I 
111TH CONGRESS 
1ST SESSION 
H. R. 872 
To amend the Public Health Service Act to provide for human embryonic 
stem cell research, to direct the National Institutes of Health to issue 
guidelines for such stem cell research, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 4, 2009 
Ms. DEGETTE (for herself and Mr. CASTLE) 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, to direct the Na-
tional Institutes of Health to issue guidelines for such 
stem cell research, and for other purposes. 
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 
Improvement Act of 2009’’. 
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SEC. 2. HUMAN EMBRYONIC STEM CELL RESEARCH. 
Part H of title IV of the Public Health Service Act 
(42 U.S.C. 289 et seq.) is amended by inserting after sec-
tion 498C the following: 
‘‘SEC. 498D. HUMAN EMBRYONIC STEM CELL RESEARCH. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law (including any regulation or guidance), the 
Secretary shall conduct and support research that utilizes 
human embryonic stem cells (regardless of the date on 
which the stem cells were derived from a human embryo). 
‘‘(b) ETHICAL REQUIREMENTS.—Human embryonic 
stem cells shall be eligible for use in any research con-
ducted or supported by the Secretary if the cells meet each 
of the following: 
‘‘(1) The stem cells were derived from human 
embryos that have been donated from in vitro fer-
tilization clinics, were created for the purposes of 
fertility treatment, and were in excess of the clinical 
need of the individuals seeking such treatment. 
‘‘(2) Prior to the consideration of embryo dona-
tion and through consultation with the individuals 
seeking fertility treatment, it was determined that 
the embryos would never be implanted in a woman 
and would otherwise be discarded. 
‘‘(3) The individuals seeking fertility treatment 
donated the embryos with written informed consent 
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and without receiving any financial or other induce-
ments to make the donation.’’. 
SEC. 3. GUIDELINES ON RESEARCH INVOLVING HUMAN 
STEM CELLS. 
Part H of title IV of the Public Health Service Act 
(42 U.S.C. 289 et seq.) is further amended by inserting 
after section 498D, as inserted by this Act, the following: 
‘‘SEC. 498E. GUIDELINES ON RESEARCH INVOLVING HUMAN 
STEM CELLS. 
‘‘(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this section, the Director of 
NIH— 
‘‘(1) shall issue guidelines on research involving 
human embryonic stem cells; and 
‘‘(2) may issue guidelines on research involving 
other human stem cells, as determined to be scientif-
ically warranted by the Director of NIH. 
‘‘(b) UPDATES.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
the Director of NIH shall review and, as appro-
priate, update the guidelines issued under para-
graphs (1) and (2) of subsection (a) when the Direc-
tor determines that such updates are scientifically 
warranted. The Director of NIH may determine the 
extent to which such an update applies to ongoing 
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