[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 810 Enrolled Bill (ENR)]
H.R.810
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
To amend the Public Health Service Act to provide for human embryonic
stem cell research.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stem Cell Research Enhancement Act
of 2005''.
SEC. 2. HUMAN EMBRYONIC STEM CELL RESEARCH.
Part H of title IV of the Public Health Service Act (42 U.S.C. 289
et seq.) is amended by inserting after section 498C the following:
``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.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.