I 
111TH CONGRESS 
1ST SESSION 
H. R. 877 
To intensify stem cell research showing evidence of substantial clinical benefit 
to patients, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 4, 2009 
Mr. FORBES (for himself and Mr. LIPINSKI) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To intensify stem cell research showing evidence of substan-
tial clinical benefit to patients, 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 ‘‘Patients First Act of 
2009’’. 
SEC. 2. PURPOSES. 
It is the purpose of this Act to— 
(1) intensify research that may result in im-
proved understanding of or treatments for diseases 
and other adverse health conditions; 
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(2) promote research and human clinical trials 
using stem cells that are ethically obtained and show 
evidence of providing clinical benefit for human pa-
tients; and 
(3) promote the derivation of pluripotent stem 
cell lines without the creation of human embryos for 
research purposes and without the destruction or 
discarding of, or risk of injury to, a human embryo. 
SEC. 3. HUMAN STEM CELL RESEARCH AND THERAPY. 
(a) AUTHORIZATION.—Part B of title IV of the Pub-
lic Health Service Act (42 U.S.C. 284 et seq.) is amended 
by inserting after section 409I the following: 
‘‘SEC. 409J. HUMAN STEM CELL RESEARCH AND THERAPY. 
‘‘(a) IN GENERAL.—The Secretary shall conduct and 
support basic and applied research to develop techniques 
for the isolation, derivation, production, testing, and 
human clinical use of stem cells that may result in im-
proved understanding of or treatments for diseases and 
other adverse health conditions, including pluripotent stem 
cells that have the flexibility of embryonic stem cells 
(whether or not such pluripotent stem cells have an embry-
onic source), prioritizing research with the greatest poten-
tial for near-term clinical benefit in human patients, pro-
vided that such isolation, derivation, production, testing, 
or use will not involve— 
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‘‘(1) the creation of a human embryo for re-
search purposes; 
‘‘(2) the destruction of or discarding of, or risk 
of injury to, a living human embryo; or 
‘‘(3) the use of any stem cell, the derivation or 
provision of which would be inconsistent with the 
standards established in paragraph (1) or (2). 
‘‘(b) GUIDELINES.—Not later than 90 days after the 
date of the enactment of this section, the Secretary, after 
consultation with the Director of NIH, shall issue final 
guidelines implementing subsection (a) to ensure that any 
research (including any clinical trial) supported under 
subsection (a)— 
‘‘(1) is clearly consistent with the standards es-
tablished in subsection (a) if conducted using human 
cells, as demonstrated by animal trials or other sub-
stantial evidence; 
‘‘(2) is prioritized in terms of potential for 
near-term clinical benefit in human patients, as indi-
cated by substantial evidence from basic research or 
by substantial clinical evidence which may include 
but is not limited to— 
‘‘(A) evidence of improvement in one or 
more human patients suffering from illness or 
injury, as documented in reports by professional 
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medical or scientific associations or in peer-re-
viewed medical or scientific literature; or 
‘‘(B) approval for use in human trials by 
the Food and Drug Administration; and 
‘‘(3) consistent with the standards established 
in subsection (a), may take into account techniques 
outlined by the President’s Council on Bioethics and 
any other appropriate techniques and research. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) HUMAN EMBRYO.—The term ‘human em-
bryo’ includes any organism, not protected as a 
human subject under part 46 of title 45, Code of 
Federal Regulations, as of the date of the enactment 
of this section, that is derived by fertilization, par-
thenogenesis, cloning, or any other means from one 
or more human gametes or human diploid cells. 
‘‘(2) RISK OF INJURY.—The term ‘risk of in-
jury’ means subjecting a human embryo to risk of 
injury or death greater than that allowed for re-
search on fetuses in utero under section 46.204(b) 
of title 45, Code of Federal Regulations (or any suc-
cessor regulation), or section 498(b) of this Act.’’. 
(b) PRIORITY SETTING; REPORTS.—Section 492 of 
the Public Health Service Act (42 U.S.C. 289a) is amend-
ed by adding at the end the following: 
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‘‘(d)(1) With respect to human stem cell research, the 
Secretary, acting through the Director of NIH, shall give 
priority to conducting or supporting research in accord-
ance with section 409J. 
‘‘(2) At the end of fiscal year 2010 and each subse-
quent fiscal year, the Secretary shall submit to the Con-
gress a report outlining the number of research proposals 
under section 409J that were peer reviewed, a summary 
and detailed list of all such research proposals that were 
not funded, and an explanation of why the proposals did 
not merit funding. The reports under this paragraph shall 
be in addition to the reporting on stem cell research in-
cluded in the biennial report required by section 403.’’. 
(c) BIENNIAL REPORTS.—Section 403(a)(5) of the 
Public Health Service Act (42 U.S.C. 283(a)(5)) is 
amended— 
(1) by redesignating subparagraph (L) as sub-
paragraph (M); and 
(2) by inserting after subparagraph (K) the fol-
lowing: 
‘‘(L) Stem cells.’’. 
SEC. 4. STUDY TO EXPAND ACCESS TO THERAPEUTIC STEM 
CELL PRODUCTS. 
Not later than 6 months after the date of the enact-
ment of this Act, the Secretary of Health and Human 
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Services shall study and submit recommendations to the 
Congress on any structural changes to the C.W. Bill 
Young Cell Transplantation Program established under 
379 of the Public Health Service Act (42 U.S.C. 274k) 
that would help to expand access to new and future stem 
cell therapeutic products, including stem cells derived from 
amniotic fluid as well as other sources such as dental pulp, 
nasal tissue, and fat that may benefit from inclusion in 
the coordinated distribution of bone marrow and cord 
blood stem cells. 
Æ 
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