[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4682 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4682

 To amend the Public Health Service Act to provide for human embryonic 
                          stem cell research.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 24, 2004

  Mr. Castle (for himself, Ms. DeGette, Mr. Dooley of California, Mr. 
  Bass, Mrs. Biggert, Mr. Gibbons, Mr. Gilchrest, Mr. Greenwood, Mr. 
Houghton, Mrs. Johnson of Connecticut, Mr. Kirk, Mr. Kolbe, Mr. Leach, 
Mr. Ramstad, Mr. Shays, Ms. Baldwin, Mr. Brown of Ohio, Mr. Evans, Mr. 
 Langevin, Mrs. Maloney, Mr. Waxman, Mr. Stark, Mr. Moore, Mrs. Capps, 
  Mr. Hoyer, and Ms. Solis) 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.

    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 ``Stem Cell Research Enhancement Act 
of 2004''.

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 section 498C the following:

``SEC. 498D. HUMAN EMBRYONIC STEM CELL RESEARCH.

    ``(a) In General.--Notwithstanding any other provision of law, the 
Secretary shall conduct and support research that utilizes human 
embryonic stem cells in accordance with this section.
    ``(b) Requirements.--The Secretary shall conduct or support 
research that utilizes human embryonic stem cells if the following 
requirements are met:
            ``(1) The stem cells were derived from human embryos that 
        have been donated from in vitro fertilization 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 donation and 
        through consultation with the individuals seeking fertility 
        treatment, it is determined that the embryos will never be 
        implanted in a woman and would otherwise be discarded.
            ``(3) The individuals seeking fertility treatment donated 
        the embryos with written informed consent and without receiving 
        any financial or other inducements to make the donation.
    ``(c) Guidelines.--Not later than 60 days after the date of the 
enactment of this section, the Secretary, in consultation with the 
Director of NIH, shall promulgate guidelines to carry out this section.
    ``(d) Determination.--In determining whether this section 
authorizes or prohibits the conduct or support of research using a 
particular human embryonic stem cell line, the Secretary--
            ``(1) shall apply the requirements of subsection (b) 
        regardless of the date on which the stem cell line is derived 
        from a human embryo; and
            ``(2) shall apply the guidelines promulgated under this 
        section only if the stem cell line is derived from a human 
        embryo on or after the date described in subsection (c).
    ``(e) Reporting Requirements.--The Secretary shall annually prepare 
and submit to the appropriate committees of the Congress a report 
describing the activities carried 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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