[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 876 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 876

       To prohibit human cloning and protect stem cell research.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 21, 2005

 Mr. Hatch (for himself, Mrs. Feinstein, Mr. Specter, Mr. Kennedy, and 
  Mr. Harkin) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
       To prohibit human cloning and protect 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 2005''.

SEC. 2. PURPOSES.

    It is the purpose of this Act to prohibit human cloning and to 
protect important areas of medical research, including stem cell 
research.

                 TITLE I--PROHIBITION ON HUMAN CLONING

SEC. 101. PROHIBITION ON HUMAN CLONING.

    (a) In General.--Title 18, United States Code, is amended by 
inserting after chapter 15, the following:

               ``CHAPTER 16--PROHIBITION ON HUMAN CLONING

``Sec.
``301. Prohibition on human cloning.
``Sec. 301. Prohibition on human cloning
    ``(a) Definitions.--In this section:
            ``(1) Human cloning.--The term `human cloning' means 
        implanting or attempting to implant the product of nuclear 
        transplantation into a uterus or the functional equivalent of a 
        uterus.
            ``(2) Human somatic cell.--The term `human somatic cell' 
        means any human cell other than a haploid germ cell.
            ``(3) Nuclear transplantation.--The term `nuclear 
        transplantation' means transferring the nucleus of a human 
        somatic cell into an oocyte from which the nucleus or all 
        chromosomes have been or will be removed or rendered inert.
            ``(4) Nucleus.--The term `nucleus' means the cell structure 
        that houses the chromosomes.
            ``(5) Oocyte.--The term `oocyte' means the female germ 
        cell, the egg.
            ``(6) Unfertilized blastocyst.--The term `unfertilized 
        blastocyst' means an intact cellular structure that is the 
        product of nuclear transplantation. Such term shall not include 
        stem cells, other cells, cellular structures, or biological 
        products derived from an intact cellular structure that is the 
        product of nuclear transplantation.
    ``(b) Prohibitions on Human Cloning.--It shall be unlawful for any 
person or other legal entity, public or private--
            ``(1) to conduct or attempt to conduct human cloning;
            ``(2) to ship the product of nuclear transplantation in 
        interstate or foreign commerce for the purpose of human cloning 
        in the United States or elsewhere; or
            ``(3) to export to a foreign country an unfertilized 
        blastocyst if such country does not prohibit human cloning.
    ``(c) Protection of Research.--Nothing in this section shall be 
construed to restrict practices not expressly prohibited in this 
section.
    ``(d) Penalties.--
            ``(1) Criminal penalties.--Whoever intentionally violates 
        paragraph (1), (2), or (3) of subsection (b) shall be fined 
        under this title and imprisoned not more than 10 years.
            ``(2) Civil penalties.--Whoever intentionally violates 
        paragraph (1), (2), or (3) of subsection (b) shall be subject 
        to a civil penalty of $1,000,000 or three times the gross 
        pecuniary gain resulting from the violation, whichever is 
        greater.
            ``(3) Forfeiture.--Any property, real or personal, derived 
        from or used to commit a violation or attempted violation of 
        the provisions of subsection (b), or any property traceable to 
        such property, shall be subject to forfeiture to the United 
        States in accordance with the procedures set forth in chapter 
        46 of title 18, United States Code.
    ``(e) Right of Action.--Nothing in this section shall be construed 
to give any individual or person a private right of action.''.

SEC. 102. OVERSIGHT REPORTS ON ACTIONS TO ENFORCE CERTAIN PROHIBITIONS.

    (a) Report on Actions by Attorney General to Enforce Chapter 16 of 
Title 18.--Not later than 1 year after the date of enactment of this 
Act, the Comptroller General shall prepare and submit to the Committee 
on the Judiciary of the Senate and the Committee on the Judiciary of 
the House of Representatives a report that--
            (1) describes the actions taken by the Attorney General to 
        enforce the provisions of chapter 16 of title 18, United States 
        Code (as added by section 101);
            (2) describes the personnel and resources the Attorney 
        General has utilized to enforce the provisions of such chapter; 
        and
            (3) contain a list of any violations, if any, of the 
        provisions of such chapter 16.
    (b) Report on Actions of State Attorneys General to Enforce Similar 
State Laws.--
            (1) Definition.--In this subsection and subsection (c), the 
        term ``similar State law relating to human cloning'' means a 
        State or local law that provides for the imposition of criminal 
        penalties on individuals who are determined to be conducting or 
        attempting to conduct human cloning (as defined in section 301 
        of title 18, United States Code (as added by section 101)).
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Comptroller General shall prepare 
        and submit to the Committee on the Judiciary of the Senate and 
        the Committee on the Judiciary of the House of Representatives 
        a report that--
                    (A) describes any similar State law relating to 
                human cloning;
                    (B) describes the actions taken by the State 
                attorneys general to enforce the provisions of any 
                similar State law relating to human cloning;
                    (C) contains a list of violations, if any, of the 
                provisions of any similar State law relating to human 
                cloning; and
                    (D) contains a list of any individual who, or 
                organization that, has violated, or has been charged 
                with violating, any similar State law relating to human 
                cloning.
    (c) Report on Coordination of Enforcement Actions Among the Federal 
and State and Local Governments With Respect to Human Cloning.--Not 
later than 1 year after the date of enactment of this Act, the 
Comptroller General shall prepare and submit to the Committee on the 
Judiciary of the Senate and the Committee on the Judiciary of the House 
of Representatives a report that--
            (1) describes how the Attorney General coordinates the 
        enforcement of violations of chapter 16 of title 18, United 
        States Code (as added by section 101), with enforcement actions 
        taken by State or local government law enforcement officials 
        with respect to similar State laws relating to human cloning; 
        and
            (2) describes the status and disposition of--
                    (A) Federal appellate litigation with respect to 
                such chapter 16 and State appellate litigation with 
                respect to similar State laws relating to human 
                cloning; and
                    (B) civil litigation, including actions to appoint 
                guardians, related to human cloning.
    (d) Report on International Laws Relating to Human Cloning.--Not 
later than 1 year after the date of enactment of this Act, the 
Comptroller General shall prepare and submit to the Committee on the 
Judiciary of the Senate and the Committee on the Judiciary of the House 
of Representatives a report that--
            (1) describes the laws adopted by foreign countries related 
        to human cloning;
            (2) describes the actions taken by the chief law 
        enforcement officer in each foreign country that has enacted a 
        law described in paragraph (1) to enforce such law; and
            (3) describes the multilateral efforts of the United 
        Nations and elsewhere to ban human cloning.

  TITLE II--ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH

SEC. 201. ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH.

    Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) 
is amended by adding at the end the following:

  ``PART J--ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH

``SEC. 499A. ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH, 
              INCLUDING INFORMED CONSENT, INSTITUTIONAL REVIEW BOARD 
              REVIEW, AND PROTECTION FOR SAFETY AND PRIVACY.

    ``(a) Definitions.--
            ``(1) In general.--The definitions contained in section 
        301(a) of title 18, United States Code, shall apply for 
        purposes of this section.
            ``(2) Other definitions.--In this section:
                    ``(A) Donating.--The term `donating' means giving 
                without receiving valuable consideration.
                    ``(B) Fertilization.--The term `fertilization' 
                means the fusion of an oocyte containing a haploid 
                nucleus with a male gamete (sperm cell).
                    ``(C) Valuable consideration.--The term `valuable 
                consideration' does not include reasonable payments--
                            ``(i) associated with the transportation, 
                        processing, preservation, or storage of a human 
                        oocyte or of the product of nuclear 
                        transplantation research; or
                            ``(ii) to compensate a donor of one or more 
                        human oocytes for the time or inconvenience 
                        associated with such donation.
    ``(b) Applicability of Federal Ethical Standards to Nuclear 
Transplantation Research.--Research involving nuclear transplantation 
shall be conducted in accordance with subpart A of part 46 of title 45, 
or parts 50 and 56 of title 21, Code of Federal Regulations (as in 
effect on the date of enactment of the Human Cloning Ban and Stem Cell 
Research Protection Act of 2003), as applicable.
    ``(c) Prohibition on Conducting Nuclear Transplantation on 
Fertilized Eggs.--A somatic cell nucleus shall not be transplanted into 
a human oocyte that has undergone or will undergo fertilization.
    ``(d) Fourteen-Day Rule.--An unfertilized blastocyst shall not be 
maintained after more than 14 days from its first cell division, not 
counting any time during which it is stored at temperatures less than 
zero degrees centigrade.
    ``(e) Voluntary Donation of Oocytes.--
            ``(1) Informed consent.--In accordance with subsection (b), 
        an oocyte may not be used in nuclear transplantation research 
        unless such oocyte shall have been donated voluntarily by and 
        with the informed consent of the woman donating the oocyte.
            ``(2) Prohibition on purchase or sale.--No human oocyte or 
        unfertilized blastocyst may be acquired, received, or otherwise 
        transferred for valuable consideration if the transfer affects 
        interstate commerce.
    ``(f) Separation of in Vitro Fertilization Laboratories From 
Locations at Which Nuclear Transplantation Is Conducted.--Nuclear 
transplantation may not be conducted in a laboratory in which human 
oocytes are subject to assisted reproductive technology treatments or 
procedures.
    ``(g) Civil Penalties.--Whoever intentionally violates any 
provision of subsections (b) through (f) shall be subject to a civil 
penalty in an amount that is appropriate for the violation involved, 
but not more than $250,000.''.
                                 <all>