I

107TH CONGRESS

1ST SESSION H. R. 2059

To amend the Public Health Service Act to provide for human embryonic

stem cell generation and research.

IN THE HOUSE OF REPRESENTATIVES

JUNE 5, 2001

Mr. MCDERMOTT 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 embryonic stem cell generation and research.

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 Act of 2001’’.

6 SEC. 2. HUMAN EMBRYONIC STEM CELL GENERATION AND

7 RESEARCH.

8 Part H of the Title IV of the Public Health Service

9 Act (42 U.S.C. 289 et seq.) is amended by inserting after

10 section 498B the following:
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1 ‘‘SEC. 498C. HUMAN EMBRYONIC STEM CELL GENERATION

2 AND RESEARCH.

3 ‘‘(a) IN GENERAL.—Notwithstanding any other pro4 vision of law, the Secretary may only conduct, support,

5 or fund research on human embryos for the purpose of

6 generating embryonic stem cells and utilizing stem cells

7 that have been derived from embryos in accordance with

8 this section.

9 ‘‘(b) SOURCES OF EMBRYONIC STEM CELLS.—For

10 purposes of carrying out research under subsection (a),

11 the human embryonic stem cells involved shall be derived

12 only from embryos that have been donated from in-vitro

13 fertilization clinics after compliance with the following:

14 ‘‘(1) Prior to the consideration of embryo dona15 tion and through consultation with the progenitors,

16 it is determined that the embryos will never be im17 planted in a woman and would otherwise be dis18 carded.

19 ‘‘(2) The embryos are donated with the written

20 informed consent of the progenitors.

21 ‘‘(c) RESTRICTIONS.—

22 ‘‘(1) IN GENERAL.—The following restriction

23 shall apply with respect to human embryonic stem

24 cell research conducted or supported under sub25 section (a):
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1 ‘‘(A) The research involved shall not result

2 in the creation of human embryos.

3 ‘‘(B) The research involved shall not result

4 in the reproductive cloning of a human being.

5 ‘‘(2) PROHIBITION.—

6 ‘‘(A) IN GENERAL.—It shall be unlawful

7 for any person receiving Federal funds to know8 ingly acquire, receive, or otherwise transfer any

9 human embryos for valuable consideration if the

10 acquisition, receipt, or transfer affects inter11 state commerce.

12 ‘‘(B) DEFINITION.—In subparagraph (A),

13 the term ‘valuable consideration’ does not in14 clude reasonable payments associated with

15 transportation, transplantation, processing,

16 preservation, quality control, or storage.

17 ‘‘(d) GUIDELINES.—The Secretary, in conjunction

18 with the Director of the National Institutes of Health,

19 shall issue guidelines that expand on the rules governing

20 human embryonic stem cell research (as in effect on the

21 date of enactment of this section) to include rules that

22 govern the derivation of stem cells from donated embryos

23 under this section.

24 ‘‘(e) REPORTING REQUIREMENTS.—The Secretary

25 shall annually prepare and submit to the appropriate com-
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1 mittees of Congress a report describing the activities car2 ried out under this section during the preceding fiscal

3 year, and including a description of whether and to what

4 extent research under subsection (a) has been conducted

5 in accordance with this section.’’.

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