II 

109TH CONGRESS 

1ST SESSION S. 1520 

To prohibit human cloning. 

IN THE SENATE OF THE UNITED STATES 

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 

A BILL 

To prohibit human cloning. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Human Cloning Ban 

5 Act of 2005’’. 

6 SEC. 2. PURPOSES. 

7 It is the purpose of this Act to prohibit human 

8 cloning. 
2 

•S 1520 IS 

1 SEC. 3. PROHIBITION ON HUMAN CLONING. 

2 (a) IN GENERAL.—Title 18, United States Code, is 

3 amended by inserting after chapter 15, the following: 

4 ‘‘CHAPTER 16—PROHIBITION ON HUMAN 

5 CLONING 

‘‘Sec. 

‘‘301. Prohibition on human cloning. 

6 ‘‘§ 301. Prohibition on human cloning 

7 ‘‘(a) PROHIBITIONS ON HUMAN CLONING.—It shall 

8 be unlawful for any person or other legal entity, public 

9 or private— 

10 ‘‘(1) to conduct or attempt to conduct human 

11 cloning; 

12 ‘‘(2) to ship the product of nuclear transplan13 tation in interstate or foreign commerce for the pur14 pose of human cloning in the United States or else15 where; or 

16 ‘‘(3) to export to a foreign country an 

17 unfertilized blastocyst if such country does not pro18 hibit human cloning. 

19 ‘‘(b) PROTECTION OF RESEARCH.—Nothing in this 

20 section shall be construed to restrict practices not ex21 pressly prohibited in this section. 

22 ‘‘(c) PENALTIES.— 

23 ‘‘(1) CRIMINAL PENALTIES.—Whoever inten24 tionally violates paragraph (1), (2), or (3) of sub-
3 

•S 1520 IS 

1 section (a) shall be fined under this title and impris2 oned not more than 10 years. 

3 ‘‘(2) CIVIL PENALTIES.—Whoever intentionally 

4 violates paragraph (1), (2), or (3) of subsection (a) 

5 shall be subject to a civil penalty of $1,000,000 or 

6 three times the gross pecuniary gain resulting from 

7 the violation, whichever is greater. 

8 ‘‘(3) FORFEITURE.—Any property, real or per9 sonal, derived from or used to commit a violation or 

10 attempted violation of the provisions of subsection 

11 (a), or any property traceable to such property, shall 

12 be subject to forfeiture to the United States in ac13 cordance with the procedures set forth in chapter 46 

14 of title 18, United States Code. 

15 ‘‘(d) RIGHT OF ACTION.—Nothing in this section 

16 shall be construed to give any individual or person a pri17 vate right of action. 

18 ‘‘(e) DEFINITIONS.—In this section: 

19 ‘‘(1) HUMAN CLONING.—The term ‘human 

20 cloning’ means implanting or attempting to implant 

21 the product of nuclear transplantation into a uterus 

22 or the functional equivalent of a uterus. 

23 ‘‘(2) HUMAN SOMATIC CELL.—The term 

24 ‘human somatic cell’ means any human cell other 

25 than a haploid germ cell. 
4 

•S 1520 IS 

1 ‘‘(3) NUCLEAR TRANSPLANTATION.—The term 

2 ‘nuclear transplantation’ means transferring the nu3 cleus of a human somatic cell into an oocyte from 

4 which the nucleus or all chromosomes have been or 

5 will be removed or rendered inert. 

6 ‘‘(4) NUCLEUS.—The term ‘nucleus’ means the 

7 cell structure that houses the chromosomes. 

8 ‘‘(5) OOCYTE.—The term ‘oocyte’ means the fe9 male germ cell, the egg. 

10 ‘‘(6) UNFERTILIZED BLASTOCYST.—The term 

11 ‘unfertilized blastocyst’ means an intact cellular 

12 structure that is the product of nuclear transplan13 tation. Such term shall not include stem cells, other 

14 cells, cellular structures, or biological products de15 rived from an intact cellular structure that is the 

16 product of nuclear transplantation.’’. 

Æ