I can’t find any mention of actual funds allocated for the destruction of embryos in HB 810. However, the bill says that the Secretary of Health “shall conduct and support,” and “Human embryonic stem cells shall be eligible for use in any research” that meet the criteria of prior informed consent, being “in excess,” and no one is paid for the donation. However, there’s no money allocated by the bill.
I’m not a lawyer, but this is either a demand for the Secretary to go into the lab and do the research himself without any funds earmarked for that research and/or the bill creates a mandate to the Department of Health and Human service to provide automatic funding for any research that involves embryonic stem cells, even if it’s not specifically related to the development of therapies or the study of the research itself.
But, where is the money to come from?
Will only that money already earmarked for research on the previously eligible (pre-August, 2001) embryonic stem cell lines be used?
Can embryos rejected for implantation because they are diagnosed as having a genetic disease or the susceptibility to a disease be legitimately called “excess”?
From searching HB 810 Thomas.gov:
SEC. 498D. HUMAN EMBRYONIC STEM CELL RESEARCH.
`(a) In General- Notwithstanding any other provision of law (including any regulation or guidance), the Secretary shall conduct and support research that utilizes human embryonic stem cells in accordance with this section (regardless of the date on which the stem cells were derived from a human embryo).
`(b) Ethical Requirements- Human embryonic stem cells shall be eligible for use in any research conducted or supported by the Secretary if the cells meet each of the following:
`(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 was determined that the embryos would 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 issue final guidelines to carry out this section.
`(d) 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.’.
Passed the House of Representatives May 24, 2005.
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