I 

111TH CONGRESS 

2D SESSION H. R. 4808 

To amend the Public Health Service Act to provide for human stem cell 

research, including human embryonic stem cell research, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 10, 2010 

Ms. DEGETTE (for herself, Mr. CASTLE, Mr. LANGEVIN, Ms. BALDWIN, Mrs. 

CAPPS, Mr. CARNAHAN, Mr. DENT, Mr. GENE GREEN of Texas, Mr. 

KIRK, and Mr. PERLMUTTER) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Public Health Service Act to provide for 

human stem cell research, including human embryonic 

stem cell research, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stem Cell Research 

5 Advancement Act of 2009’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds as follows: 


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1 (1) On March 9, 2009, President Barack 

2 Obama issued Executive Order 13505, entitled ‘‘Re3 moving Barriers to Responsible Scientific Research 

4 Involving Human Stem Cells’’. 

5 (2) On July 7, 2009, the National Institutes of 

6 Health issued guidelines on human stem cell re7 search. 

8 (3) The scientific field of stem cell research is 

9 continually advancing. 

10 SEC. 3. HUMAN STEM CELL RESEARCH. 

11 Part H of title IV of the Public Health Service Act 

12 (42 U.S.C. 289 et seq.) is amended by inserting after sec13 tion 498C the following: 

14 ‘‘SEC. 498D. HUMAN STEM CELL RESEARCH. 

15 ‘‘(a) IN GENERAL.—Notwithstanding any other pro16 vision of law, the Secretary shall conduct and support re17 search that utilizes human stem cells, including human 

18 embryonic stem cells. 

19 ‘‘(b) ELIGIBILITY.—Human embryonic stem cells eli20 gible for use in research under subsection (a) shall include 

21 stem cells that meet each of the following: 

22 ‘‘(1) The stem cells were derived from human 

23 embryos that have been donated from in vitro fer24 tilization clinics, were created for the purposes of reVerDate Nov 24 2008 03:33 Mar 12, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4808.IH H4808

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1 productive treatment, and were in excess of the clin2 ical need of the individuals seeking such treatment. 

3 ‘‘(2) It was determined through consultation 

4 with the individuals seeking reproductive treatment 

5 that the embryos to be donated would never be im6 planted in a woman and would otherwise be dis7 carded. 

8 ‘‘(3) The individuals seeking reproductive treat9 ment donated the embryos with written informed 

10 consent and without receiving any financial or other 

11 inducements to make the donation. 

12 ‘‘SEC. 498E. GUIDELINES. 

13 ‘‘The Secretary, in consultation with the Director of 

14 NIH, shall— 

15 ‘‘(1) maintain guidelines applicable to the con16 duct or support of human stem cell research by the 

17 Department of Health and Human Services; 

18 ‘‘(2) review such guidelines not less than every 

19 3 years; and 

20 ‘‘(3) update such guidelines as scientifically 

21 warranted. 

22 ‘‘SEC. 498F. PROHIBITION AGAINST FUNDING FOR HUMAN 

23 CLONING. 

24 ‘‘(a) PROHIBITION.—The Secretary shall not use any 

25 funds for the conduct or support of human cloning. 


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1 ‘‘(b) GUIDELINES.—The Secretary shall update the 

2 guidelines maintained under section 498E for consistency 

3 with subsection (a). 

4 ‘‘(c) DEFINITIONS.—In this section, the term ‘human 

5 cloning’ means the implantation of the product of trans6 ferring the nuclear material of a human somatic cell into 

7 an egg cell from which the nuclear material has been re8 moved or rendered inert into a uterus or the functional 

9 equivalent of a uterus.’’. 

10 SEC. 4. REPORTING REQUIREMENTS. 

11 Section 403(a)(5) of the Public Health Service Act 

12 (42 U.S.C. 283(a)(5)) is amended— 

13 (1) by redesignating subparagraph (L) as (M); 

14 and 

15 (2) by inserting after subparagraph (K) the fol16 lowing: 

17 ‘‘(L) Human stem cells.’’. 

Æ 


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