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42 U.S.C. § 289g — Fetal research
Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Source location: Title 42, Chapter 6A, § 289g; chapter-6a-public-health-service.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
When used in this chapter—
**(a)** The term “Service” means the Public Health Service;
**(b)** The term “Surgeon General” means the Surgeon General of the Public Health Service;
**(c)** Unless the context otherwise requires, the term “Secretary” means the Secretary of Health and Human Services.
**(d)** The term “regulations”, except when otherwise specified, means rules and regulations made by the Surgeon General with the approval of the Secretary;
**(e)** The term “executive department” means any executive department, agency, or independent establishment of the United States or any corporation wholly owned by the United States;
**(f)** Except as provided in sections 246(g)(4)(B),11 See References in Text note below. 247c(c)(1),1 254d(h)(3),1 263c(5),1 264(d), 292a(9),1 300a(c), 300f(13), and 300n(1) 1 of this title, the term “State” includes, in addition to the several States, only the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.
**(g)** The term “possession” includes, among other possessions, Puerto Rico and the Virgin Islands;
**(h)** Repealed. Pub. L. 97–35, title IX, § 986(a), Aug. 13, 1981, 95 Stat. 603.
**(i)** The term “vessel” includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, exclusive of aircraft and amphibious contrivances;
**(j)** The term “habit-forming narcotic drug” or “narcotic” means opium and coca leaves and the several alkaloids derived therefrom, the best known of these alkaloids being morphia, heroin, and codeine, obtained from opium, and cocaine derived from the coca
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 202
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Federal law — U.S. Code and appendices · legal_authorities
Page 807
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 289g
Such appropriations may be expended by con-
tract if deemed necessary, without regard to
section 6101 of title 41.
(b)(1) None of the amounts appropriated under
this chapter for the purposes of this subchapter
may be obligated for the construction of facili-
ties (including the acquisition of land) unless a
provision of this subchapter establishes express
authority for such purpose and unless the Act
making appropriations under such provision
specifies that the amounts appropriated are
available for such purpose.
(2) Any grants, cooperative agreements, or
contracts authorized in this subchapter for the
construction of facilities may be awarded only
on a competitive basis.
(July 1, 1944, ch. 373, title IV, § 496, as added Pub.
L. 99–158, § 2, Nov. 20, 1985, 99 Stat. 877; amended
Pub. L. 101–190, § 8, Nov. 29, 1989, 103 Stat. 1695;
Pub. L. 103–43, title XX, § 2008(b)(15), June 10,
1993, 107 Stat. 211.)
Editorial Notes
CODIFICATION
In subsec. (a), ‘‘section 6101 of title 41’’ substituted
for ‘‘section 3709 of the Revised Statutes (41 U.S.C. 5)’’
on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124
Stat. 3854, which Act enacted Title 41, Public Con-
tracts.
AMENDMENTS
1993—Subsec. (a). Pub. L. 103–43 substituted ‘‘Appro-
priations to carry out the purposes of this subchapter’’
for ‘‘Such appropriations’’.
1989—Subsec. (a). Pub. L. 101–190 designated existing
provisions as subsec. (a), struck out first sentence
which read as follows: ‘‘Appropriations to carry out the
purposes of this subchapter shall be available for the
acquisition of land or the erection of buildings only if
so specified.’’, and added subsec. (b).
Statutory Notes and Related Subsidiaries
CONSTRUCTION
OF BIOMEDICA
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 289g
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