[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 487 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 487

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 26, 2009

  Mr. Harkin (for himself, Mr. Specter, Mr. Kennedy, Mr. Hatch, Mrs. 
Feinstein, and Mr. Reid) 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 2009''.

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 of NIH, 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 
2010 through 2012, to carry out this section.''.
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