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Calendar No. 3 

110TH CONGRESS 

1ST SESSION S. 5 

To amend the Public Health Service Act to provide for human embryonic 

stem cell research. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 4, 2007 

Mr. REID (for himself, Mr. HARKIN, Mr. SPECTER, Mr. KENNEDY, Mr. 

HATCH, Mrs. FEINSTEIN, Mr. SMITH, Mr. DURBIN, Mr. LAUTENBERG, 

Ms. SNOWE, Mr. SCHUMER, Ms. MIKULSKI, Mrs. CLINTON, Ms. CANTWELL, Mr. FEINGOLD, Mr. LEAHY, Mr. KOHL, Ms. STABENOW, Mr. 

WEBB, Mr. KERRY, Mrs. LINCOLN, Mr. DODD, Mr. MENENDEZ, Mr. 

REED, Mr. AKAKA, Mrs. BOXER, Mr. LIEBERMAN, Mr. NELSON of Florida, Mr. LEVIN, Mr. OBAMA, and Mr. INOUYE) introduced the following 

bill; which was read the first time 

JANUARY 8, 2007 

Read the second time and placed on the calendar 

A BILL 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Enhancement Act of 2007’’. 

4 SEC. 2. HUMAN EMBRYONIC STEM CELL RESEARCH. 

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

6 (42 U.S.C. 289 et seq.) is amended by inserting after sec7 tion 498C the following: 

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

9 ‘‘(a) IN GENERAL.—Notwithstanding any other pro10 vision of law (including any regulation or guidance), the 

11 Secretary shall conduct and support research that utilizes 

12 human embryonic stem cells in accordance with this sec13 tion (regardless of the date on which the stem cells were 

14 derived from a human embryo) . 

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

16 stem cells shall be eligible for use in any research con17 ducted or supported by the Secretary if the cells meet each 

18 of the following: 

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

20 embryos that have been donated from in vitro fer21 tilization clinics, were created for the purposes of 

22 fertility treatment, and were in excess of the clinical 

23 need of the individuals seeking such treatment. 

24 ‘‘(2) Prior to the consideration of embryo dona25 tion and through consultation with the individuals 

26 seeking fertility treatment, it was determined that 


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1 the embryos would never be implanted in a woman 

2 and would otherwise be discarded. 

3 ‘‘(3) The individuals seeking fertility treatment 

4 donated the embryos with written informed consent 

5 and without receiving any financial or other induce6 ments to make the donation. 

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

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

9 consultation with the Director of NIH, shall issue final 

10 guidelines to carry out this section. 

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

12 shall annually prepare and submit to the appropriate com13 mittees of the Congress a report describing the activities 

14 carried out under this section during the preceding fiscal 

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

16 extent research under subsection (a) has been conducted 

17 in accordance with this section.’’. 

18 SEC. 3. ALTERNATIVE HUMAN PLURIPOTENT STEM CELL 

19 RESEARCH. 

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

21 (42 U.S.C. 284 et seq.), as amended by section 2, is fur22 ther amended by inserting after section 498D the fol23 lowing: 


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

2 CELL RESEARCH. 

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

4 the Secretary shall conduct and support basic and applied 

5 research to develop techniques for the isolation, derivation, 

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

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

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

9 improved understanding of or treatments for diseases and 

10 other adverse health conditions, but are not derived from 

11 a human embryo. 

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

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

14 consultation with the Director, shall issue final guidelines 

15 to implement subsection (a), that— 

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

17 required for additional research, which shall include 

18 a determination of the extent to which specific tech19 niques may require additional basic or animal re20 search to ensure that any research involving human 

21 cells using these techniques would clearly be con22 sistent with the standards established under this sec23 tion; 

24 ‘‘(2) prioritize research with the greatest poten25 tial for near-term clinical benefit; and 


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

2 account techniques outlined by the President’s Coun3 cil on Bioethics and any other appropriate tech4 niques and research. 

5 ‘‘(c) REPORTING REQUIREMENTS.—Not later than 

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

7 submit to the appropriate committees of the Congress a 

8 report describing the activities carried out under this sec9 tion during the fiscal year, including a description of the 

10 research conducted under this section. 

11 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec12 tion shall be construed to affect any policy, guideline, or 

13 regulation regarding embryonic stem cell research, human 

14 cloning by somatic cell nuclear transfer, or any other re15 search not specifically authorized by this section. 

16 ‘‘(e) DEFINITION.— 

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

18 ‘human embryo’ shall have the meaning given such 

19 term in the applicable appropriations Act. 

20 ‘‘(2) APPLICABLE ACT.—For purposes of para21 graph (1), the term ‘applicable appropriations Act’ 

22 means, with respect to the fiscal year in which re23 search is to be conducted or supported under this 

24 section, the Act making appropriations for the De25 partment of Health and Human Services for such 


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

2 does not contain the term referred to in paragraph 

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

4 deemed to be the applicable appropriations Act. 

5 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

6 is authorized to be appropriated such sums as may be nec7 essary for each of fiscal years 2008 through 2010, to carry 

8 out this section.’’. 


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Calendar No. 3 

110TH CONGRESS 

1ST SESSION S. 5 

A BILL 

To amend the Public Health Service Act to provide 

for human embryonic stem cell research. 

JANUARY 8, 2007 

Read the second time and placed on the calendar 


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