[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.