I 

108TH CONGRESS 

2D SESSION H. R. 4682 

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

stem cell research. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 24, 2004 

Mr. CASTLE (for himself, Ms. DEGETTE, Mr. DOOLEY of California, Mr. 

BASS, Mrs. BIGGERT, Mr. GIBBONS, Mr. GILCHREST, Mr. GREENWOOD, 

Mr. HOUGHTON, Mrs. JOHNSON of Connecticut, Mr. KIRK, Mr. KOLBE, 

Mr. LEACH, Mr. RAMSTAD, Mr. SHAYS, Ms. BALDWIN, Mr. BROWN of 

Ohio, Mr. EVANS, Mr. LANGEVIN, Mrs. MALONEY, Mr. WAXMAN, Mr. 

STARK, Mr. MOORE, Mrs. CAPPS, Mr. HOYER, and Ms. SOLIS) 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 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 Enhancement Act of 2004’’. 
2 

•HR 4682 IH 

1 SEC. 2. HUMAN EMBRYONIC STEM CELL RESEARCH. 

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

3 (42 U.S.C. 289 et seq.) is amended by inserting after sec4 tion 498C the following: 

5 ‘‘SEC. 498D. HUMAN EMBRYONIC STEM CELL RESEARCH. 

6 ‘‘(a) IN GENERAL.—Notwithstanding any other pro7 vision of law, the Secretary shall conduct and support re8 search that utilizes human embryonic stem cells in accord9 ance with this section. 

10 ‘‘(b) REQUIREMENTS.—The Secretary shall conduct 

11 or support research that utilizes human embryonic stem 

12 cells if the following requirements are met: 

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

14 embryos that have been donated from in vitro fer15 tilization clinics, were created for the purposes of 

16 fertility treatment, and were in excess of the clinical 

17 need of the individuals seeking such treatment. 

18 ‘‘(2) Prior to the consideration of embryo dona19 tion and through consultation with the individuals 

20 seeking fertility treatment, it is determined that the 

21 embryos will never be implanted in a woman and 

22 would otherwise be discarded. 

23 ‘‘(3) The individuals seeking fertility treatment 

24 donated the embryos with written informed consent 

25 and without receiving any financial or other induce26 ments to make the donation. 
3 

•HR 4682 IH 

1 ‘‘(c) GUIDELINES.—Not later than 60 days after the 

2 date of the enactment of this section, the Secretary, in 

3 consultation with the Director of NIH, shall promulgate 

4 guidelines to carry out this section. 

5 ‘‘(d) DETERMINATION.—In determining whether this 

6 section authorizes or prohibits the conduct or support of 

7 research using a particular human embryonic stem cell 

8 line, the Secretary— 

9 ‘‘(1) shall apply the requirements of subsection 

10 (b) regardless of the date on which the stem cell line 

11 is derived from a human embryo; and 

12 ‘‘(2) shall apply the guidelines promulgated 

13 under this section only if the stem cell line is derived 

14 from a human embryo on or after the date described 

15 in subsection (c). 

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

17 shall annually prepare and submit to the appropriate com18 mittees of the Congress a report describing the activities 

19 carried out under this section during the preceding fiscal 

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

21 extent research under subsection (a) has been conducted 

22 in accordance with this section.’’. 

Æ