To require implementation of the National Institutes of Health Guidelines for Research Using Human Pluripotent Stem Cells, and for other purposes.

Summary: Stem Cell Research for Patient Benefit Act 2001 - Requires the Director of the National Institutes of Health to: (1) conduct or support research using human pluripotent stem cells from embryos and fetal tissue in accordance with the National Institutes of Health Guidelines for Research Using Human Pluripotent Stem Cells; and (2) study and report to specified congressional committees on stem cells and the effectiveness of such guidelines.Requires the Secretary of Health and Human Services to enter into an agreement with: (1) the Institute of Medicine under which the Institute shall assess the current state of knowledge about therapies, including somatic cell nuclear transfer and therapies using pharmaceuticals, that may be used to address immunological rejection of stem cells and differentiated cells and tissue derived from stem cells; and (2) another appropriate public or nonprofit private entity to conduct such assessment if the Institute declines.Establishes the Biomedical Advisory Commission to study: (1) bioethical issues arising from research on human biology and applications of such research; and (2) emerging biomedical research, including the ethical, social, legal, and regulatory issues concerning such research and its clinical applications.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stem Cell Research for Patient 
Benefit Act of 2001''.

SEC. 2. IMPLEMENTATION OF NATIONAL INSTITUTES OF HEALTH GUIDELINES FOR 
              RESEARCH USING HUMAN PLURIPOTENT STEM CELLS.

    The Director of the National Institutes of Health shall conduct or 
support research using human pluripotent stem cells from embryos and 
fetal tissue in accordance with the National Institutes of Health 
Guidelines for Research Using Human Pluripotent Stem Cells, as 
published in the Federal Register on August 25, 2000 (65 FR 51976), and 
corrected on November 21, 2000 (65 FR 69951).

SEC. 3. STUDY ON STEM CELLS BY THE NATIONAL INSTITUTES OF HEALTH.

    (a) In General.--The Director of the National Institutes of Health 
shall conduct a study on the following:
            (1) The current state of knowledge about the following:
                    (A) Biological properties of stem cells obtained 
                from embryos, fetal tissues, and adult tissues.
                    (B) Biological differences among stem cells 
                obtained from embryos, fetal tissues, and adult tissues 
                and the significance of these differences for research 
                and medicine.
                    (C) Ability of stem cells to generate tissues, 
                including neurons and heart, kidney, blood, and liver 
                tissues, and the potential clinical uses of these 
                tissues.
            (2) Emerging stem cell applications.
            (3) The effectiveness of the guidelines referred to in 
        section 2.
    (b) Report.--Not later than 5 years after the date of the enactment 
of this Act, the Director of the National Institutes of Health shall 
submit a report describing the findings and conclusions of the study to 
the Committee on Energy and Commerce of the House of Representatives 
and the Committee on Health, Education, Labor, and Pensions of the 
Senate.

SEC. 4. STUDY ON THERAPIES ADDRESSING IMMUNOLOGICAL REJECTION OF STEM 
              CELLS AND DIFFERENTIATED CELLS AND TISSUE DERIVED FROM 
              STEM CELLS.

    (a) In General.--The Secretary of Health and Human Services (in 
this section referred to as the ``Secretary'') shall seek to enter into 
an agreement with the Institute of Medicine under which the Institute, 
taking into consideration the results of the study authorized by 
section 3, will conduct a study to--
            (1) assess the current state of knowledge about therapies, 
        including somatic cell nuclear transfer and therapies using 
        pharmaceuticals, that may be used to address immunological 
        rejection of stem cells and differentiated cells and tissue 
        derived from stem cells;
            (2) compare the potential therapeutic value of such 
        therapies; and
            (3) identify safeguards that could be implemented to 
        prevent the use of human embryos created by somatic cell 
        nuclear transfer for purposes other than the development of 
        therapies for diseases.
    (b) Other Entities.--If the Institute of Medicine declines to 
conduct the study described in subsection (a), the Secretary shall 
enter into an agreement with another appropriate public or nonprofit 
private entity to conduct the study.
    (c) Report.--The Secretary shall ensure that, not later than 2 
years after the date of the enactment of this Act, the study to be 
conducted under subsection (a) is completed and a report describing the 
findings and conclusions of the study is submitted to the Committee on 
Energy and Commerce of the House of Representatives and the Committee 
on Health, Education, Labor, and Pensions of the Senate.

SEC. 5. BIOMEDICAL ADVISORY COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the Biomedical Advisory Commission (in this section referred to as 
the ``Commission'').
    (b) Duties.--
            (1) Study.--The Commission shall conduct studies on the 
        following:
                    (A) Bioethical issues arising from research on 
                human biology and applications of such research.
                    (B) Emerging biomedical research, including the 
                ethical, social, legal, and regulatory issues 
                concerning such research and its clinical applications.
            (2) Recommendations.--Based on the results of the study, 
        the Commission shall formulate such recommendations as it 
        considers appropriate with the goal of realizing the 
        development of effective therapies as quickly as possible, 
        taking into account the relevant ethical, social, legal, and 
        regulatory considerations.
    (c) Membership.--
            (1) Appointment.--The Commission shall be composed of 13 
        members as follows:
                    (A) 1 member appointed by the President.
                    (B) 3 members appointed by the Speaker of the House 
                of Representatives.
                    (C) 3 members appointed by the minority leader of 
                the House of Representatives.
                    (D) 3 members appointed by the majority leader of 
                the Senate.
                    (E) 3 members appointed by the minority leader of 
                the Senate.
            (2) Qualifications.--The members appointed under 
        subparagraphs (B), (C), (D), and (E) of paragraph (1) shall 
        include representatives from the legal, ethical, scientific, 
        medical, patient, religious, and industry communities.
            (3) Consultation.--All appointments under paragraph (1) 
        shall be made in consultation with members of the communities 
        referred to in paragraph (2).
            (4) Chairperson.--The Chairperson of the Commission shall 
        be elected by a majority from among the members of the 
        Commission.
            (5) Terms.--Each member of the Commission shall be 
        appointed for a term of 3 years and may be reappointed.
            (6) Vacancies.--A vacancy in the Commission shall be filled 
        in the manner in which the original appointment was made.
    (d) Meetings.--The Commission shall meet--
            (1) at the call of the Chairperson; and
            (2) at least 2 times but not more than 4 times each 
        calendar year.
    (e) Compensation and Expenses.--
            (1) Compensation.--Subject to paragraph (2), each member of 
        the Commission shall be compensated at a rate equal to the 
        daily equivalent of the annual rate of basic pay prescribed for 
        level III of the Executive Schedule under section 5314 of title 
        5, United States Code, for each day (including travel time) 
        during which such member is engaged in the performance of the 
        duties of the Commission.
            (2) Prohibition of compensation of federal employees.--
        Members of the Commission who are full-time officers or 
        employees of the United States or Members of Congress may not 
        receive additional pay, allowances, or benefits by reason of 
        their service on the Commission.
            (3) Travel expenses.--Each member of the Commission shall 
        receive travel expenses, including per diem in lieu of 
        subsistence, in accordance with applicable provisions under 
        subchapter I of chapter 57 of title 5, United States Code, 
        while away from the member's home or regular place of business 
        in the performance of services for the Commission.
    (f) Executive Director and Staff.--
            (1) Executive director.--
                    (A) Appointment.--The Commission shall have an 
                Executive Director who shall be appointed by the 
                Secretary of Health and Human Services.
                    (B) Pay.--The Executive Director shall be paid at a 
                rate not to exceed the rate payable for level V of the 
                Executive Schedule under section 5316 of title 5, 
                United States Code.
            (2) Staff.--
                    (A) Appointment.--The Executive Director may 
                appoint such additional personnel as the Executive 
                Director sees fit.
                    (B) Pay.--The staff of the Commission shall be paid 
                in accordance with the provisions of chapter 51 and 
                subchapter III of chapter 53 of title 5, United States 
                Code, relating to classification and General Schedule 
                pay rates.
            (3) Applicability of certain civil service laws.--The 
        Executive Director and staff of the Commission shall be 
        appointed subject to the provisions of title 5, United States 
        Code, governing appointments in the competitive service.
    (g) Hearings and Sessions.--The Commission may, for the purpose of 
carrying out this section, hold hearings, sit and act at times and 
places, take testimony, and receive evidence as the Commission 
considers appropriate.
    (h) Obtaining Official Data.--The Commission may secure directly 
from any department or agency of the United States information (other 
than information required by any Federal statute to be kept 
confidential by such department or agency) necessary for the Commission 
to carry out its duties under this section. Upon request of the 
Commission, the head of that department or agency shall furnish such 
nonconfidential information to the Commission.
    (i) Administrative Support Services.--Upon the request of the 
Commission, the Administrator of General Services shall provide to the 
Commission, on a reimbursable basis, the administrative support 
services necessary for the Commission to carry out its responsibilities 
under this Act.
    (j) Contracts.--To the extent or in the amounts provided in advance 
in appropriations Acts, the Commission may contract with and compensate 
government and private agencies or persons for supplies and services.
    (k) Reports.--The Commission may submit to the Congress and the 
President such reports as the Congress requests or the Commission 
considers appropriate.
    (l) Termination.--The Commission terminates 30 days after the date 
that is 6 years after the date of the enactment of this Act.