Federal Impasse on Stem Cells, SCNT, and Cloning is Likely to Continue

It is becoming increasingly unlikely that Congress and the Bush Administration will take up the issues of stem cell research, somatic cell nuclear transfer (SCNT), and cloning this year. With a contentious election anticipated for later this year, there will be very little legislative work on divisive issues such as stem cells and cloning before November. Although the rhetoric on stem cells and cloning is expected to be elevated until election day – especially given the recent announcement by the South Korean research team that SCNT can yield pluripotent human embryonic stem cells – federal legislative action on these issues is not likely until 2005 at the earliest.

The most recent federal legislative action on stem cells and cloning occurred almost one year ago in February 2003 when the House approved legislation championed by Representative Dave Weldon (R-FL). The “Human Cloning Prohibition Act of 2003” (HR 534) bans all forms of human cloning, including SCNT, and also prohibits patients from returning home from abroad after receiving treatment using therapeutic cloning research. Senators Sam Brownback (R-KS) and Mary Landrieu (D-LA) introduced legislation similar to the Weldon bill (S 245), but the Senate never fully debated the issue because Senators Orrin Hatch (R-UT), Dianne Feinstein (D-CA), Arlen Specter (R-PA), and Tom Harkin (D-IA) introduced competing legislation (S 303) that would allow SCNT but prohibit reproductive cloning. The stalemate on SCNT is likely to continue in the Senate, thereby preventing any further federal action on the issue before the end of the year.

The most active debates on these issues are expected to be at the state level, where many governors and legislatures are currently considering bills that prohibit as well as open up stem cell and SCNT research in their state. There are approximately 88 bills being deliberated in 31 states on stem cell research and cloning. Many state officials are using the dearth of federal legislative action on this issue as an opportunity to toughen or restrict stem cell-related research laws in their state. ASH is a member of the Coalition for the Advancement of Medical Research (CAMR). More information about individual state bills on stem cell research and cloning is available on CAMR's Web site.

However, one of the most interesting stem cell research efforts is in California, where advocates are collecting signatures for the California Stem Cell Research and Cures Ballot Initiative that would raise $3 billion over 10 years to study embryonic stem cells. Robert Klein, a California real estate developer whose son has juvenile diabetes, started the movement last year to help find a cure for his son's illness.

The ballot initiative authorizes California to raise $295 million per year from tax-exempt state bonds; in year six, the cost of the program will hopefully be offset by the added tax revenue derived from the development of stem cell therapies and treatments in the state. If not, funds from the state's general revenues could be used to support the research initiative. Supporters contend that stem cell treatments developed under the program will save the state billions in future health care costs. Mr. Klein and his volunteers are in the process of collecting voter's signatures for the initiative; they need to get 600,000 signatures by April 16 in order to qualify for the November ballot.

Another important issue in the stem cell debate is the availability of approved human embryonic stem cell lines for research purposes. In August 2001, President George W. Bush established a policy that only embryonic stem cell lines created as of August 9 could be used in federally funded research projects. At the time of President Bush's announcement, there were believed to be 60 embryonic stem cell lines available for research. Shortly after his pronouncement, it became clear that only 5-24 lines were actually available to scientists. Beginning last year, Senator Specter asked the Bush Administration to allow more stem cell lines to be eligible for federal funding. Although the Administration refused to update the list of qualified stem cell lines last year, this issue is still relevant today as safer and more robust stem cell lines have been created since 2001 that are barred from federal funding. At present, the National Institutes of Health (NIH) Human Embryonic Stem Cell Registry lists 15 lines that are available and able to be shipped from six suppliers.