To prohibit human cloning.

July 27, 2005

Mrs. FEINSTEIN (for herself, Mr. HATCH, Mr. KENNEDY, Mr. SPECTER, Mr. HARKIN, Ms. SNOWE, Mrs. BOXER, Ms. COLLINS, Mrs. CLINTON, Mr. CHAFEE, Mr. LAUTENBERG, Mr. STEVENS, Mr. DURBIN, Mr. LIEBERMAN, Mr. KERRY, Mrs. MURRAY, Mr. SALAZAR, Ms. STABENOW, Ms. MIKULSKI, Mr. JEFFORDS, Mr. INOUYE, and Ms. CANTWELL) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

To prohibit human cloning.

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 Act of 2005'.

SEC. 2. PURPOSES.

It is the purpose of this Act to prohibit human cloning.

SEC. 3. 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) 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.

`(b) Protection of Research- Nothing in this section shall be construed to restrict practices not expressly prohibited in this section.

`(c) Penalties-

`(1) CRIMINAL PENALTIES- Whoever intentionally violates paragraph (1), (2), or (3) of subsection (a) 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 (a) 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 (a), 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.

`(d) Right of Action- Nothing in this section shall be construed to give any individual or person a private right of action.

`(e) 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.'.

END