2000 
[DOCID: f:s1758is.txt]






107th CONGRESS
  1st Session
                                S. 1758

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            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

_______________________________________________________________________

                                 A BILL


 
 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 a
48e
ny 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.''.
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