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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Stem Cell Research
Act of 2001’’.
SEC. 2. HUMAN EMBRYONIC STEM CELL GENERATION AND
RESEARCH.
Part H of the Title IV of the Public Health Service
Act (42 U.S.C. 289 et seq.) is amended by inserting after
section 498B the following:
‘‘SEC. 498C. HUMAN EMBRYONIC STEM CELL GENERATION
AND RESEARCH.
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, the Secretary may only conduct, support,
or fund research on human embryos for the purpose of
generating embryonic stem cells and utilizing stem cells
that have been derived from embryos in accordance with
this section.
‘‘(b) SOURCES OF EMBRYONIC STEM CELLS.—For
purposes of carrying out research under subsection (a),
the human embryonic stem cells involved shall be derived
only from embryos that have been donated from in-vitro
fertilization clinics after compliance with the following:
‘‘(1) Prior to the consideration of embryo dona-
tion and through consultation with the progenitors,
it is determined that the embryos will never be im-
planted in a woman and would otherwise be dis-
carded.
‘‘(2) The embryos are donated with the written
informed consent of the progenitors.
‘‘(c) RESTRICTIONS.—
‘‘(1) IN
GENERAL.—The following restriction
shall apply with respect to human embryonic stem
cell research conducted or supported under sub-
section (a):
‘‘(A) The research involved shall not result
in the creation of human embryos.
‘‘(B) The research involved shall not result
in the reproductive cloning of a human being.
‘‘(2) PROHIBITION.—
‘‘(A) IN GENERAL.—It shall be unlawful
for any person receiving Federal funds to know-
ingly acquire, receive, or otherwise transfer any
human embryos for valuable consideration if the
acquisition, receipt, or transfer affects inter-
state commerce.
‘‘(B) DEFINITION.—In subparagraph (A),
the term ‘valuable consideration’ does not in-
clude reasonable payments associated with
transportation, 
transplantation, 
processing,
preservation, quality control, or storage.
‘‘(d) GUIDELINES.—The Secretary, in conjunction
with the Director of the National Institutes of Health,
shall issue guidelines that expand on the rules governing
human embryonic stem cell research (as in effect on the
date of enactment of this section) to include rules that
govern the derivation of stem cells from donated embryos
under this section.
‘‘(e) REPORTING REQUIREMENTS.—The Secretary
shall annually prepare and submit to the appropriate com-
mittees of Congress a report describing the activities car-
ried out under this section during the preceding fiscal
year, and including a description of whether and to what
extent research under subsection (a) has been conducted
in accordance with this section.’’.
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