[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1893 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 1893

       To ban human cloning while protecting stem cell research.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 24, 2002

    Mr. Harkin (for himself, Mr. Specter, Mrs. Boxer, 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 ban human cloning while protecting 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 ``Human Cloning Ban and Stem Cell 
Research Protection Act of 2002''.

SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICES ACT.

    Part H of Title IV of the Public Health Services Act (42 U.S.C. 289 
et seq.), is amended by adding at the end the following:

``SEC. 498C. HUMAN CLONING AND STEM CELL RESEARCH.

    ``(a) Prohibition.--It shall be unlawful for any person or entity, 
public or private, in or affecting interstate commerce--
            ``(1) to perform or attempt to perform human cloning; or
            ``(2) to ship, receive, or import the product of nuclear 
        transplantation for the purpose of human cloning.
    ``(b) Penalties.--
            ``(1) Criminal penalties.--Any person or entity that is 
        convicted of violating any provision of this section shall be 
        fined under this section and imprisoned not more than 10 years, 
        or both.
            ``(2) Civil penalties.--Any person or entity that is 
        convicted of violating any provision of this section shall be 
        subject to a civil penalty of not less than $1,000,000 and, in 
        the case of a violation that involves the derivation of a 
        pecuniary gain greater than $1,000,000, an amount equal to not 
        more than the amount of such gain multiplied by 2.
    ``(c) Definitions.--In this section:
            ``(1) Human cloning.--The term `human cloning' means 
        asexual human reproduction by implanting or attempting to 
        implant the product of nuclear transplantation into a woman's 
        uterus or a substitute for a woman's uterus.
            ``(2) Somatic cell.--The term `somatic cell' means a 
        diploid cell (having a complete set of chromosomes) obtained or 
        derived from a living or deceased human body at any stage of 
        development.
            ``(3) Nuclear transplantation.--The term `nuclear 
        transplantation' means introducing the nuclear material of a 
        human somatic cell into a fertilized or unfertilized oocyte 
        from which the nucleus has been or will be removed or 
        inactivated.
    ``(d) Scientific Research.--Nothing in this section shall be 
construed to restrict areas of biomedical, agricultural, and scientific 
research not specifically prohibited by this section, including somatic 
cell nuclear transfer or other cloning technologies to clone molecules, 
DNA, cells, and tissues.''.
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