HR 4605 IH
106th CONGRESS
2d Session

H. R. 4605

To amend the Public Health Service Act with respect to the protection of human subjects in research.

IN THE HOUSE OF REPRESENTATIVES

June 8, 2000

Ms. DEGETTE (for herself, Mr. MICA, Mr. WAXMAN, Mr. DINGELL, Mr. BROWN of Ohio, Mr. LATOURETTE, Mr. TOWNS, Mr. STARK, and Mr. KUCINICH) introduced the following bill; which was referred to the Committee on Commerce






CONTENTS






A BILL

To amend the Public Health Service Act with respect to the protection of human subjects in research.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

SEC. 2. FINDINGS AND PURPOSES.

TITLE I--HUMAN SUBJECT PROTECTIONS

SEC. 101. Protection of Human Subjects; Uniform National Applicablity of Common Rule and Porvisions Protecting Vulnerable Populations POPULATIONS.

`Protection of Human Subjects; Uniform National Applicablity of Common Rule and Porvisions Protecting Vulnerable Populations

SEC. 102. SCOPE OF AUTHORITY OF SECRETARY.

Section 491A of the Public Health Service Act, as added by section 101 of this Act, is amended by adding at the end the following subsections:

SEC. 103. ENHANCED HUMAN SUBJECT PROTECTIONS FOR PEOPLE WITH DIMINISHED DECISIONMAKING CAPACITY.

TITLE II--INFORMED CONSENT

SEC. 201. RIGHT OF INFORMED CONSENT.

Section 491A of the Public Health Service Act, as added by section 102 of this Act, is amended by adding at the end the following subsection:

SEC. 202. WRITTEN ATTESTATION AND DISCLOSURE.

Section 491A(d) of the Public Health Service Act, as added by section 201 of this Act, is amended by adding at the end the following paragraph:

`(4) WRITTEN ATTESTATION AND DISCLOSURE-

TITLE III--INSTITUTIONAL REVIEW BOARDS

SEC. 301. REQUIREMENTS FOR BOARD.

Section 491A of the Public Health Service Act, as added by section 201 of this Act, is amended by adding at the end the following subsection:

SEC. 302. NOTIFICATION OF INSTITUTIONAL REVIEW BOARD.

Section 491A(e) of the Public Health Service Act, as added by section 301 of this Act, is amended by adding at the end the following paragraph:

SEC. 303. ACTIVITIES.

Section 491A(e) of the Public Health Service Act, as amended by section 302 of this Act, is amended by adding at the end the following subparagraph:

SEC. 304. DISCLOSURE OF INTERESTS.

Section 491A(e) of the Public Health Service Act, as amended by section 303 of this Act, is amended by adding at the end the following paragraph:

SEC. 305. ACCREDITATION.

SEC. 306. COST RECOVERY.

SEC. 307. APPLICABILITY OF REQUIREMENTS.

TITLE IV--FEDERAL OVERSIGHT

SEC. 401. ESTABLISHMENT OF OFFICE FOR PROTECTION OF RESEARCH SUBJECTS.

  • (2) by striking `SEC. 491.

  • (3) by inserting before subsection (b) (as redesignated by paragraph (2) of this subsection) the following:
  • `SEC. 491. (a) OFFICE FOR PROTECTION OF RESEARCH SUBJECTS- There is established within the Office of the Secretary an office to be known as the Office for Protection of Research Subjects (in this section referred to as the `Office'). The Office shall be headed by a director, who shall be appointed by the Secretary. The Secretary shall carry out this section acting through the Director of the Office.'.

  • (b) CONFORMING AMENDMENTS- Section 491 of the Public Health Service Act (42 U.S.C. 289) is amended in subsection (c) (as redesignated by subsection (a)(1) of this section)--

    SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

    SEC. 403. INSTITUTIONAL PROGRAMS FOR PROVIDING EDUCATION ON PROTECTION OF HUMAN SUBJECTS IN RESEARCH.

    SEC. 404. CERTAIN CLASSIFIED HUMAN-SUBJECT RESEARCH.

    SEC. 405. RULE OF CONSTRUCTION REGARDING INDIVIDUAL AGENCY OFFICES.

    SEC. 406. NATIONAL BIOETHICS ADVISORY COMMISSION.

    `TITLE XVIII--NATIONAL BIOETHICS ADVISORY COMMISSION

    `SEC. 1801. NATIONAL BIOETHICS ADVISORY COMMISSION.

    and make recommendations to the President, Federal agencies, other appropriate entities, and the public on bioethical issues arising from the delivery of health care; research on human biology and behavior; and the applications, including the clinical applications, of that research. The Commission is governed by the provisions of the Federal Advisory Committee Act.