S 1758 IS

To prohibit human cloning while preserving important areas of medical research, including stem cell research.

December 3, 2001

Mrs. FEINSTEIN (for herself, Mr. KENNEDY, Mrs. BOXER, Mr. MILLER, Mr. CORZINE, Mr. DURBIN, and Mrs. CLINTON) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

To prohibit human cloning while preserving important areas of medical research, including 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 Prohibition Act of 2001'.

SEC. 2. FINDINGS.

Congress finds that--

(1) the National Bioethics Advisory Commission (referred to in this Act as the `NBAC') has reviewed the scientific and ethical implications of human cloning and has determined that the cloning of human beings is morally unacceptable;

(2) the NBAC recommended that Federal legislation be enacted to prohibit anyone from conducting or attempting human cloning, whether using Federal or non-Federal funds;

(3) the NBAC also recommended that the United States cooperate with other countries to enforce mutually supported prohibitions on human cloning;

(4) the NBAC found that somatic cell nuclear transfer (also known as nuclear transplantation) may have many important applications in medical research;

(5) the Institute of Medicine has found that nuclear transplantation may enable stem cells to be developed in a manner that will permit such cells to be transplanted into a patient without being rejected;

(6) the NBAC concluded that any regulatory or legislative actions undertaken to prohibit human cloning should be carefully written so as not to interfere with other important areas of research, such as stem cell research; and

(7)(A) biomedical research and clinical facilities engage in and affect interstate commerce;

(B) the services provided by clinical facilities move in interstate commerce;

(C) patients travel regularly across State lines in order to access clinical facilities; and

(D) biomedical research and clinical facilities engage scientists, doctors, and other staff in an interstate market, and contract for research and purchase medical and other supplies in an interstate market.

SEC. 3. PURPOSES.

It is the purpose of this Act to prohibit any attempt to clone a human being while protecting important areas of medical research, including stem cell research.

SEC. 4. 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 asexual reproduction by implanting or attempting to implant the product of nuclear transplantation into a uterus.

`(2) HUMAN SOMATIC CELL- The term `human somatic cell' means a mature, diploid cell that is obtained or derived from a living or deceased human being at any stage of development.

`(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, and thus the genes.

`(5) OOCYTE- The term `oocyte' means the female germ cell, the egg.

`(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 use funds made available under any provision of Federal law for an activity prohibited under paragraph (1) or (2).

`(c) PROTECTION OF MEDICAL RESEARCH- Nothing in this section shall be construed to restrict areas of biomedical and agricultural research or practices not expressly prohibited in this section, including research or practices that involve the use of--

`(1) nuclear transplantation to produce human stem cells;

`(2) techniques to create exact duplicates of molecules, DNA, cells, and tissues;

`(3) mitochondrial, cytoplasmic or gene therapy; or

`(4) nuclear transplantation techniques to create nonhuman animals.

`(d) PENALTIES-

`(1) IN GENERAL- Whoever intentionally violates any provision 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) CIVIL ACTIONS- If a person is violating or about to violate the provisions of subsection (b), the Attorney General may commence a civil action in an appropriate Federal district court to enjoin such violation.

`(4) 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.

`(5) ADVISORY OPINIONS- The Attorney General shall, upon request, render binding advisory opinions regarding the scope, applicability, interpretation, and enforcement of this section with regard to specific research projects or practices.

`(e) COOPERATION WITH FOREIGN COUNTRIES- It is the sense of Congress that the President should cooperate with foreign countries to enforce mutually supported restrictions on the activities prohibited under subsection (b).

`(f) RIGHT OF ACTION- Nothing in this section shall be construed to give any individual or person a private right of action.

`(g) PREEMPTION OF STATE LAW- The provisions of this section shall preempt any State or local law, that is inconsistent with this section or section 498C of the Public Health Service Act, that prohibits or restricts research regarding, or practices constituting, nuclear transplantation or human cloning.'.

(b) ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH- 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. 498C. ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH.

`(a) DEFINITIONS- In this section:

`(1) HUMAN SOMATIC CELL- The term `human somatic cell' means a mature, diploid cell that is obtained or derived from a living or deceased human being at any stage of development.

`(2) 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.

`(3) NUCLEUS- The term `nucleus' means the cell structure that houses the chromosomes, and thus the genes.

`(4) OOCYTE- The term `oocyte' means the female germ cell, the egg.

`(b) APPLICABILITY OF FEDERAL ETHICAL STANDARDS TO NUCLEAR TRANSPLANTATION RESEARCH- Research involving nuclear transplantation shall be conducted in accordance with the applicable provisions of part 46 of title 45, Code of Federal Regulations (as in effect on the date of enactment of the Human Cloning Prohibition Act of 2001).

`(c) CIVIL PENALTIES- Whoever intentionally violates subsection (b) shall be subject to a civil penalty of not more than $250,000.

`(d) ENFORCEMENT- The Secretary of Health and Human Services shall have the exclusive authority to enforce this section.'.

END