TASK DEFINITION: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Security and Freedom Through 
Encryption (SAFE) Act''.

SEC. 2. SALE AND USE OF ENCRYPTION.

    (a) In General.--Part I of title 18, United States Code, is amended 
by inserting after chapter 121 the following new chapter:

        ``CHAPTER 122--ENCRYPTED WIRE AND ELECTRONIC INFORMATION

``2801. Definitions.
``2802. Freedom to use encryption.
``2803. Freedom to sell encryption.
``2804. Prohibition on mandatory key escrow.
``2805. Unlawful use of encryption in furtherance of a criminal act.
``Sec. 2801. Definitions
    ``As used in this chapter--
            ``(1) the terms `person', `State', `wire communication', 
        `electronic communication', `investigative or law enforcement 
        officer', `judge of competent jurisdiction', and `electronic 
        storage' have the meanings given those terms in section 2510 of 
        this title;
            ``(2) the terms `encrypt' and `encryption' refer to the 
        scrambling of wire or electronic information using mathematical 
        formulas or algorithms in order to preserve the 
        confidentiality, integrity, or authenticity of, and prevent 
        unauthorized recipients from accessing or altering, such 
        information;
            ``(3) the term `key' means the variable information used in 
        a mathematical formula, code, or algorithm, or any component 
        thereof, used to decrypt wire or electronic information that 
        has been encrypted; and
            ``(4) the term `United States person' means--
                    ``(A) any United States citizen;
                    ``(B) any other person organized under the laws of 
                any State, the District of Columbia, or any 
                commonwealth, territory, or possession of the United 
                States; and
                    ``(C) any person organized under the laws of any 
                foreign country who is owned or controlled by 
                individuals or persons described in subparagraphs (A) 
                and (B).
``Sec. 2802. Freedom to use encryption
    ``Subject to section 2805, it shall be lawful for any person within 
any State, and for any United States person in a foreign country, to 
use any encryption, regardless of the encryption algorithm selected, 
encryption key length chosen, or implementation technique or medium 
used.
``Sec. 2803. Freedom to sell encryption
    ``Subject to section 2805, it shall be lawful for any person within 
any State to sell in interstate commerce any encryption, regardless of 
the encryption algorithm selected, encryption key length chosen, or 
implementation technique or medium used.
``Sec. 2804. Prohibition on mandatory key escrow
    ``(a) Prohibition.--No person in lawful possession of a key to 
encrypted information may be required by Federal or State law to 
relinquish to another person control of that key.
    ``(b) Exception for Access for Law Enforcement Purposes.--
Subsection (a) shall not affect the authority of any investigative or 
law enforcement officer, acting under any law in effect on the 
effective date of this chapter, to gain access to encrypted 
information.
``Sec. 2805. Unlawful use of encryption in furtherance of a criminal 
              act
    ``Any person who willfully uses encryption in furtherance of the 
commission of a criminal offense for which the person may be prosecuted 
in a court of competent jurisdiction--
            ``(1) in the case of a first offense under this section, 
        shall be imprisoned for not more than 5 years, or fined in the 
        amount set forth in this title, or both; and
            ``(2) in the case of a second or subsequent offense under 
        this section, shall be imprisoned for not more than 10 years, 
        or fined in the amount set forth in this title, or both.''.
    (b) Conforming Amendment.--The table of chapters for part I of 
title 18, United States Code, is amended by inserting after the item 
relating to chapter 33 the following new item:

``122. Encrypted wire and electronic information............    2801''.

SEC. 3. EXPORTS OF ENCRYPTION.

    (a) Amendment to Export Administration Act of 1979.--Section 17 of 
the Export Administration Act of 1979 (50 U.S.C. App. 2416) is amended 
by adding at the end thereof the following new subsection:
    ``(g) Computers and Related Equipment.--
            ``(1) General rule.--Subject to paragraphs (2), (3), and 
        (4), the Secretary shall have exclusive authority to control 
        exports of all computer hardware, software, and technology for 
        information security (including encryption), except that which 
        is specifically designed or modified for military use, 
        including command, control, and intelligence applications.
            ``(2) Items not requiring licenses.--No validated license 
        may be required, except pursuant to the Trading With The Enemy 
        Act or the International Emergency Economic Powers Act (but 
        only to the estent that the authority of such Act is not 
        exercised to extend controls imposed under this Act), for the 
        export or reexport of--
                    ``(A) any software, including software with 
                encryption capabilities--
                            ``(i) that is generally available, as is, 
                        and is designed for installation by the 
                        purchaser; or
                            ``(ii) that is in the public domain for 
                        which copyright or other protection is not 
                        available under title 17, United States Code, 
                        or that is available to the public because it 
                        is generally accessible to the interested 
                        public in any form; or
                    ``(B) any computing device solely because it 
                incorporates or employs in any form software (including 
                software with encryption capabilities) exempted from 
                any requirement for a validated license under 
                subparagraph (A).
            ``(3) Software with encryption capabilities.--The Secretary 
        shall authorize the export or reexport of software with 
        encryption capabilities for nonmilitary end-uses in any country 
        to which exports of software of similar capability are 
        permitted for use by financial institutions not controlled in 
        fact by United States persons, unless there is substantial 
        evidence that such software will be--
                    ``(A) diverted to a military end-use or an end-use 
                supporting international terrorism;
                    ``(B) modified for military or terrorist end-use; 
                or
                    ``(C) reexported without any authorization by the 
                United States that may be required under this Act.
            ``(4) Hardware with encryption capabilities.--The Secretary 
        shall authorize the export or reexport of computer hardware 
        with encryption capabilities if the Secretary determines that a 
        product offering comparable security is commercially available 
        outside the United States from a foreign supplier, without 
        effective restrictions.
            ``(5) Definitions.--As used in this subsection--
                    ``(A) the term `encryption' means the scrambling of 
                wire or electronic information using mathematical 
                formulas or algorithms in order to preserve the 
                confidentiality, integrity, or authenticity of, and 
                prevent unauthorized recipients from accessing or 
                altering, such information;
                    ``(B) the term `generally available' means, in the 
                case of software (including software with encryption 
                capabilities), software that is offered for sale, 
                license, or transfer to any person without restriction, 
                whether or not for consideration, including, but not 
                limited to, over-the-counter retail sales, mail order 
                transactions, phone order transactions, electronic 
                distribution, or sale on approval;
                    ``(C) the term `as is' means, in the case of 
                software (including software with encryption 
                capabilities), a software program that is not designed, 
                developed, or tailored by the software publisher for 
                specific purchasers, except that such purchasers may 
                supply certain installation parameters needed by the 
                software program to function properly with the 
                purchaser's system and may customize the software 
                program by choosing among options contained in the 
                software program;
                    ``(D) the term `is designed for installation by the 
                purchaser' means, in the case of software (including 
                software with encryption capabilities) that--
                            ``(i) the software publisher intends for 
                        the purchaser (including any licensee or 
                        transferee), who may not be the actual program 
                        user, to install the software program on a 
                        computing device and has supplied the necessary 
                        instructions to do so, except that the 
                        publisher may also provide telephone help line 
                        services for software installation, electronic 
                        transmission, or basic operations; and
                            ``(ii) the software program is designed for 
                        installation by the purchaser without further 
                        substantial support by the supplier;
                    ``(E) the term `computing device' means a device 
                which incorporates one or more microprocessor-based 
                central processing units that can accept, store, 
                process, or provide output of data; and
                    ``(F) the term `computer hardware', when used in 
                conjunction with information security, includes, but is 
                not limited to, computer systems, equipment, 
                application-specific assemblies, modules, and 
                integrated circuits.''.
    (b) Continuation of Export Administration Act.--For purposes of 
carrying out the amendment made by subsection (a), the Export 
Administration Act of 1979 shall be deemed to be in effect.

SOLUTION: Security and Freedom Through Encryption (SAFE) Act - Amends the Federal criminal code to permit any person within any State, and any U.S. person in a foreign country, to use any encryption regardless of the encryption algorithm selected, encryption key length chosen, or implementation technique or medium used, with an exception for the unlawful use of encryption in furtherance of a criminal act. 
Allows any person within any State to sell in interstate commerce any encryption. 
Specifies that no person in lawful possession of a key to encrypted information may be required by Federal or State law to relinquish to another person control of that key, with an exception for access for law enforcement purposes. 
Sets penalties for the willful use of encryption in furtherance of the commission of a criminal offense. 
(Sec. 3) Amends the Export Administration Act of 1979 to grant the Secretary of Commerce exclusive authority to control exports of all hardware, software, and technology for information security (including encryption), except that which is specifically designed or modified for military use. 
Prohibits requiring any validated license (with limited exceptions pursuant to the Trading With The Enemy Act or the International Emergency Economic Powers Act) for the export or reexport of any:  (1) software, including software with encryption capabilities that is generally available as is and that is designed for installation by the purchaser, or that is in the public domain for which copyright or other protection is not available or is available to the public because it is generally accessible to the public in any form; or (2) computing device solely because it incorporates or employs in any form software (including software with encryption capabilities) exempted from any requirement for a validated license under this section. 
Directs the Secretary to authorize the export or reexport of:  (1) software with encryption capabilities for nonmilitary end-uses in any country to which exports of software of similar capability are permitted for use by financial institutions not controlled in fact by U.S. persons, unless there is substantial evidence that such software will be diverted to a military end-use or an end-use supporting international terrorism, modified for military or terrorist end-use, or reexported without any U.S. authorization that may be required under the Act; and (2) computer hardware with encryption capabilities if the Secretary determines that a product offering comparable security is commercially available outside the United States from a foreign supplier without effective restrictions.

PROBLEM: SECTION 1. RENEWABLE PORTFOLIO STANDARD.

    (a) In General.--Title VI of the Public Utility Regulatory Policies 
Act of 1978 (16 U.S.C. 2601 et seq.) is amended by adding at the end 
the following:

``SEC. 610. FEDERAL RENEWABLE PORTFOLIO STANDARD.

    ``(a) Renewable Energy Requirement.--
            ``(1) In general.--Each electric utility that sells 
        electricity to electric consumers shall obtain a percentage of 
        the base amount of electricity it sells to electric consumers 
        in any calendar year from new renewable energy or existing 
        renewable energy. The percentage obtained in a calendar year 
        shall not be less than the amount specified in the following 
        table:

 
 
 
``Calendar year:                    Minimum annual percentage:
  2010............................  1
  2011............................  2
  2012............................  4
  2013............................  6
  2014............................  8
  2015............................  10
  2016............................  12
  2017............................  14
  2018............................  16
  2019............................  18
  2020............................  20
  2021............................  21
  2022............................  22
  2023............................  23
  2024............................  24
  2025............................  25.

            ``(2) Means of compliance.--An electric utility shall meet 
        the requirements of paragraph (1) by--
                    ``(A) submitting to the Secretary renewable energy 
                credits issued under subsection (b);
                    ``(B) making alternative compliance payments to the 
                Secretary at the rate of 2 cents per kilowatt hour (as 
                adjusted for inflation under subsection (g)); or
                    ``(C) a combination of activities described in 
                subparagraphs (A) and (B).
    ``(b) Renewable Energy Credit Trading Program.--
            ``(1) In general.--Not later than July 1, 2009, the 
        Secretary shall establish a renewable energy credit trading 
        program under which electric utilities shall submit to the 
        Secretary renewable energy credits to certify the compliance of 
        the electric utilities with respect to obligations under 
        subsection (a)(1).
            ``(2) Administration.--As part of the program, the 
        Secretary shall--
                    ``(A) issue tradeable renewable energy credits to 
                generators of electric energy from new renewable 
                energy;
                    ``(B) issue nontradeable renewable energy credits 
                to generators of electric energy from existing 
                renewable energy;
                    ``(C) issue renewable energy credits to electric 
                utilities associated with State renewable portfolio 
                standard compliance mechanisms pursuant to subsection 
                (h);
                    ``(D) ensure that a kilowatt hour, including the 
                associated renewable energy credit, shall be used only 
                once for purposes of compliance with this Act;
                    ``(E) allow double credits for generation from 
                facilities on Indian land, and triple credits for 
                generation from small renewable distributed generators 
                (meaning those no larger than 1 megawatt); and
                    ``(F) ensure that, with respect to a purchaser 
                that, as of the date of enactment of this section, has 
                a purchase agreement from a renewable energy facility 
                placed in service before that date, the credit 
                associated with the generation of renewable energy 
                under the contract is issued to the purchaser of the 
                electric energy.
            ``(3) Duration.--A credit described in subparagraph (A) or 
        (B) of paragraph (2) may only be used for compliance with this 
        section during the 3-year period beginning on the date of 
        issuance of the credit.
            ``(4) Transfers.--An electric utility that holds credits in 
        excess of the quantity of credits needed to comply with 
        subsection (a) may transfer the credits to another electric 
        utility in the same utility holding company system.
            ``(5) Delegation of market function.--The Secretary may 
        delegate to an appropriate market-making entity the 
        administration of a national tradeable renewable energy credit 
        market for purposes of creating a transparent national market 
        for the sale or trade of renewable energy credits.
    ``(c) Enforcement.--
            ``(1) Civil penalties.--Any electric utility that fails to 
        meet the compliance requirements of subsection (a) shall be 
        subject to a civil penalty.
            ``(2) Amount of penalty.--The amount of the civil penalty 
        shall be determined by multiplying the number of kilowatt-hours 
        of electric energy sold to electric consumers in violation of 
        subsection (a) by the greater of 2 cents (adjusted for 
        inflation under subsection (g)) or 200 percent of the average 
        market value of renewable energy credits during the year in 
        which the violation occurred.
            ``(3) Mitigation or waiver.--The Secretary may mitigate or 
        waive a civil penalty under this subsection if the electric 
        utility was unable to comply with subsection (a) for reasons 
        outside of the reasonable control of the utility. The Secretary 
        shall reduce the amount of any penalty determined under 
        paragraph (2) by an amount paid by the electric utility to a 
        State for failure to comply with the requirement of a State 
        renewable energy program if the State requirement is greater 
        than the applicable requirement of subsection (a).
            ``(4) Procedure for assessing penalty.--The Secretary shall 
        assess a civil penalty under this subsection in accordance with 
        the procedures prescribed by section 333(d) of the Energy 
        Policy and Conservation Act of 1954 (42 U.S.C. 6303).
    ``(d) State Renewable Energy Account Program.--
            ``(1) In general.--The Secretary shall establish, not later 
        than December 31, 2008, a State renewable energy account 
        program.
            ``(2) Deposits.--All money collected by the Secretary from 
        alternative compliance payments and the assessment of civil 
        penalties under this section shall be deposited into the 
        renewable energy account established pursuant to this 
        subsection. The State renewable energy account shall be held by 
        the Secretary and shall not be transferred to the Treasury 
        Department.
            ``(3) Use.--Proceeds deposited in the State renewable 
        energy account shall be used by the Secretary, subject to 
        appropriations, for a program to provide grants to the State 
        agency responsible for developing State energy conservation 
        plans under section 362 of the Energy Policy and Conservation 
        Act (42 U.S.C. 6322) for the purposes of promoting renewable 
        energy production, including programs that promote technologies 
        that reduce the use of electricity at customer sites such as 
        solar water heating.
            ``(4) Administration.--The Secretary may issue guidelines 
        and criteria for grants awarded under this subsection. State 
        energy offices receiving grants under this section shall 
        maintain such records and evidence of compliance as the 
        Secretary may require.
            ``(5) Preference.--In allocating funds under this program, 
        the Secretary shall give preference--
                    ``(A) to States in regions which have a 
                disproportionately small share of economically 
                sustainable renewable energy generation capacity; and
                    ``(B) to State programs to stimulate or enhance 
                innovative renewable energy technologies.
    ``(e) Rules.--The Secretary shall issue rules implementing this 
section not later than 1 year after the date of enactment of this 
section.
    ``(f) Exemptions.--This section shall not apply in any calendar 
year to an electric utility--
            ``(1) that sold less than 4,000,000 megawatt-hours of 
        electric energy to electric consumers during the preceding 
        calendar year; or
            ``(2) in Hawaii.
    ``(g) Inflation Adjustment.--Not later than December 31 of each 
year beginning in 2008, the Secretary shall adjust for inflation the 
price of a renewable energy credit under subsection (b)(2) and the 
amount of the civil penalty per kilowatt-hour under subsection (c)(2).
    ``(h) State Programs.--
            ``(1) In general.--Nothing in this section diminishes any 
        authority of a State or political subdivision of a State to 
        adopt or enforce any law or regulation respecting renewable 
        energy, but, except as provided in subsection (c)(3), no such 
        law or regulation shall relieve any person of any requirement 
        otherwise applicable under this section. The Secretary, in 
        consultation with States having such renewable energy programs, 
        shall, to the maximum extent practicable, facilitate 
        coordination between the Federal program and State programs.
            ``(2) Regulations.--
                    ``(A) In general.--The Secretary, in consultation 
                with States, shall promulgate regulations to ensure 
                that an electric utility subject to the requirements of 
                this section that is also subject to a State renewable 
                energy standard receives renewable energy credits in 
                relation to equivalent quantities of renewable energy 
                associated with compliance mechanisms, other than the 
                generation or purchase of renewable energy by the 
                electric utility, including the acquisition of 
                certificates or credits and the payment of taxes, fees, 
                surcharges, or other financial compliance mechanisms by 
                the electric utility or a customer of the electric 
                utility, directly associated with the generation or 
                purchase of renewable energy.
                    ``(B) Prohibition on double counting.--The 
                regulations promulgated under this paragraph shall 
                ensure that a kilowatt hour associated with a renewable 
                energy credit issued pursuant to this subsection shall 
                not be used for compliance with this section more than 
                once.
    ``(i) Recovery of Costs.--
            ``(1) In general.--The Commission shall issue and enforce 
        such regulations as are necessary to ensure that an electric 
        utility recovers all prudently incurred costs associated with 
        compliance with this section.
            ``(2) Applicable law.--A regulation under paragraph (1) 
        shall be enforceable in accordance with the provisions of law 
        applicable to enforcement of regulations under the Federal 
        Power Act (16 U.S.C. 791a et seq.).
    ``(j) Wind Energy Development Study.--The Secretary, in 
consultation with appropriate Federal and State agencies, shall 
conduct, and submit to Congress a report describing the results of, a 
study on methods to increase transmission line capacity for wind energy 
development.
    ``(k) Definitions.--In this section:
            ``(1) Base amount of electricity.--The term `base amount of 
        electricity' means the total amount of electricity sold by an 
        electric utility to electric consumers in a calendar year, 
        excluding municipal waste and electricity generated by a 
        hydroelectric facility (including a pumped storage facility, 
        but excluding incremental hydropower).
            ``(2) Distributed generation facility.--The term 
        `distributed generation facility' means a facility at a 
        customer site.
            ``(3) Existing renewable energy.--The term `existing 
        renewable energy' means, except as provided in paragraph 
        (7)(B), electric energy generated at a facility (including a 
        distributed generation facility) placed in service prior to 
        January 1, 2001, from solar, wind, or geothermal energy, ocean 
        energy, biomass (as defined in section 203(a) of the Energy 
        Policy Act of 2005), or landfill gas.
            ``(4) Geothermal energy.--The term `geothermal energy' 
        means energy derived from a geothermal deposit (within the 
        meaning of section 613(e)(2) of the Internal Revenue Code of 
        1986).
            ``(5) Incremental geothermal production.--
                    ``(A) In general.--The term `incremental geothermal 
                production' means for any year the excess of--
                            ``(i) the total kilowatt hours of 
                        electricity produced from a facility (including 
                        a distributed generation facility) using 
                        geothermal energy; over
                            ``(ii) the average annual kilowatt hours 
                        produced at such facility for 5 of the previous 
                        7 calendar years before the date of enactment 
                        of this section after eliminating the highest 
                        and the lowest kilowatt hour production years 
                        in such 7-year period.
                    ``(B) Special rule.--A facility described in 
                subparagraph (A) that was placed in service at least 7 
                years before the date of enactment of this section 
                shall, commencing with the year in which such date of 
                enactment occurs, reduce the amount calculated under 
                subparagraph (A)(ii) each year, on a cumulative basis, 
                by the average percentage decrease in the annual 
                kilowatt hour production for the 7-year period 
                described in subparagraph (A)(ii) with such cumulative 
                sum not to exceed 30 percent.
            ``(6) Incremental hydropower.--The term `incremental 
        hydropower' means additional energy generated as a result of 
        efficiency improvements or capacity additions made on or after 
        January 1, 2001, or the effective date of an existing 
        applicable State renewable portfolio standard program at a 
        hydroelectric facility that was placed in service before that 
        date. The term does not include additional energy generated as 
        a result of operational changes not directly associated with 
        efficiency improvements or capacity additions. Efficiency 
        improvements and capacity additions shall be measured on the 
        basis of the same water flow information used to determine a 
        historic average annual generation baseline for the 
        hydroelectric facility and certified by the Secretary or the 
        Federal Energy Regulatory Commission.
            ``(7) New renewable energy.--The term `new renewable 
        energy' means--
                    ``(A) electric energy generated at a facility 
                (including a distributed generation facility) placed in 
                service on or after January 1, 2001, from--
                            ``(i) solar, wind, or geothermal energy or 
                        ocean energy;
                            ``(ii) biomass (as defined in section 
                        203(b) of the Energy Policy Act of 2005 (42 
                        U.S.C. 15852(b));
                            ``(iii) landfill gas; or
                            ``(iv) incremental hydropower; and
                    ``(B) for electric energy generated at a facility 
                (including a distributed generation facility) placed in 
                service prior to the date of enactment of this 
                section--
                            ``(i) the additional energy above the 
                        average generation in the 3 years preceding the 
                        date of enactment of this section at the 
                        facility from--
                                    ``(I) solar or wind energy or ocean 
                                energy;
                                    ``(II) biomass (as defined in 
                                section 203(b) of the Energy Policy Act 
                                of 2005 (42 U.S.C. 15852(b));
                                    ``(III) landfill gas; or
                                    ``(IV) incremental hydropower.
                            ``(ii) incremental geothermal production.
            ``(8) Ocean energy.--The term `ocean energy' includes 
        current, wave, tidal, and thermal energy.
    ``(l) Sunset.--This section expires on December 31, 2040.''.
    (b) Table of Contents Amendment.--The table of contents of the 
Public Utility Regulatory Policies Act of 1978 (16 U.S.C. prec. 2601) 
is amended by adding at the end of the items relating to title VI the 
following:

``Sec. 610. Federal renewable portfolio standard.''.

SOLUTION: Amends the Public Utility Regulatory Policies Act of 1978 to set forth a federal renewable energy portfolio standard applicable to calendar years 2010 to 2025.

Instructs the Secretary of Energy to establish: (1) a renewable energy credit trading program under which electric utilities shall submit to the Secretary renewable energy credits to certify their compliance with such standard; and (2) a state renewable energy account program for grants to state agencies to promote renewable energy production (including programs that promote technologies that reduce the use of electricity at customer sites such as solar water heating).



Requires the Federal Energy Regulatory Commission (FERC) to issue and enforce regulations to ensure that an electric utility recovers all prudently incurred costs associated with compliance with this Act.

Instructs the Secretary to study and report to Congress on methods to increase transmission line capacity for wind energy development.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Human Cloning Prohibition Act of 
2105''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) some individuals have announced that they will continue 
        attempts to clone human beings using the technique known as 
        somatic cell nuclear transfer already used with limited success 
        in sheep and other animals;
            (2) nearly all scientists agree that such attempts pose a 
        massive risk of producing children who are stillborn, 
        unhealthy, or severely disabled, and considered opinion is 
        virtually unanimous that such attempts are therefore grossly 
        irresponsible and unethical;
            (3) efforts to create human beings by cloning mark a new 
        and decisive step toward turning human reproduction into a 
        manufacturing process in which children are made in 
        laboratories to preordained specifications and, potentially, in 
        multiple copies;
            (4) because it is an asexual form of reproduction, cloning 
        confounds the meaning of ``father'' and ``mother'' and confuses 
        the identity and kinship relations of any cloned child, and 
        thus threatens to weaken existing notions regarding who bears 
        which parental duties and responsibilities for children;
            (5) because cloning requires no personal involvement by the 
        person whose genetic material is used, cloning could easily be 
        used to reproduce living or deceased persons without their 
        consent;
            (6) creating cloned live-born human children (sometimes 
        called ``reproductive cloning'') necessarily begins by creating 
        cloned human embryos, a process which some also propose as a 
        way to create embryos for research or as sources of cells and 
        tissues for possible treatment of other humans;
            (7) the prospect of creating new human life solely to be 
        exploited and destroyed in this way has been condemned on moral 
        grounds by many, including supporters of a right to abortion, 
        as displaying a profound disrespect for life, and recent 
        scientific advances with adult stem cells indicate that there 
        are fruitful and morally unproblematic alternatives to this 
        approach;
            (8) in order to be effective, a ban on human cloning must 
        stop the cloning process at the beginning because--
                    (A) cloning would take place within the privacy of 
                a doctor-patient relationship;
                    (B) the transfer of embryos to begin a pregnancy is 
                a simple procedure; and
                    (C) any government effort to prevent the transfer 
                of an existing embryo, or to prevent birth once the 
                transfer has occurred, would raise substantial moral, 
                legal, and practical issues, so that it will be nearly 
                impossible to prevent attempts at ``reproductive 
                cloning'' once cloned human embryos are available in 
                the laboratory;
            (9) the scientifically and medically useful practices of 
        cloning of DNA fragments, known as molecular cloning, the 
        duplication of somatic cells (or stem cells) in tissue culture, 
        known as cell cloning, and whole-organism or embryo cloning of 
        nonhuman animals are appropriate uses of medical technology;
            (10) in the preamble to the 1998 Additional Protocol on the 
        Prohibition of Cloning Human Beings the Council of Europe 
        agreed that ``the instrumentalisation of human beings through 
        the deliberate creation of genetically identical human beings 
        is contrary to human dignity and thus constitutes a misuse of 
        biology and medicine'';
            (11) collaborative efforts to perform human cloning are 
        conducted in ways that affect interstate and even international 
        commerce, and the legal status of cloning will have a great 
        impact on how biotechnology companies direct their resources 
        for research and development;
            (12) at least 23 countries have banned all human cloning, 
        including Canada, France, and Germany;
            (13) the United Nations has passed a declaration calling 
        for all human cloning to be banned by member nations; and
            (14) cloned human embryos have been created in a few cases, 
        to be destroyed to extract embryonic stem cells; these few 
        successes substantially increase the risk for exploitation of 
        women for human eggs needed to create clones, and continued 
        experimentation makes it more likely that there will be 
        attempts to gestate cloned human embryos to birth.

SEC. 3. PROHIBITION ON HUMAN CLONING.

    (a) In General.--Title 18, United States Code, is amended by 
inserting after chapter 15 the following:

                      ``CHAPTER 16--HUMAN CLONING

``Sec.
``301. Definitions.
``302. Prohibition on human cloning.
``Sec. 301. Definitions
    ``In this chapter:
            ``(1) Human cloning.--The term `human cloning' means human 
        asexual reproduction, accomplished by introducing the nuclear 
        material of a human somatic cell into a fertilized or 
        unfertilized oocyte whose nucleus has been removed or 
        inactivated to produce a living organism (at any stage of 
        development) with a human or predominantly human genetic 
        constitution.
            ``(2) Somatic cell.--The term `somatic cell' means a 
        diploid cell (having a complete set of chromosomes) obtained or 
        derived from a living or deceased human body at any stage of 
        development.
``Sec. 302. Prohibition on human cloning
    ``(a) In General.--It shall be unlawful for any person or entity, 
public or private, in or affecting interstate commerce--
            ``(1) to perform or attempt to perform human cloning;
            ``(2) to participate in an attempt to perform human 
        cloning; or
            ``(3) to ship or receive the product of human cloning for 
        any purpose.
    ``(b) Importation.--It shall be unlawful for any person or entity, 
public or private, to import the product of human cloning for any 
purpose.
    ``(c) Penalties.--
            ``(1) In general.--Any person or entity that is convicted 
        of violating any provision of this section shall be fined under 
        this section or imprisoned not more than 10 years, or both.
            ``(2) Civil penalty.--Any person or entity that is 
        convicted of violating any provision of this section shall be 
        subject to, in the case of a violation that involves the 
        derivation of a pecuniary gain, a civil penalty of not less 
        than $1,000,000 and not more than an amount equal to the amount 
        of the gross gain multiplied by 2, if that amount is greater 
        than $1,000,000.
    ``(d) Scientific Research.--Nothing in this section shall restrict 
areas of scientific research not specifically prohibited by this 
section, including research in the use of nuclear transfer or other 
cloning techniques to produce molecules, DNA, cells other than human 
embryos, tissues, organs, plants, or animals other than humans.''.
    (b) Clerical Amendment.--The table of chapters for part I of title 
18, United States Code, is amended by inserting after the item relating 
to chapter 15 the following:

``16. Human Cloning.........................................     301''.

SOLUTION:
Human Cloning Prohibition Act of 2105  This bill amends the federal criminal code to prohibit human cloning for reproductive and research purposes. Specifically, the bill makes it a crime for any public or private person or entity to:   perform, attempt to perform, or participate in an attempt to perform human cloning; or   ship, receive, or import a product of human cloning for any purpose.   It defines "human cloning" as asexual reproduction by replacing a fertilized or unfertilized egg nucleus with a human somatic (body) cell nucleus to produce a living organism with a human or predominantly human genetic constitution.  A person or entity convicted of a human cloning offense is subject to a fine, up to 10 years in prison, or both. A person or entity who profits from such offense is also subject to a civil penalty of at least $1,000,000.  This bill does not restrict scientific research using nuclear transfer or other cloning techniques to produce molecules, DNA, cells other than human embryos, tissues, organs, plants, or animals other than humans.