[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3766 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3766

 To amend the Public Health Service Act to provide for human stem cell 
 research, including human embryonic stem cell research, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 13, 2010

 Mr. Specter (for himself, Mrs. Boxer, and Mrs. Feinstein) 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 stem cell 
 research, including human embryonic stem cell research, and for other 
                               purposes.

    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 Advancement Act 
of 2010''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) On March 9, 2009, President Barack Obama issued 
        Executive Order 13505, entitled ``Removing Barriers to 
        Responsible Scientific Research Involving Human Stem Cells''.
            (2) On July 7, 2009, the National Institutes of Health 
        issued guidelines on human stem cell research.
            (3) The scientific field of stem cell research is 
        continually advancing.

SEC. 3. HUMAN STEM CELL RESEARCH.

    (a) In General.--Part H of title IV of the Public Health Service 
Act (42 U.S.C. 289 et seq.) is amended by inserting after section 498D 
the following:

``SEC. 498E. HUMAN STEM CELL RESEARCH.

    ``(a) In General.--Notwithstanding any other provision of law, 
including section 509 of division D of the Consolidated Appropriations 
Act, 2010 or any substantially similar provision in any previous or 
subsequent Departments of Labor, Health and Human Services, and 
Education, and Related Agencies Appropriations Act, the Secretary shall 
conduct and support research that utilizes human stem cells, including 
human embryonic stem cells.
    ``(b) Eligibility.--Human embryonic stem cells eligible for use in 
research under subsection (a) shall include stem cells that 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 reproductive treatment, and were in 
        excess of the clinical need of the individuals seeking such 
        treatment.
            ``(2) It was determined through consultation with the 
        individuals seeking reproductive treatment that the embryos to 
        be donated would never be implanted in a woman and would 
        otherwise be discarded.
            ``(3) The individuals seeking reproductive treatment 
        donated the embryos with written informed consent and without 
        receiving any financial or other inducements to make the 
        donation.

``SEC. 498F. GUIDELINES.

    ``The Secretary, in consultation with the Director of NIH, shall--
            ``(1) maintain guidelines applicable to the conduct or 
        support of human stem cell research by the Department of Health 
        and Human Services;
            ``(2) review such guidelines not less than every 3 years; 
        and
            ``(3) update such guidelines as scientifically warranted.

``SEC. 498G. PROHIBITION AGAINST FUNDING FOR HUMAN CLONING.

    ``(a) Prohibition.--The Secretary shall not use any funds for the 
conduct or support of human cloning.
    ``(b) Guidelines.--The Secretary shall update the guidelines 
maintained under section 498F for consistency with subsection (a).
    ``(c) Definitions.--In this section, the term `human cloning' means 
the implantation of the product of transferring the nuclear material of 
a human somatic cell into an egg cell from which the nuclear material 
has been removed or rendered inert into a uterus or the functional 
equivalent of a uterus.''.
    (b) Technical Clarification.--Section 509(a)(2) of division D of 
the Consolidated Appropriations Act, 2010 (Public Law 111-117) is 
amended by inserting ``except as provided under section 498E of the 
Public Health Service Act,'' before ``research in which''.

SEC. 4. REPORTING REQUIREMENTS.

    Section 403(a)(5) of the Public Health Service Act (42 U.S.C. 
283(a)(5)) is amended--
            (1) by redesignating subparagraph (L) as (M); and
            (2) by inserting after subparagraph (K) the following:
                    ``(L) Human stem cells.''.
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