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Summary

The central question before Congress in the debate over human stem cell research is how to treat human embryonic stem cell research (ESR), which may lead to lifesaving treatments, but which requires the destruction of embryos. Current federal law and policy address this question primarily through restrictions on federal funding for ESR. The Dickey amendment prohibits the use of Department of Health Human Services (HHS) funds for the creation of human embryos for research purposes or research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to certain risks of injury or death. It thus prohibits the use of HHS funds to establish ES lines (line establishment involves embryo destruction), but not to conduct research using established lines. President Obama established current federal ESR policy with a March 9, 2009, executive order: Removing Barriers to Responsible Scientific Research Involving Human Stem Cells (Obama policy). The Obama policy authorizes HHSs National Institutes of Health (NIH) to support and conduct responsible, scientifically worthy human stem cell research, including ESR, to the extent permitted by law. As required by the order, the NIH issued Draft National Institutes of Health Guidelines for Human Stem Cell Research (NIH draft guidelines). These generally permit funding for research (1) with ES lines established from embryos that are created for reproductive purposes, and obtained with without inducement and with donor consent, and (2) for research that is properly documented, and that involves neither embryos created via cloning or parthenogenesis, nor specified techniques involving non-human biological materials. Congress has several sets of policy options, each one prompting a set of ethical dilemmas. The first set of options involves permitting or expanding federal ESR funding, as proposed in H.R. 872, H.R. 873, and S. 487. One such option is to take no action, allowing the Obama policy to persist. This option would permit federal funding for ESR with a range of lines, and would allow the executive branch to change the ESR policy in the future. Another such option is to enact a law permitting ESR. Even if consistent with the Obama policy, this course would limit the opportunity for the executive branch to change the policy in the future. A final such option involves expanding ESR by eliminating the Dickey amendment, thus allowing the use of federal funds for the establishment of ES lines, and/or for the creation of embryos for ESR. Some supporters this set of options assert that unused frozen embryos that are created for in vitro fertilization (IVF) could be used for federally regulated research instead of being destroyed. Other supporters seek federally regulated and funded research on embryos created specifically for research purposes, which might help to facilitate more targeted research. Critics seek to protect embryos and/or egg donors, and assert that federal funds should not be used for such purposes. Congresss second set of options involves funding additional research that may eventually generate embryonic stem cells without destroying embryos, as proposed in H.R. 877. Supporters assert that this facilitates research without ethical dilemmas. Critics characterize it as unnecessary, costly, and a diversion from developing treatments. Congresss third set of options involves discouraging ESR via tax measures, or limiting or eliminating it by restricting research funding, banning certain cloning techniques, or giving embryos the Constitutional right to life. Examples include H.R. 110, H.R. 227, H.R. 881, H.R. 1050, H.R. 1654, S. 99, and S. 346. Supporters claim their approaches respect human dignity; critics claim they harm people already living. This report, which will be updated, is one of several CRS reports on stem cell research. It details the ethical arguments that surround ESR. The broadest is the balance of embryo destruction and relief of human suffering. More subtle issues focus on the relative importance of the viability of embryos, the purpose of embryo creation, new versus existing cell lines, the consent of donors, the ethics of egg procurement, the effectiveness of alternatives, the possibility of generating embryonic stem cells without destroying human embryos, and the use of federal funding.

Related Legislation:
• H.R.872
• H.R.873
• S.487
• H.R.877
• H.R.110
• H.R.227
• H.R.881
• H.R.1050
• H.R.1654
• S.99
• S.346

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