Just found this today -- S. 723 was introduced by Senators Specter and
Harkin, and co-sponsored by 12 Senators. Their statements and text of
bill follows:
Linda
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STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS -- (Senate - April
05,
2001)
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By Mr. SPECTER (for himself, Mr. HARKIN, Mr. THURMOND, Mr. CHAFEE, Mr.
SMITH of Oregon, Mr. HOLLINGS, Mr. REID, Mrs. MURRAY, Mrs. CLINTON, Mr.
CORZINE, Mrs. FEINSTEIN, Mr. KERRY, and Mr. INOUYE):
S. 723. A bill to amend the Public Health Service Act to provide for
human embryonic stem cell generation and research; to the Committee on
Health, Education, Labor, and Pensions.
Mr. SPECTER. Mr. President, I have sought recognition today to
introduce
the ``Stem Cell Research Act of 2001.'' As chairman of the Senate
appropriations subcommittee that funds medical research, my distinguished
colleague, Senator TOM HARKIN and I convened a series of seven hearings
to
learn more about an exciting medical discovery and the promise it holds.
The source of this new hope is what scientists call ``stem cells.'' These
are living cells which, in their earliest stages, have the ability to
transform into any type of cell in the human body. If the scientists are
correct, a stem cell implanted in a heart, for example, would become a
healthy heart cell; if the same stem cell were implanted in a liver, it
would grow into a healthy liver cell. It is this remarkable adaptability
that leads scientists to believe that one day, stem cells could be
transplanted to any part of the body to replace tissue that has been
damaged by disease, injury or aging.
What had been delaying the advancement of this new line of research is a
provision in the Labor-HHS appropriations bill that prohibits research on
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human embryos. In early 1999, the Department of Health and Human Services
ruled that Federal researchers could conduct research on stem cell lines
derived from private sources. I applaud the HHS ruling and encourage the
NIH to review, on an expedited basis, the compliance applications they
recently received. However, we have a duty to accelerate medical research
by allowing researchers to utilize Federal funds to derive their own stem
cells.
Human embryonic stem cell research holds such potential for millions
of
Americans who are sick and in pain that we believe it is wrong for us to
prevent or delay our world-class scientists from building on the progress
that has been made.
Our legislation creates one narrow and specific source for Federal
researchers to obtain embryos for use in stem cell research: embryos
which
would otherwise be discarded from in-vitro fertilization clinics, with
the
expressed consent of the donating families. In addition, a provision is
included which requires that all Federally-funded research must adhere to
strict procedural and ethical guidelines to ensure that such research is
conducted in an ethical, sound manner. It is important to note that as it
stands today, embryonic stem cell research in the private sector is not
subject to Federal monitoring or ethical requirements.
I am pleased that my colleagues, Senators THURMOND, CHAFEE, G. SMITH,
HOLLINGS, REID, MURRAY, CLINTON, CORZINE, FEINSTEIN, KERRY, and INOUYE
have
joined me and Senator HARKIN as original cosponsors of this vital
legislative effort. I urge all of my colleagues to join us in supporting
this important legislation that will give many Americans the promise to
treat diseases that today are incurable.
I ask unanimous consent that the text of the bill be printed in the
RECORD.
There being no objection, the bill was ordered to be printed in the
RECORD, as follows:
S. 723
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 Act of 2001''.
SEC. 2. HUMAN EMBRYONIC STEM CELL GENERATION AND RESEARCH.
Part H of the Title IV of the Public Health Service Act (42 U.S.C.
289
et seq.) is amended by inserting after section 498B the following:
``SEC. 498C. HUMAN EMBRYONIC STEM CELL GENERATION AND RESEARCH.
``(a) IN GENERAL.--Notwithstanding any other provision of law, the
Secretary may only conduct, support, or fund research on human embryos
for
the purpose of generating embryonic stem cells and utilizing stem cells
that have been derived from embryos in accordance with this section.
``(b) SOURCES OF EMBRYONIC STEM CELLS.--For purposes of carrying out
research under subsection (a), the human embryonic stem cells involved
shall be derived only from embryos that have been donated from in-vitro
fertilization clinics after compliance with the following:
``(1) Prior to the consideration of embryo donation and through
consultation with the progenitors, it is determined that the embryos will
never be implanted in a woman and would otherwise be discarded.
``(2) The embryos are donated with the written informed consent of
the
progenitors.
``(c) RESTRICTIONS.--
``(1) IN GENERAL.--The following restriction shall apply with respect
to human embryonic stem cell research conducted or supported under
subsection (a):
``(A) The research involved shall not result in the creation of human
embryos.
``(B) The research involved shall not result in the reproductive
cloning of a human being.
``(2) PROHIBITION.--
``(A) IN GENERAL.--It shall be unlawful for any person receiving
Federal funds to knowingly acquire, receive, or otherwise transfer any
human embryos for valuable consideration if the acquisition, receipt, or
transfer affects interstate commerce.
``(B) DEFINITION.--In subparagraph (A), the term `valuable
consideration' does not include reasonable payments associated with
transportation, transplantation, processing, preservation, quality
control,
or storage.
``(d) GUIDELINES.--The Secretary, in conjunction with the Director of
the National Institutes of Health, shall issue guidelines that expand on
the rules governing human embryonic stem cell research (as in effect on
the
date of enactment of this section) to include rules that govern the
derivation of stem cells from donated embryos under this section.
``(e) REPORTING REQUIREMENTS.--The Secretary shall annually prepare
and
submit to the appropriate committees of 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.''.
Mr. HARKIN. Mr. President, I am pleased to join my distinguished
colleague, Senator SPECTER, on the introduction of the ``Stem Cell
Research
Act of 2001.'' I want to commend Senator SPECTER for having the
leadership
and foresight to introduce legislation which will broaden the ability of
federally-funded scientists to pursue stem cell research, under certain,
limited conditions.
From enabling the development of cell and tissue transplantation, to
improving and accelerating pharmaceutical research and development, to
increasing our understanding of human development and cancer biology, the
potential benefits of stem cell research are truly awe-inspiring.
Stem cells hold hope for countless patients through potentially
lifesaving therapies for Parkinson's, Alzheimers, stroke, heart disease
and
diabetes. Also exciting is the possibility that researchers may be able
to
alter stem cells genetically so they would avoid attack by the patient's
immune system.
Currently, for example, researchers are conducting groundbreaking
research on the devastating condition commonly known as ``Lou Gehrig's
disease.'' They are injecting stem cells into the spinal cords of moneys
in
an attempt to treat the disease. And they are reporting very promising
early results.
But the potential benefits of this study and others could be delayed
or
even denied to patients without a healthy partnership between the private
sector and the federal government.
While market interest in stem cell technology is strong, and private
companies will continue to fund this research, the government has an
important role to play in supporting the basic and applied science that
underpins these technologies. The problem is that early, basic science is
always going to be underfunded by the private sector because this type of
research does not get products onto the market quickly enough. The only
way
to ensure that this research is conducted is to allow the NIH to support
it.
The Department of Health and Human Services ruled last year that under
the current ban on human embryo research, federally-funded scientists can
conduct stem cell research if they use cell lines derived from private
sources. Unfortunately, the current administration has placed this ruling
under review. We are anxiously awaiting the outcome of this review.
In the meantime, I am pleased to join my colleagues in stating my
strong
support for stem cell research. There is broad agreement, across party
lines, that this research is important, it could save lives, and it
should
not be halted.
In its report, ``Ethical Issues in Human Stem Cell Research,'' the
National Bioethics Advisory Commission (NBAC) concludes that stem cell
research should be allowed to go forward with federal support, as long as
researchers were limited to only two sources of stem cells: fetal tissue
and embryos resulting from infertility treatments. And they recommend
that
federal support to be contingent on an open system of oversight and
review.
NBAC also arrived at the important conclusion that it is ethically
acceptable for the federal government to finance research that both
derives
cell lines from embryos and that uses those cell lines. Their report
states, ``Relying on cell lines that might be derived exclusively by a
subset of privately funded researchers who are interested in this area
could severely limit scientific and clinical progress.''
The Commission goes on to say that ``scientists who conduct basic
research and are interested in fundamental cellular processes are likely
to
make elemental discoveries about the nature of ES [embryonic stem] cells
as
they derive them in the laboratory.''
NBAC's report presents reasonable guidelines for federal policy. Our
bill bans human embryo research, but allows federally-funded scientists
to
derive human pluripotent stem cells from human embryos if those embryos
are
obtained from IVF clinics, if the donor has provided informed consent and
the embryo was no longer needed for fertility treatments. The American
Society of Cell Biology estimates that
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100,000 human embryos are currently frozen in IVF clinics, in excess of
their clinical need.
In addition, our language requires HHS and NIH to develop procedural
guidelines to make sure that stem cell research is conducted in an
ethical,
sound manner. As it stands today, stem cell research in the private
sector
is not subject to federal monitoring or ethical requirements.
Mr. President, stem cell research holds such hope, such potential for
millions of Americans who are sick and in pain, it is morally wrong for
us
to prevent or delay our world-class scientists from building on the
progress that has been made.
As long as this research is conducted in an ethically validated
manner,
it should be allowed to go forward, and it should receive federal
support.
That is why Senator SPECTER and I have joined together on legislation
that
will allow our nation's top scientists to pursue critical cures and
therapies for the diseases and chronic conditions which strike too many
Americans. I urge my Senate colleagues to join us in supporting this
bill.
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