42 U.S.C. § 289g
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-
In administering the regulations for the protection of human research subjects which-
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.
42 U.S.C. § 289g
EDITORIAL NOTES
AMENDMENTS1993-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, §157(b), substituted "24 months after November 4, 1988" for "thirty months after November 20, 1985".Subsec. (c)(2). Pub. L. 100-607, §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, §156(2), substituted "1990" for "1988".
STATUTORY NOTES AND RELATED SUBSIDIARIES
NULLIFICATION OF CERTAIN PROVISIONS Pub. L. 103-43, title I, §121(c), June 10, 1993, 107 Stat. 133, 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 DOCUMENTS
EXECUTIVE ORDER NO. 12806. ESTABLISHMENT OF FETAL TISSUE BANKEx. 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, §121(c), June 10, 1993, 107 Stat. 133, set out above.
FEDERAL FUNDING OF FETAL TISSUE TRANSPLANTATION RESEARCHMemorandum of President of the United States, Jan. 22, 1993, 58 F.R. 7457, provided:Memorandum for the Secretary of Health and Human ServicesOn 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.
- Advisory Committee
- The term "Advisory Committee" means the Green Building Advisory Committee established under section 484.1
- Secretary
- The term "Secretary" means the Secretary of Housing and Urban Development.1 See References in Text note below.