Removing Barriers to Responsible Scientific Research Involving Human Stem Cells
Signed March 9, 2009·Barack Obama·74 FR 10667
Source
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Plain-language summary
Removes limits previously placed on federal funding of human stem cell research, including human embryonic stem cell research, allowing the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, to support and conduct such research to the extent permitted by law. Directs the Secretary, through the NIH Director, to review existing NIH guidance within 120 days of the order and issue new guidance consistent with the order, including appropriate safeguards, with periodic updates afterward. Declares that the August 9, 2001 presidential statement limiting federal funding for human embryonic stem cell research no longer has effect as government policy, and revokes Executive Order 13435 of June 20, 2007, which had supplemented that statement. States it does not alter existing legal authority of agencies or create enforceable rights against the government.
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Legal standing
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Claimed authority
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered
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Disposition
Revokes: EO 13435, June 20, 2007
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The order, in full
Executive Order 13505 of March 9, 2009
Removing Barriers to Responsible Scientific
Research Involving Human Stem Cells
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:
Section 1. Policy. Research involving human embryonic
stem cells and human non-embryonic stem cells has the
potential to lead to better understanding and treatment
of many disabling diseases and conditions. Advances
over the past decade in this promising scientific field
have been encouraging, leading to broad agreement in
the scientific community that the research should be
supported by Federal funds.
For the past 8 years, the authority of the Department
of Health and Human Services, including the National
Institutes of Health (NIH), to fund and conduct human
embryonic stem cell research has been limited by
Presidential actions. The purpose of this order is to
remove these limitations on scientific inquiry, to
expand NIH support for the exploration of human stem
cell research, and in so doing to enhance the
contribution of America's scientists to important new
discoveries and new therapies for the benefit of
humankind.
Sec. 2. Research. The Secretary of Health and Human
Services (Secretary), through the Director of NIH, may
support and conduct responsible, scientifically worthy
human stem cell research, including human embryonic
stem cell research, to the extent permitted by law.
Sec. 3. Guidance. Within 120 days from the date of this
order, the Secretary, through the Director of NIH,
shall review existing NIH guidance and other widely
recognized guidelines on human stem cell research,
including provisions establishing appropriate
safeguards, and issue new NIH guidance on such research
that is consistent with this order. The Secretary,
through NIH, shall review and update such guidance
periodically, as appropriate.
Sec. 4. General Provisions. (a) This order shall be
implemented consistent with applicable law and subject
to the availability of appropriations.
(b) Nothing in this order shall be construed to
impair or otherwise affect:
(i) authority granted by law to an executive department, agency, or the
head thereof; or
(ii) functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity, by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
Sec. 5. Revocations. (a) The Presidential statement of
August 9, 2001, limiting Federal funding for research
involving human embryonic stem cells, shall have no
further effect as a statement of governmental policy.
(b) Executive Order 13435 of June 20, 2007, which
supplements the August 9, 2001, statement on human
embryonic stem cell research, is revoked.
(Presidential Sig.)
THE WHITE HOUSE,
March 9, 2009.Reproduced from the Federal Register plain-text record, signed March 9, 2009. Typesetting artifacts are removed; no wording is changed.