[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 5 Enrolled Bill (ENR)]
S.5
One Hundred Tenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Thursday,
the fourth day of January, two thousand and seven
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 2007''.
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.''.
SEC. 3. ALTERNATIVE HUMAN PLURIPOTENT STEM CELL RESEARCH.
Part H of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.), as amended by section 2, is further amended by inserting
after section 498D the following:
``SEC. 498E. ALTERNATIVE HUMAN PLURIPOTENT STEM CELL RESEARCH.
``(a) In General.--In accordance with section 492, the Secretary
shall conduct and support basic and applied research to develop
techniques for the isolation, derivation, production, or testing of
stem cells that, like embryonic stem cells, are capable of producing
all or almost all of the cell types of the developing body and may
result in improved understanding of or treatments for diseases and
other adverse health conditions, but are not derived from a human
embryo.
``(b) Guidelines.--Not later than 90 days after the date of the
enactment of this section, the Secretary, after consultation with the
Director, shall issue final guidelines to implement subsection (a),
that--
``(1) provide guidance concerning the next steps required for
additional research, which shall include a determination of the
extent to which specific techniques may require additional basic or
animal research to ensure that any research involving human cells
using these techniques would clearly be consistent with the
standards established under this section;
``(2) prioritize research with the greatest potential for near-
term clinical benefit; and
``(3) consistent with subsection (a), take into account
techniques outlined by the President's Council on Bioethics and any
other appropriate techniques and research.
``(c) Reporting Requirements.--Not later than January 1 of each
year, the Secretary shall prepare and submit to the appropriate
committees of the Congress a report describing the activities carried
out under this section during the fiscal year, including a description
of the research conducted under this section.
``(d) Rule of Construction.--Nothing in this section shall be
construed to affect any policy, guideline, or regulation regarding
embryonic stem cell research, human cloning by somatic cell nuclear
transfer, or any other research not specifically authorized by this
section.
``(e) Definition.--
``(1) In general.--In this section, the term `human embryo'
shall have the meaning given such term in the applicable
appropriations Act.
``(2) Applicable act.--For purposes of paragraph (1), the term
`applicable appropriations Act' means, with respect to the fiscal
year in which research is to be conducted or supported under this
section, the Act making appropriations for the Department of Health
and Human Services for such fiscal year, except that if the Act for
such fiscal year does not contain the term referred to in paragraph
(1), the Act for the previous fiscal year shall be deemed to be the
applicable appropriations Act.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary for each of fiscal years
2008 through 2010, to carry out this section.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.