text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Hope Offered through Principled, 
  Ethically-Sound Stem Cell Research Act'' or the ``HOPE Act''.
  
  SEC. 2. PURPOSES.
  
      It is the purpose of this Act to--
              (1) intensify research that may result in improved 
          understanding of or treatments for diseases and other adverse 
          health conditions; and
              (2) promote the derivation of pluripotent stem cell lines 
          without the creation of human embryos for research purposes or 
          discarding, destroying, or knowingly harming a human embryo.
  
  SEC. 3. DEFINITIONS.
  
      In this Act:
              (1) Altered nuclear transfer.--The term ``altered nuclear 
          transfer'' means a method for obtaining pluripotent stem cells 
          using a modified form of somatic cell nuclear transfer to 
          produce a biological artifact.
              (2) Biological artifact.--The term ``biological artifact'' 
          means an artificially created non-embryonic cellular system, 
          engineered to lack the essential elements of embryogenesis but 
          still capable of some cell division and growth.
              (3) Direct reprogramming of adult cells.--The term ``direct 
          reprogramming of adult cells'' means a procedure whereby 
          differentiated, somatic cells are restored to a more 
          undifferentiated, multipotent condition. Such process is also 
          known as ``dedifferentiation''.
              (4) Embryo adoption.--The term ``embryo adoption'' means 
          the occurrence of a woman receiving into her uterus a human 
          embryo or embryos to which neither she nor her partner has 
          contributed a gamete for the purpose of child bearing.
              (5) Embryonic stem cells.--The term ``embryonic stem 
          cells'' means primitive cells derived from the inner cell mass 
          of the human embryo or embryos, that have the potential to 
          become a wide variety of specialized cell types.
              (6) Human embryo or embryos.--The term ``human embryo or 
          embryos'' includes any organism, not protected as a human 
          subject under part 46 of title 45, Code of Federal Regulations, 
          as of the date of enactment of this section, that is derived by 
          fertilization, parthenogenesis, cloning, or any other means 
          from one or more human gametes or human diploid cells.
              (7) In vitro fertilization.--The term ``in vitro 
          fertilization'' means the union of an egg and sperm, where the 
          event takes place outside the body and in an artificial 
          environment.
              (8) Oocyte.--The term ``oocyte'' means an unfertilized 
          human egg cell.
              (9) Organismically dead embryo.--The term ``organismically 
          dead embryo'' means the irreversible loss of the capacity of 
          continued and integrated cellular division, growth and 
          differentiation.
              (10) Pluripotent cell.--The term ``pluipotent cell'' means 
          a cell that can produce all the cell types of the developing 
          body. Embryonic stem cells, as well as the inner cell mass 
          cells of the blastocyst, are pluripotent cells.
              (11) Pluripotent stem cells.--The term ``pluripotent stem 
          cells'' means precursor cells that are capable both of 
          perpetuating themselves as stem cells and of producing all or 
          almost all the cell types of the developing body, and that have 
          functional capacity (stable pluripotency) as an embryonic stem 
          cell, though not necessarily the same origin.
              (12) Review board.--The term ``Review Board'' means the 
          National Stem Cell Review Board established under section 5.
              (13) Secretary.--The term ``Secretary'' means the Secretary 
          of Health and Human Services.
              (14) Stem cell line.--The term ``stem cell line'' means 
          stem cells which have been cultured under in vitro conditions 
          that allow proliferation without differentiation from months to 
          years.
  
  SEC. 4. PROVISION OF FEDERAL FUNDING.
  
      (a) Basic and Applied Research.--
              (1) In general.--The Secretary shall conduct and support 
          basic and applied research to develop techniques for the 
          isolation, derivation, production, or testing of pluripotent 
          stem cells that have the flexibility of embryonic stem cells 
          (whether or not they have an embryonic source), and may result 
          in improved understanding of or treatments for diseases and 
          other adverse health conditions, provided that such isolation, 
          derivation, production, or testing will not involve--
                      (A) the creation of a human embryo or embryos for 
                  research purposes; or
                      (B) the destruction or discarding of a human embryo 
                  or embryos, or knowingly subjecting a human embryo or 
                  embryos to risk of injury or death greater than that 
                  allowed for research on fetuses in utero under section 
                  498(b) of this Act and section 46.204(b) of title 45, 
                  Code of Federal Regulations.
              (2) Inclusions.--Research under paragraph (1) may include--
                      (A) Methods that use--
                              (i) cells derived from altered nuclear 
                          transfer; or
                              (ii) cells derived from organismically dead 
                          embryos; and
                      (B) the investigation of evidence for pluripotent 
                  potential in adult stem cells from various sources; or
                      (C) the direct reprogramming of adult cells, the 
                  derivation of stem cells from human germ cells, and 
                  other methods that do not harm or destroy a human 
                  embryo or embryos and that are certified by the Review 
                  Board.
      (b) Limitations.--If any research described in subsection (a) is 
  determined by the Secretary to create an embryo or embryos for research 
  purposes, or harm or destroy a human embryo or embryos, such research 
  shall immediately be terminated until such determination is reviewed 
  and resolved to the satisfaction of the Review Board.
      (c) Guidelines.--Not later than 90 days after the date of the 
  enactment of this section, the Secretary, after consultation with the 
  Director, shall issue final guidelines 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 subsection (a);
              (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.
      (d) 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.
      (e) Rule of Construction.--Nothing in this section shall be 
  construed as altering the policy in effect on the date of enactment of 
  this section regarding the eligibility of stem cell lines for funding 
  by the National Institutes of Health.
  
  SEC. 5. NATIONAL STEM CELL RESEARCH REVIEW BOARD.
  
      (a) In General.--There shall be established within the Department 
  of Health and Human Services a board to be known as the ``National Stem 
  Cell Research Review Board'' which shall be responsible for--
              (1) monitoring research to ensure that it is in compliance 
          with the principles of this Act;
              (2) prioritizing research with the greatest potential for 
          near term benefits;
              (3) ensuring fair consideration of both embryonic stem cell 
          and adult stem cell research for funding; and
              (4) completing their duties under this section in a timely 
          matter to promote rather than hinder appropriate research.
      (b) Composition.--
              (1) In general.--The Review Board shall be composed of 11 
          individuals, to be appointed by the Secretary.
              (2) Requirements.--The members appointed under paragraph 
          (1) shall include--
                      (A) scientists or physicians with relevant 
                  expertise (including areas of assisted reproduction, 
                  developmental biology, and clinical medicine), 
                  including scientists that are not directly engaged in 
                  the research considered by the Board;
                      (B) ethicists or professionals from other 
                  disciplines with a specialized ability to interpret the 
                  moral justifications and implications of the research 
                  considered by the Board;
                      (C) members or advisors familiar with relevant 
                  national legal statutes governing the research 
                  considered by the Board; and
                      (D) community members, unaffiliated with the 
                  institutions involved through employment or other 
                  remunerative relationships, who are objective and 
                  reasonably familiar with the views and needs of 
                  research subjects, patients and patient communities who 
                  could be benefitted or harmed by stem cell research, 
                  and community standards.
              (3) Terms of office.--
                      (A) In general.--The term of office of a member of 
                  a the Review Board appointed under paragraph (1) shall 
                  be 4 years, except that any member appointed to fill a 
                  vacancy for an unexpired term shall serve for the 
                  remainder of such term. The Secretary shall ensure that 
                  appointments are made to the Board in such a manner as 
                  to ensure that the terms of the members not all expire 
                  in the same year and that not all members' terms concur 
                  with the 4-year Presidential term. A member of the 
                  Board may serve after the expiration of such member's 
                  term until a successor has been appointed and taken 
                  office.
                      (B) Time for appointment.--If a vacancy occurs 
                  among the members of the Review Board, the Secretary 
                  shall ensure that an appointment to fill such vacancy 
                  occurs within 90 days from the date the vacancy occurs.
      (c) Limitation.--The Review Board shall not be responsible for 
  dispersing funds. The Board shall ensure that funds which are to be 
  provided by the Federal Government are being used appropriately and 
  under the provisions of this Act.
      (d) Additional Administrative Provisions.--
              (1) Compensation.--Members of the Review Board who are 
          officers or employees of the United States shall not receive 
          any compensation for service on the Board. The remaining 
          members of the Board shall receive, for each day (including 
          travel time) they are engaged in the performance of the 
          functions of the advisory council, compensation at rates not to 
          exceed the daily equivalent to the annual rate in effect for 
          grade GS-15 of the General Schedule.
              (2) Executive secretary and staff.--The Review Board may 
          appoint an individual to serve as the Executive Secretary of 
          the Board. The Secretary shall make available to the Board such 
          staff, information, and other assistance as it may require to 
          carry out its functions.
  
  SEC. 6. INFORMED CONSENT PROVISIONS.
  
      (a) Purpose.--It is the purpose of this section to ensure that 
  individuals are empowered to make voluntary and informed decisions 
  regarding the use of human embryo or embryos created using their 
  biological materials or their oocytes.
      (b) Timing of Consent.--Consent from an individual for the donation 
  of materials for research described in this Act shall be obtained from 
  such individual, in writing, at the time of the proposed transfer of 
  the donated materials from the storage site to the research team.
      (c) Provision of Information to Donors.--At the time that the 
  consent described in subsection (b) is given, the donor shall be 
  informed, verbally and in writing, that the donor retains the right to 
  withdraw such consent until such time as the donated materials involved 
  are actually utilized in research.
  
  SEC. 7. PRIVACY.
  
      Provisions protecting individually identifiable information under 
  the regulations promulgated under section 264(c) of the Health 
  Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 
  note) shall apply to donors under this Act.
  
  SEC. 8. PROHIBITION ON PROFITEERING FROM COMMERCE IN EMBRYOS, HUMAN 
                OVUMS, OR EMBRYONIC STEM CELL LINES.
  
      (a) No Valuable Consideration.--Section 301 of the National Organ 
  Transplant Act (42 U.S.C. 274e) is amended--
              (1) in subsection (a), by inserting ``, human ovum, human 
          blastocyst, human embryo, or stem cell derived from a human 
          embryo'' after ``any human organ''; and
              (2) in subsection (c)(2)--
                      (A) by striking ``human organ'' each place the term 
                  appears and inserting ``human organ, human ovum, human 
                  blastocyst, human embryo, or stem cell derived from a 
                  human embryo''; and
                      (B) by inserting ``, ovum, blastocyst, embryo, or 
                  stem cell'' after ``the organ''.
      (b) No Profits From Therapies That Destroy Human Embryos.--Part H 
  of title IV of the Public Health Service Act (42 U.S.C. 289 et seq.) is 
  amended by adding at the end the following:
  
  ``SEC. 498D. REQUIREMENTS FOR RESEARCH INVOLVING HUMAN EMBRYOS.
  
      ``(a) Ensuring Access to Affordable Treatments.--
              ``(1) In general.--It shall be unlawful for any person to 
          knowingly receive any valuable consideration for any therapy 
          that--
                      ``(A) affects interstate commerce or is funded, in 
                  full or in part, by Federal assistance; and
                      ``(B) utilizes cells from a human embryo, if the 
                  process of deriving such cells destroyed the embryo.
              ``(2) Definition of valuable consideration.--In this 
          subsection, the term `valuable consideration' does not include 
          the reasonable production and administrative costs associated 
          with developing a therapy described in paragraph (1).''.
  
  SEC. 9. FUNDING FOR STEM CELL RESEARCH.
  
      (a) In General.--There is authorized to be appropriated to carry 
  out this Act, $5,000,000,000 for the period beginning with fiscal year 
  2008 and ending with fiscal year 2017.
      (b) Distribution of Funds.--
              (1) In general.--Not less than 90 percent of the amount 
          appropriated in each fiscal year under subsection (a) shall be 
          allocated by the Secretary for the research and administrative 
          costs described in this Act.
              (2) Remainder.--Not more than 10 percent of the amount 
          appropriated in each fiscal year under subsection (a) shall be 
          allocated by the Secretary for--
                      (A) the Federal promotion of human embryo or 
                  embryos adoption from in vitro fertilization clinics;
                      (B) research towards prevention and medical 
                  treatment of genetic conditions consistent with this 
                  Act that do not involve harming or destroying human 
                  embryos in order to promote the health of the 
                  population; and
                      (C) research to advance the understanding of 
                  clinical techniques to minimize the creation of human 
                  embryo or embryos that remain unimplanted after 
                  clinical in vitro fertilization treatments.
target: Hope Offered through Principled, Ethically-Sound Stem Cell Research Act or the HOPE Act - Requires the Secretary of Health and Human Services to conduct and support research to develop techniques for the isolation, derivation, production, or testing of pluripotent stem cells that have the flexibility of embryonic stem cells and that may result in improved understanding of, or treatments for, diseases and other adverse health conditions, provided that such techniques do not involve: (1) the creation of a viable human embryo for research purposes; (2) the destruction or discarding of a human embryo; or (3) knowingly subjecting a human embryo to risk of injury or death greater than that allowed on fetuses in utero.
  
  Establishes the National Stem Cell Research Review Board to: (1) monitor research to ensure that it is in compliance with this Act; (2) prioritize research with the greatest potential for near term benefits; and (3) ensure fair consideration of both embryonic and adult stem cell research for funding.
  
  Sets forth consent requirements for the donation of materials for research.
  
  Applies federal provisions protecting individually identifiable health information to donors.
  
  Amends the National Organ Transplant Act to prohibit the transfer of any human ovum, human blastocyst, human embryo, or stem cell derived from a human embryo for valuable consideration.
  
  Amends the Public Health Service Act to prohibit any person from knowingly receiving any valuable consideration for any therapy that: (1) affects interstate commerce or is funded by federal assistance; and (2) utilizes cells from a human embryo if the process of deriving such cells destroyed the embryo.
feat_title: A bill to provide increased Federal funding for stem cell research, to expand the number of embryonic stem cell lines available for Federally funded research, to provide ethical guidelines for stem cell research, to derive human pluripotent stem cell lines using techniques that do not create an embryo or embryos for research or knowingly harm human embryo or embryos, and for other purposes.