[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4011 Introduced in House (IH)]







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 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 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.

    Be it enacted by the Senate and House of Representatives 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 biomedical 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 scientists 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 embryonic stem cell 
        lines designated on the Human Embryonic 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 derived 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 degenerated in Parkinson's disease and the insulin-
        producing cells that are impaired in diabetes.
            (9) Pluripotent stem cell research could lead to vastly 
        improved treatments or cures for AIDS, Alzheimer'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 Institutes of 
        Health ensures that research will be conducted 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 between 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 additional 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 development of new stem cell lines in the 
                future.
                    (C) Human stem cell research that is publicly 
                funded and conducted under the established 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 bipartisan 
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 conditions, 
                including AIDS, Alzheimer'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.
                    (B) The progress of improvements in successful 
                organ transplantation.
                    (C) The development of any medical technology, 
                including any halt or delay in such development.
                    (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 periodic public forums 
to review the status of stem cell research funding by the National 
Institutes of Health.
    (d) Standards of Conduct.--The Board shall develop 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 Ethics 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 subject 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 members 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 without pay for 
        their service on the Board.
            (2) Travel expenses.--Members shall receive travel 
        expenses, including per diem in lieu of subsistence, 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 constitute 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 CONSULTANTS.

    (a) Executive Directors.--
            (1) Appointment.--The Board shall have--
                    (A) an executive director who shall be appointed 
                jointly by the members appointed under section 5(a)(1); 
                and
                    (B) an executive director who shall be appointed 
                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 intermittent services 
                of experts or consultants at rates for individuals not 
                to exceed the daily equivalent of the maximum annual 
                rate of pay payable for grade GS-15 of the General 
                Schedule.
            (2) Sharing of resources.--The rules referred 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 executive branch.
    (d) Staff of Federal Agencies.--Upon the request of the Board, the 
head of any Federal agency may detail, without reimbursement, any 
employee of such agency 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 administer oaths or 
affirmations to witnesses appearing before it.
    (c) Powers of Members and Agents.--Any member 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 secure directly from any other Federal agency 
all information 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 Public 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 Foundation, 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 personnel 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 committee or subcommittee of the Congress of 
appropriate jurisdiction upon request of the chairperson or ranking 
minority 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 transactions 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 termination 
        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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