I 

108TH CONGRESS 

2D SESSION H. R. 3960

To authorize the use of Federal funds for research on human embryonic 

stem cells irrespective of the date on which such stem cells were derived, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 11, 2004

Ms. MILLENDER-MCDONALD introduced the following bill; which was referred 

to the Committee on Energy and Commerce 

A BILL

To authorize the use of Federal funds for research on human 

embryonic stem cells irrespective of the date on which 

such stem cells were derived, 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 Replenish5 ment Act of 2004’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 

8 (1) Scientists have shown they can direct 

9 human embryonic stem cells to develop into insulin-
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1 producing cells that might help cure juvenile diabe2 tes. Up to 100 million Americans may benefit from 

3 research in this area. 

4 (2) Parkinson’s disease is a very common 

5 neurodegenerative disorder that affects more than 2 

6 percent of the population over 65 years of age. 

7 (3) Several laboratories have been successful in 

8 developing methods to induce embryonic stem cells 

9 to differentiate into cells with many of the functions 

10 of dopamine-producing neurons used to relieve the 

11 symptoms of Parkinson’s disease. 

12 (4) Without Federal funding for research relat13 ing to human embryonic stem cells—

14 (A) the Nation’s top academic researchers 

15 at universities, medical schools, and teaching 

16 hospitals would be precluded from joining in the 

17 search for cures; 

18 (B) progress in this search would be much 

19 slower; and 

20 (C) the United States would lag behind 

21 and loose its leadership role in scientific 

22 achievement and discovery. 

23 (5) On August 9, 2001, the President an24 nounced that Federal funds may be used for re25 search on human embryonic stem cell lines only if—
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1 (A) prior to the President’s announce2 ment—

3 (i) the derivation process (which com4 mences with the removal of the inner cell 

5 mass from the blastocyst) had already been 

6 initiated; and 

7 (ii) the embryo from which the stem 

8 cell line was derived no longer had the pos9 sibility of development as a human being; 

10 (B) the stem cells involved were derived 

11 from an embryo that was created for reproduc12 tive purposes; 

13 (C) the embryo was no longer needed for 

14 such purposes; 

15 (D) informed consent was obtained for the 

16 donation of the embryo; and 

17 (E) no financial inducements were pro18 vided for donation of the embryo. 

19 SEC. 3. FEDERAL FUNDING OF STEM CELL RESEARCH. 

20 (a) DERIVATION DATE.—Notwithstanding the Presi21 dent’s announcement regarding stem cell research on Au22 gust 9, 2001, and the notice published by the National 

23 Institutes of Health on November 7, 2001, entitled ‘‘No24 tice of Criteria for Federal Funding of Research on Exist25 ing Human Embryonic Stem Cells and Establishment of 
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1 NIH Human Embryonic Stem Cell Registry’’ (NOT–OD–

2 02–006), Federal funds may be used for research on 

3 human embryonic stem cells irrespective of the date on 

4 which the derivation process for such stem cells was initi5 ated or completed. 

6 (b) RULE OF CONSTRUCTION.—Except with respect 

7 to the derivation date requirement described in subsection 

8 (a), this section shall not be construed to affect the re9 quirements made applicable to human embryonic stem cell 

10 research in guidelines and notices published by the Na11 tional Institutes of Health. 

12 (c) ADMINISTRATIVE REVIEW.—The Director of the 

13 National Institutes of Health shall—

14 (1) review the guidelines and notices published 

15 by the National Institutes of Health with respect to 

16 human embryonic stem cell research; and 

17 (2) revise such guidelines and notices to the ex18 tent necessary to ensure the availability of not less 

19 than 60 stem cell lines that are scientifically fit for 

20 distribution for research purposes.

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