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108th CONGRESS
1st Session
S. 303
To prohibit human cloning and protect stem cell research.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 5, 2003
Mr. Hatch (for himself, Mrs. Feinstein, Mr. Specter, Mr. Kennedy, Mr.
Harkin, and Mr. Miller) 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 2003''.
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 an 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.''.
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