110TH CONGRESS

1ST SESSION S. 5

AN ACT

To amend the Public Health Service Act to provide for

human embryonic stem cell research.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Stem Cell Research

5 Enhancement Act of 2007’’.
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1 SEC. 2. HUMAN EMBRYONIC STEM CELL RESEARCH.

2 Part H of title IV of the Public Health Service Act

3 (42 U.S.C. 289 et seq.) is amended by inserting after sec4 tion 498C the following:

5 ‘‘SEC. 498D. HUMAN EMBRYONIC STEM CELL RESEARCH.

6 ‘‘(a) IN GENERAL.—Notwithstanding any other pro7 vision of law (including any regulation or guidance), the

8 Secretary shall conduct and support research that utilizes

9 human embryonic stem cells in accordance with this sec10 tion (regardless of the date on which the stem cells were

11 derived from a human embryo) .

12 ‘‘(b) ETHICAL REQUIREMENTS.—Human embryonic

13 stem cells shall be eligible for use in any research con14 ducted or supported by the Secretary if the cells meet each

15 of the following:

16 ‘‘(1) The stem cells were derived from human

17 embryos that have been donated from in vitro fer18 tilization clinics, were created for the purposes of

19 fertility treatment, and were in excess of the clinical

20 need of the individuals seeking such treatment.

21 ‘‘(2) Prior to the consideration of embryo dona22 tion and through consultation with the individuals

23 seeking fertility treatment, it was determined that

24 the embryos would never be implanted in a woman

25 and would otherwise be discarded.
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1 ‘‘(3) The individuals seeking fertility treatment

2 donated the embryos with written informed consent

3 and without receiving any financial or other induce4 ments to make the donation.

5 ‘‘(c) GUIDELINES.—Not later than 60 days after the

6 date of the enactment of this section, the Secretary, in

7 consultation with the Director of NIH, shall issue final

8 guidelines to carry out this section.

9 ‘‘(d) REPORTING REQUIREMENTS.—The Secretary

10 shall annually prepare and submit to the appropriate com11 mittees of the Congress a report describing the activities

12 carried out under this section during the preceding fiscal

13 year, and including a description of whether and to what

14 extent research under subsection (a) has been conducted

15 in accordance with this section.’’.

16 SEC. 3. ALTERNATIVE HUMAN PLURIPOTENT STEM CELL

17 RESEARCH.

18 Part H of title IV of the Public Health Service Act

19 (42 U.S.C. 284 et seq.), as amended by section 2, is fur20 ther amended by inserting after section 498D the fol21 lowing:

22 ‘‘SEC. 498E. ALTERNATIVE HUMAN PLURIPOTENT STEM

23 CELL RESEARCH.

24 ‘‘(a) IN GENERAL.—In accordance with section 492,

25 the Secretary shall conduct and support basic and applied
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1 research to develop techniques for the isolation, derivation,

2 production, or testing of stem cells that, like embryonic

3 stem cells, are capable of producing all or almost all of

4 the cell types of the developing body and may result in

5 improved understanding of or treatments for diseases and

6 other adverse health conditions, but are not derived from

7 a human embryo.

8 ‘‘(b) GUIDELINES.—Not later than 90 days after the

9 date of the enactment of this section, the Secretary, after

10 consultation with the Director, shall issue final guidelines

11 to implement subsection (a), that—

12 ‘‘(1) provide guidance concerning the next steps

13 required for additional research, which shall include

14 a determination of the extent to which specific tech15 niques may require additional basic or animal re16 search to ensure that any research involving human

17 cells using these techniques would clearly be con18 sistent with the standards established under this sec19 tion;

20 ‘‘(2) prioritize research with the greatest poten21 tial for near-term clinical benefit; and

22 ‘‘(3) consistent with subsection (a), take into

23 account techniques outlined by the President’s Coun24 cil on Bioethics and any other appropriate tech25 niques and research.
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1 ‘‘(c) REPORTING REQUIREMENTS.—Not later than

2 January 1 of each year, the Secretary shall prepare and

3 submit to the appropriate committees of the Congress a

4 report describing the activities carried out under this sec5 tion during the fiscal year, including a description of the

6 research conducted under this section.

7 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec8 tion shall be construed to affect any policy, guideline, or

9 regulation regarding embryonic stem cell research, human

10 cloning by somatic cell nuclear transfer, or any other re11 search not specifically authorized by this section.

12 ‘‘(e) DEFINITION.—

13 ‘‘(1) IN GENERAL.—In this section, the term

14 ‘human embryo’ shall have the meaning given such

15 term in the applicable appropriations Act.

16 ‘‘(2) APPLICABLE ACT.—For purposes of para17 graph (1), the term ‘applicable appropriations Act’

18 means, with respect to the fiscal year in which re19 search is to be conducted or supported under this

20 section, the Act making appropriations for the De21 partment of Health and Human Services for such

22 fiscal year, except that if the Act for such fiscal year

23 does not contain the term referred to in paragraph

24 (1), the Act for the previous fiscal year shall be

25 deemed to be the applicable appropriations Act.
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1 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There

2 is authorized to be appropriated such sums as may be nec3 essary for each of fiscal years 2008 through 2010, to carry

4 out this section.’’.

Passed the Senate April 11, 2007.

Attest:

Secretary.
110TH CONGRESS

1ST SESSION S. 5

AN ACT

To amend the Public Health Service Act to provide

for human embryonic stem cell research.