. (c) which 
directed Biomedical Ethics Advisory Committee to conduct a study of the 
nature, advisability, and biomedical and ethical implications of 
exercising any waiver of the risk standard published in section 
46.102(g) of part 46 of title 45 of the Code of Federal Regulations and 
to report its finding to the Biomedical Ethics Board not later than 24 
months after Nov. 4, 1988, which report was to be then transmitted to 
specified Congressional committees.
    1988--Subsec. (c)(1). Pub. L. 100-607, Sec. 157(b), substituted ``24 
months after November 4, 1988'' for ``thirty months after November 20, 
1985''.
    Subsec. (c)(2). Pub. L. 100-607, Sec. 156(1), substituted ``24-month 
period beginning on November 4, 1988'' for ``thirty-six month period 
beginning on November 20, 1985''.
    Subsec. (c)(3). Pub. L. 100-607, Sec. 156(2), substituted ``1990'' 
for ``1988''.


                   Nullification of Certain Provisions

    Section 121(c) of Pub. L. 103-43 provided that: ``The provisions of 
Executive Order 12806 (57 Fed. Reg. 21589 (May 21, 1992)) [formerly set 
out below] shall not have any legal effect. The provisions of section 
204(d) of part 46 of title 45 of the Code of Federal Regulations (45 CFR 
46.204(d)) shall not have any legal effect.''

      Executive Order No. 12806. Establishment of Fetal Tissue Bank

    Ex. Ord. No. 12806, May 19, 1992, 57 F.R. 21589, which established a 
human fetal tissue bank, was nullified by Pub. L. 103-43, title I, 
Sec. 121(c), June 10, 1993, 107 Stat. 133, set out above.

        Federal Funding of Fetal Tissue Transplantation Research

    Memorandum of President of the United States, Jan. 22, 1993, 58 F.R. 
7457, provided:
    Memorandum for the Secretary of Health and Human Services
    On March 22, 1988, the Assistant Secretary for Health of Health and 
Human Services (``HHS'') imposed a temporary moratorium on Federal 
funding of research involving transplantation of fetal tissue from 
induced abortions. Contrary to the recommendations of a National 
Institutes of Health advisory panel, on November 2, 1989, the Secretary 
of Health and Human Services extended the moratorium indefinitely. This 
moratorium has significantly hampered the development of possible 
treatments for individuals afflicted with serious diseases and 
disorders, such as Parkinson's disease, Alzheimer's disease, diabetes, 
and leukemia. Accordingly, I hereby direct that you immediately lift the 
moratorium.
    You are hereby authorized and directed to publish this memorandum in 
the Federal Register.
                                                     William J. Clinton.
