[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 471 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 471

 To amend the Public Health Service Act to provide for human embryonic 
                          stem cell research.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 28, 2005

 Mr. Specter (for himself, Mr. Harkin, Mr. Hatch, Mrs. Feinstein, Mr. 
 Smith, and Mr. Kennedy) introduced the following bill; which was read 
 twice and referred to the Committee on Health, Education, Labor, and 
                                Pensions

_______________________________________________________________________

                                 A BILL


 
 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.''.
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