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Week Ending January 12, 2006

H.R.3 To amend the Public Health Service Act to provide for human embryonic stem cell research.

The Public Health Service Act is amended under this bill to add a section authorizing another source of stem cells for stem cell research. Current law passed in the 109^th Congress allows for stem cell research but only from cells found in the umbilical cord after birth as authorized in HR 2520 signed by the President. Current law allows for the small sample of available stem cells to be used providing they were collected prior to 2001.

HR 3 returns to the debate in the 109^th by presenting essentially the same bill the President vetoed last year. The President’s opposition and that of his supporters centered on the belief that the embryonic stem cells, as opposed to the cord cells, are lives and must be protected, opponents also held that stem cells harvested from  further developed embryos more so illustrates concerns that a life is being taken by harvesting the cells.

Supporters believe that harvesting the very new cell clusters is not ending a life but saving lives because the cells are so adaptable that they hold great promise in defeating any number of diseases that dog scientists and patients such as Parkinson’s Disease, Alzheimer’s, diabetes and so on.

Under this bill-not withstanding any other provisions of law, regulations or guidance-the Secretary of Health and Human Services is directed to conduct and support research that utilizes human embryonic stem cells. Stem cells harvested or maintained before or after the 2001 may be used and research is not restricted to cord cells.

The cells eligible for use must come from excess human embryos, smaller than the head of a pin, donated from an in vitro fertilization clinic. The cells must have been created for the purpose of fertility treatment. Once the mother is successfully fertilized the ‘extra’ cells can be donated for research. In particular the bill requires that prior to the consideration of donating the embryo and through consultation with individuals seeking fertility treatment it must have been determined that the embryos would never be implanted in a woman and would otherwise be discarded.

To avoid cell farming and other efforts to profit from providing stem cells the bill requires that the individuals seeking fertility treatment donate the embryos with written informed consent and without receiving any financial or other inducements to make the donation.

A Motion to recommit the bill came with instructions to prohibit Federal grant money from going to laboratories engaged in embryo cloning. The Motion failed after drawing support from 11 Democrats and opposition from 18 Republicans.

The Secretary must issue final guidelines no later than 60 days of bill passage and shall report yearly to Congress describing the activities carried out in the previous fiscal year and to what extent research has been conducted in accordance with this law.

Sponsor: Rep. Diana DeGette (D-CO-1^st)

Vote: Passed House 253 to 174 (RC 20) January 11, 2007. A Motion to Recommit the bill with Instructions failed 198 to 238 January 11, 2007 (RC 19)

Cost to the taxpayers: No discernible cost.

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