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Managing America: Health

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Week Ending April 13, 2007

S.5 A bill 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. A small, existing sample of available stem cells may be used if they were collected prior to 2001.

S 5 is identical to the bill, HR 3, passed by the House on January 11, 2007. This report, then, replicates the report on HR 3. (Links to House voting records are below).

S-5 returns to the debate in the 109^th by presenting essentially the same bill the President vetoed then. 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 more 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 other diseases.

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.

In the House, 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.

The competing bill, S 30, can be read here.

Sponsor:  Senator Harry Reid (D-NV)

Vote: Passed the Senate 63 to 34 April 11, 2007 (RV 127)

HR 3 (identical) passed the House 253 to 174 (RC 20) January 11, 2007. The Motion to recommit the bill with instructions failed 198 to 238 January 11, 2007 (RC 19).

S 5 was agreed to in the House on June 7, 2007 247 to 176 (RC 443). A Motion to Recommit the bill with instructions failed 180 to 242 (RC 442)

Cost to the taxpayers: No discernible cost.

Earmark Certification:   Not applicable to this bill.

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