I
107TH CONGRESS
2D SESSION
H. R. 4011
To establish the Stem Cell Research Board to conduct research on the
effects of the President’s August 9, 2001, stem cell research directive,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 20, 2002
Mrs. MALONEY of New York (for herself, Mrs. MORELLA, Mr. LANGEVIN, and
Mr. EVANS) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce
A BILL
To establish the Stem Cell Research Board to conduct re-
search on the effects of the President’s August 9, 2001,
stem cell research directive, 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 ‘‘Science of Stem Cell
Research Act’’.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) President George W. Bush, after much
thoughtful consideration, decided to move forward
with Federal funding for human embryonic stem cell
research on existing stem cell lines.
(2) President George W. Bush established the
President’s Council on Bioethics, which advises the
President on the ethical significance of emerging bio-
medical science and technology.
(3) The principal mission of the President’s
Council on Bioethics is to explore the ethical issues
connected with advances in biotechnology.
(4) Advances in biomedicine are guiding sci-
entists to improved medical treatments for people
suffering from many debilitating and life-threatening
diseases and injuries, such as Parkinson’s disease,
juvenile diabetes, and spinal cord injuries.
(5) The advancement of science is paramount
in the alleviation and eradication of diseases and
other medical disorders.
(6) There are a finite number of human embry-
onic stem cell lines designated on the Human Em-
bryonic Stem Cell Registry of the National Institutes
of Health. These lines will provide much opportunity
for researching the potential of embryonic stem cells.
However, this number of lines may not be enough to
meet the Nation’s research needs.
(7) Federal funds are crucial for researchers to
proceed with stem cell research and technologies.
(8) The ability to use pluripotent stem cells de-
rived from human embryos provides an opportunity
for doctors to learn to generate specialized cells that
are destroyed or damaged by diseases or disabilities,
such as the dopamine-producing cells that are degen-
erated in Parkinson’s disease and the insulin-pro-
ducing cells that are impaired in diabetes.
(9) Pluripotent stem cell research could lead to
vastly improved treatments or cures for AIDS, Alz-
heimer’s disease, anemia, arthritis, birth defects,
blindness, brain injury, cancer, deafness, diabetes,
heart disease, kidney disease, liver disease, Lou
Gehrig’s disease, lung disease, multiple sclerosis,
muscular dystrophy, Parkinson’s disease, severe
burns, sickle cell anemia, spinal cord injury, and
stroke, and could also lead to improved success of
organ transplantation.
(10) Federal funding through the National In-
stitutes of Health ensures that research will be con-
ducted in accordance with the highest scientific and
ethical standards.
(11) According to the National Academy of
Sciences:
(A) Current scientific data indicate that
there are important biological differences be-
tween adult and embryonic stem cells and
among adult stem cells found in different types
of tissue. The therapeutic implications of these
biological differences are not clear, and addi-
tional scientific data are needed on all stem cell
types.
(B) Over time all cell lines in tissue culture
change, typically accumulating harmful genetic
mutations. Most existing stem cell lines have
been cultured in the presence of nonhuman cells
or serums that could lead to potential human
health risks. Changing genetic and biological
properties of these stem cell lines necessitate
continued monitoring as well as the develop-
ment of new stem cell lines in the future.
(C) Human stem cell research that is pub-
licly funded and conducted under the estab-
lished standards of open scientific exchange,
peer review, and public oversight offers the
most efficient and responsible means to fulfill
the promise of stem cells to meet the need for
regenerative medical therapies.
SEC. 3. ESTABLISHMENT.
There is established in the legislative branch a bipar-
tisan commission to be known as the Stem Cell Research
Board (in this Act referred to as the ‘‘Board’’).
SEC. 4. DUTIES.
(a) RESEARCH.—The Board shall conduct research
on the following:
(1) The effects, whether positive or negative, of
the President’s August 9, 2001, stem cell research
directive, on the following:
(A) The progress of advances in curing or
remediating diseases or other medical condi-
tions, including AIDS, Alzheimer’s disease, ane-
mia, arthritis, birth defects, blindness, brain in-
jury, cancer, deafness, diabetes, heart disease,
kidney disease, liver disease, Lou Gehrig’s dis-
ease, lung disease, multiple sclerosis, muscular
dystrophy, Parkinson’s disease, severe burns,
sickle cell anemia, spinal cord injury, and
stroke.
(B) The progress of improvements in suc-
cessful organ transplantation.
(C) The development of any medical tech-
nology, including any halt or delay in such de-
velopment.
(D) Basic scientific research.
(2) The effect of limiting Federal funding on
the private stem cell research sector.
(3) All aspects of the funding process of the
National Institutes of Health for human adult and
embryonic stem cell research.
(b) 
RECOMMENDATIONS.—In 
reports 
submitted
under section 9, the Board shall make recommendations
to the Congress on any legislation needed to reduce any
inefficiencies in Federal funding of human embryonic stem
cell research or to facilitate a more timely implementation
of such research.
(c) PUBLIC FORUMS.—The Board shall conduct peri-
odic public forums to review the status of stem cell re-
search funding by the National Institutes of Health.
(d) STANDARDS OF CONDUCT.—The Board shall de-
velop its own standards of conduct in consultation with
the Committee on Standards of Official Conduct of the
House of Representatives or the Select Committee on Eth-
ics of the Senate, as applicable.
SEC. 5. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—The Board shall
be composed of 8 members, appointed not later than 120
days after the date of the enactment of this Act. To ensure
that the membership of the Board is bipartisan and sub-
ject to subsection (b), the 8 members shall be appointed
as follows:
(1) 4 members appointed by the President, the
Speaker of the House of Representatives, and the
minority leader of the Senate as follows:
(A) 2 members appointed by the President.
(B) 1 member appointed by the Speaker of
the House of Representatives.
(C) 1 member appointed by the minority
leader of the Senate.
(2) 4 members appointed by the minority leader
of the House of Representatives and the majority
leader of the Senate as follows:
(A) 2 members appointed by the minority
leader of the House of Representatives.
(B) 2 members appointed by the majority
leader of the Senate.
(b) POLITICAL PARTY.—No more than 4 of the mem-
bers of the Board may be appointed by officials of the
same political party.
(c) TERMS.—Each member shall be appointed for the
life of the Board.
(d) VACANCIES.—A vacancy in the Board shall be
filled in the manner in which the original appointment was
made.
(e) BASIC PAY.—
(1) RATES OF PAY.—Members shall serve with-
out pay for their service on the Board.
(2) TRAVEL EXPENSES.—Members shall receive
travel expenses, including per diem in lieu of subsist-
ence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States
Code.
(f) QUORUM.—Five members of the Board shall con-
stitute a quorum but a lesser number may hold hearings.
(g) CO-CHAIRPERSONS.—The Board shall have—
(1) a co-chairperson who shall be appointed
jointly by the members appointed under subsection
(a)(1); and
(2) a co-chairperson who shall be appointed
jointly by the members appointed under subsection
(a)(2).
(h) MEETINGS.—The Board shall meet at the call of
either co-chairperson.
(i) REGULATIONS.—The Board may promulgate any
regulations necessary to carry out its duties.
SEC. 6. EXECUTIVE DIRECTORS; STAFF; EXPERTS AND CON-
SULTANTS.
(a) EXECUTIVE DIRECTORS.—
(1) APPOINTMENT.—The Board shall have—
(A) an executive director who shall be ap-
pointed jointly by the members appointed under
section 5(a)(1); and
(B) an executive director who shall be ap-
pointed jointly by the members appointed under
section 5(a)(2).
(2) PAY.—Each of the executive directors of the
Board shall be paid at a rate not to exceed level IV
of the Executive Schedule.
(b) STAFF; EXPERTS.—
(1) APPOINTMENT; PAY.—Subject to such rules
as the Board may prescribe, each executive
director—
(A) may appoint such additional personnel
as that executive director considers appropriate;
and
(B) may procure temporary and intermit-
tent services of experts or consultants at rates
for individuals not to exceed the daily equiva-
lent of the maximum annual rate of pay pay-
able for grade GS–15 of the General Schedule.
(2) SHARING
OF
RESOURCES.—The rules re-
ferred to in paragraph (1) shall include provisions to
ensure an equitable division or sharing of resources,
as appropriate, between the respective staffs of the
Board.
(c) APPLICABILITY
OF CERTAIN CIVIL SERVICE
LAWS.—The executive directors and the staff of the Board
shall not be considered civil service positions in the execu-
tive branch.
(d) STAFF OF FEDERAL AGENCIES.—Upon the re-
quest of the Board, the head of any Federal agency may
detail, without reimbursement, any employee of such agen-
cy to the Board to assist the Board in carrying out its
duties. Any such detail shall not interrupt or otherwise
affect the civil service status or privileges of the employee.
(e) TECHNICAL ASSISTANCE.—Upon the request of
the Board, the head of a Federal agency shall provide such
technical assistance to the Board as the Board determines
to be necessary to carry out its duties.
SEC. 7. POWERS.
(a) HEARINGS AND SESSIONS.—The Board may, for
the purpose of carrying out this Act, hold hearings (at
the call of either co-chairperson), sit and act at times and
places, take testimony, and receive evidence as the Board
considers appropriate.
(b) OATHS OR AFFIRMATIONS.—The Board may ad-
minister oaths or affirmations to witnesses appearing be-
fore it.
(c) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber or agent of the Board may, if authorized by the Board,
take any action which the Board is authorized to take by
this section.
(d) OBTAINING OFFICIAL DATA.—Subject to sections
552 and 552a of title 5, United States Code, the Board
or the co-chairpersons of the Board acting jointly may se-
cure directly from any other Federal agency all informa-
tion that the Board considers necessary to enable the
Board to carry out its duties. Upon request of the Board
or both co-chairpersons, the head of that agency (or other
person duly designated for purposes of this subsection)
shall furnish that information to the Board.
(e) MAILS.—The Board may use the United States
mails in the same manner and under the same conditions
as Federal agencies and shall, for purposes of the frank,
be considered a commission of the Congress as described
in section 3215 of title 39, United States Code.
(f) ADMINISTRATIVE SUPPORT SERVICES.—The Pub-
lic Printer of the Government Printing Office shall provide
to the Board on a reimbursable basis such administrative
support services, including accounting services, as the
Board may request.
(g) OFFICE SPACE.—The Administrator of General
Services, in coordination with the Secretary of Health and
Human Services, shall locate suitable office space for the
operation of the Board at the National Institutes of
Health campus in Bethesda, Maryland. The facilities shall
serve as the headquarters of the Board and shall include
all necessary equipment and incidentals required for the
proper functioning of the Board.
(h) ADVICE AND ASSISTANCE OF OTHER FEDERAL
EXECUTIVE AGENCIES.—The Board or members of the
Board may seek the advice of the National Science Foun-
dation, the National Academy of Sciences, or any Federal
executive agency with expertise in stem cell research. The
National Science Foundation, the National Academy of
Sciences, and any such Federal executive agency shall, if
requested, provide assistance to the Board.
(i) PRINTING AND BINDING.—For purposes of costs
relating to printing and binding, including the cost of per-
sonnel detailed from the Government Printing Office, the
Board shall be deemed to be a committee of the Congress.
(j) DISCLOSURE OF INFORMATION TO CONGRESS.—
Any data or other information obtained by the Board
under this section shall be made available to any com-
mittee or subcommittee of the Congress of appropriate ju-
risdiction upon request of the chairperson or ranking mi-
nority member of such committee or subcommittee.
(k) CONTRACT AUTHORITY.—To the extent or in the
amounts provided in advance in appropriation Acts, the
Board may contract with and compensate government and
private agencies or persons for supplies and other services.
SEC. 8. AUDITS.
(a) 
IN
GENERAL.—The 
Public 
Printer 
shall
conduct—
(1) an interim audit of the financial trans-
actions of the Board not later than 2 years after the
date of the enactment of this Act; and
(2) a final audit of the financial transactions of
the Board not later than 4 years after the date of
the enactment of this Act.
(b) ACCESS.—The Board shall maintain records of
its financial transactions and shall ensure that the Public
Printer has access to all such records, and to property in
use by the Board, as necessary to facilitate an audit under
subsection (a).
SEC. 9. REPORTS.
In accordance with section 4(b), the Board shall
transmit to the Congress—
(1) an interim report each year; and
(2) not later than the date of the Board’s ter-
mination under section 10, a final report containing
a detailed statement of the findings and conclusions
of the Board with respect to the matters described
in section 4.
SEC. 10. TERMINATION.
(a) IN GENERAL.—The Board shall terminate on the
date that is 4 years after the date of the enactment of
this Act.
(b) TRANSFER OF RECORDS.—Upon the termination
of the Board under this section, the Board shall transfer
all of its records to the Public Printer.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Board
$16,000,000 to carry out this Act.
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