II 

109TH CONGRESS 

1ST SESSION S. 876 

To prohibit human cloning and protect stem cell research. 

IN THE SENATE OF THE UNITED STATES 

APRIL 21, 2005 

Mr. HATCH (for himself, Mrs. FEINSTEIN, Mr. SPECTER, Mr. KENNEDY, and 

Mr. HARKIN) 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. 

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 and Stem Cell Research Protection Act of 2005’’. 

6 SEC. 2. PURPOSES. 

7 It is the purpose of this Act to prohibit human 

8 cloning and to protect important areas of medical re9 search, including stem cell research. 
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1 TITLE I—PROHIBITION ON 

2 HUMAN CLONING 

3 SEC. 101. PROHIBITION ON HUMAN CLONING. 

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

5 amended by inserting after chapter 15, the following: 

6 ‘‘CHAPTER 16—PROHIBITION ON HUMAN 

7 CLONING 

‘‘Sec. 

‘‘301. Prohibition on human cloning. 

8 ‘‘§ 301. Prohibition on human cloning 

9 ‘‘(a) DEFINITIONS.—In this section: 

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

11 cloning’ means implanting or attempting to implant 

12 the product of nuclear transplantation into a uterus 

13 or the functional equivalent of a uterus. 

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

15 ‘human somatic cell’ means any human cell other 

16 than a haploid germ cell. 

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

18 ‘nuclear transplantation’ means transferring the nu19 cleus of a human somatic cell into an oocyte from 

20 which the nucleus or all chromosomes have been or 

21 will be removed or rendered inert. 

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

23 cell structure that houses the chromosomes. 
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1 ‘‘(5) OOCYTE.—The term ‘oocyte’ means the fe2 male germ cell, the egg. 

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

4 ‘unfertilized blastocyst’ means an intact cellular 

5 structure that is the product of nuclear transplan6 tation. Such term shall not include stem cells, other 

7 cells, cellular structures, or biological products de8 rived from an intact cellular structure that is the 

9 product of nuclear transplantation. 

10 ‘‘(b) PROHIBITIONS ON HUMAN CLONING.—It shall 

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

12 or private— 

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

14 cloning; 

15 ‘‘(2) to ship the product of nuclear transplan16 tation in interstate or foreign commerce for the pur17 pose of human cloning in the United States or else18 where; or 

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

20 unfertilized blastocyst if such country does not pro21 hibit human cloning. 

22 ‘‘(c) PROTECTION OF RESEARCH.—Nothing in this 

23 section shall be construed to restrict practices not ex24 pressly prohibited in this section. 

25 ‘‘(d) PENALTIES.— 
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1 ‘‘(1) CRIMINAL PENALTIES.—Whoever inten2 tionally violates paragraph (1), (2), or (3) of sub3 section (b) shall be fined under this title and impris4 oned not more than 10 years. 

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

6 violates paragraph (1), (2), or (3) of subsection (b) 

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

8 three times the gross pecuniary gain resulting from 

9 the violation, whichever is greater. 

10 ‘‘(3) FORFEITURE.—Any property, real or per11 sonal, derived from or used to commit a violation or 

12 attempted violation of the provisions of subsection 

13 (b), or any property traceable to such property, shall 

14 be subject to forfeiture to the United States in ac15 cordance with the procedures set forth in chapter 46 

16 of title 18, United States Code. 

17 ‘‘(e) RIGHT OF ACTION.—Nothing in this section 

18 shall be construed to give any individual or person a pri19 vate right of action.’’. 

20 SEC. 102. OVERSIGHT REPORTS ON ACTIONS TO ENFORCE 

21 CERTAIN PROHIBITIONS. 

22 (a) REPORT ON ACTIONS BY ATTORNEY GENERAL TO

23 ENFORCE CHAPTER 16 OF TITLE 18.—Not later than 1 

24 year after the date of enactment of this Act, the Comp25 troller General shall prepare and submit to the Committee 
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1 on the Judiciary of the Senate and the Committee on the 

2 Judiciary of the House of Representatives a report that— 

3 (1) describes the actions taken by the Attorney 

4 General to enforce the provisions of chapter 16 of 

5 title 18, United States Code (as added by section 

6 101); 

7 (2) describes the personnel and resources the 

8 Attorney General has utilized to enforce the provi9 sions of such chapter; and 

10 (3) contain a list of any violations, if any, of 

11 the provisions of such chapter 16. 

12 (b) REPORT ON ACTIONS OF STATE ATTORNEYS

13 GENERAL TO ENFORCE SIMILAR STATE LAWS.— 

14 (1) DEFINITION.—In this subsection and sub15 section (c), the term ‘‘similar State law relating to 

16 human cloning’’ means a State or local law that pro17 vides for the imposition of criminal penalties on indi18 viduals who are determined to be conducting or at19 tempting to conduct human cloning (as defined in 

20 section 301 of title 18, United States Code (as 

21 added by section 101)). 

22 (2) REPORT.—Not later than 1 year after the 

23 date of enactment of this Act, the Comptroller Gen24 eral shall prepare and submit to the Committee on 

25 the Judiciary of the Senate and the Committee on 
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1 the Judiciary of the House of Representatives a re2 port that— 

3 (A) describes any similar State law relat4 ing to human cloning; 

5 (B) describes the actions taken by the 

6 State attorneys general to enforce the provi7 sions of any similar State law relating to 

8 human cloning; 

9 (C) contains a list of violations, if any, of 

10 the provisions of any similar State law relating 

11 to human cloning; and 

12 (D) contains a list of any individual who, 

13 or organization that, has violated, or has been 

14 charged with violating, any similar State law re15 lating to human cloning. 

16 (c) REPORT ON COORDINATION OF ENFORCEMENT

17 ACTIONS AMONG THE FEDERAL AND STATE AND LOCAL

18 GOVERNMENTS WITH RESPECT TO HUMAN CLONING.— 

19 Not later than 1 year after the date of enactment of this 

20 Act, the Comptroller General shall prepare and submit to 

21 the Committee on the Judiciary of the Senate and the 

22 Committee on the Judiciary of the House of Representa23 tives a report that— 

24 (1) describes how the Attorney General coordi25 nates the enforcement of violations of chapter 16 of 
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1 title 18, United States Code (as added by section 

2 101), with enforcement actions taken by State or 

3 local government law enforcement officials with re4 spect to similar State laws relating to human 

5 cloning; and 

6 (2) describes the status and disposition of— 

7 (A) Federal appellate litigation with re8 spect to such chapter 16 and State appellate 

9 litigation with respect to similar State laws re10 lating to human cloning; and 

11 (B) civil litigation, including actions to ap12 point guardians, related to human cloning. 

13 (d) REPORT ON INTERNATIONAL LAWS RELATING TO

14 HUMAN CLONING.—Not later than 1 year after the date 

15 of enactment of this Act, the Comptroller General shall 

16 prepare and submit to the Committee on the Judiciary of 

17 the Senate and the Committee on the Judiciary of the 

18 House of Representatives a report that— 

19 (1) describes the laws adopted by foreign coun20 tries related to human cloning; 

21 (2) describes the actions taken by the chief law 

22 enforcement officer in each foreign country that has 

23 enacted a law described in paragraph (1) to enforce 

24 such law; and 
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1 (3) describes the multilateral efforts of the 

2 United Nations and elsewhere to ban human cloning. 

3 TITLE II—ETHICAL REQUIRE4 MENTS FOR NUCLEAR TRANS5 PLANTATION RESEARCH 

6 SEC. 201. ETHICAL REQUIREMENTS FOR NUCLEAR TRANS7 PLANTATION RESEARCH. 

8 Title IV of the Public Health Service Act (42 U.S.C. 

9 281 et seq.) is amended by adding at the end the fol10 lowing: 

11 ‘‘PART J—ETHICAL REQUIREMENTS FOR 

12 NUCLEAR TRANSPLANTATION RESEARCH 

13 ‘‘SEC. 499A. ETHICAL REQUIREMENTS FOR NUCLEAR 

14 TRANSPLANTATION RESEARCH, INCLUDING 

15 INFORMED CONSENT, INSTITUTIONAL RE16 VIEW BOARD REVIEW, AND PROTECTION FOR 

17 SAFETY AND PRIVACY. 

18 ‘‘(a) DEFINITIONS.— 

19 ‘‘(1) IN GENERAL.—The definitions contained 

20 in section 301(a) of title 18, United States Code, 

21 shall apply for purposes of this section. 

22 ‘‘(2) OTHER DEFINITIONS.—In this section: 

23 ‘‘(A) DONATING.—The term ‘donating’ 

24 means giving without receiving valuable consid25 eration. 
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1 ‘‘(B) FERTILIZATION.—The term ‘fertiliza2 tion’ means the fusion of an oocyte containing 

3 a haploid nucleus with a male gamete (sperm 

4 cell). 

5 ‘‘(C) VALUABLE CONSIDERATION.—The 

6 term ‘valuable consideration’ does not include 

7 reasonable payments— 

8 ‘‘(i) associated with the transpor9 tation, processing, preservation, or storage 

10 of a human oocyte or of the product of nu11 clear transplantation research; or 

12 ‘‘(ii) to compensate a donor of one or 

13 more human oocytes for the time or incon14 venience associated with such donation. 

15 ‘‘(b) APPLICABILITY OF FEDERAL ETHICAL STAND16 ARDS TO NUCLEAR TRANSPLANTATION RESEARCH.—Re17 search involving nuclear transplantation shall be con18 ducted in accordance with subpart A of part 46 of title 

19 45, or parts 50 and 56 of title 21, Code of Federal Regula20 tions (as in effect on the date of enactment of the Human 

21 Cloning Ban and Stem Cell Research Protection Act of 

22 2003), as applicable. 

23 ‘‘(c) PROHIBITION ON CONDUCTING NUCLEAR

24 TRANSPLANTATION ON FERTILIZED EGGS.—A somatic 
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1 cell nucleus shall not be transplanted into a human oocyte 

2 that has undergone or will undergo fertilization. 

3 ‘‘(d) FOURTEEN-DAY RULE.—An unfertilized blasto4 cyst shall not be maintained after more than 14 days from 

5 its first cell division, not counting any time during which 

6 it is stored at temperatures less than zero degrees centi7 grade. 

8 ‘‘(e) VOLUNTARY DONATION OF OOCYTES.— 

9 ‘‘(1) INFORMED CONSENT.—In accordance with 

10 subsection (b), an oocyte may not be used in nuclear 

11 transplantation research unless such oocyte shall 

12 have been donated voluntarily by and with the in13 formed consent of the woman donating the oocyte. 

14 ‘‘(2) PROHIBITION ON PURCHASE OR SALE.— 

15 No human oocyte or unfertilized blastocyst may be 

16 acquired, received, or otherwise transferred for valu17 able consideration if the transfer affects interstate 

18 commerce. 

19 ‘‘(f) SEPARATION OF IN VITRO FERTILIZATION LAB20 ORATORIES FROM LOCATIONS AT WHICH NUCLEAR

21 TRANSPLANTATION IS CONDUCTED.—Nuclear transplan22 tation may not be conducted in a laboratory in which 

23 human oocytes are subject to assisted reproductive tech24 nology treatments or procedures. 
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1 ‘‘(g) CIVIL PENALTIES.—Whoever intentionally vio2 lates any provision of subsections (b) through (f) shall be 

3 subject to a civil penalty in an amount that is appropriate 

4 for the violation involved, but not more than $250,000.’’. 

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