II 111th CONGRESS 2d Session S. 3766 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.

1.

Short title

This Act may be cited as the Stem Cell Research Advancement Act of 2010.

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.

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:

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.

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.

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.

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. .