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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``IP-Enabled Voice Communications and 
Public Safety Act of 2005''.

SEC. 2. EMERGENCY SERVICE.

    (a) 911 and E-911 Services.--Notwithstanding section 2(b) or any 
other provision of the Communications Act of 1934, the Commission shall 
prescribe regulations to establish a set of requirements or obligations 
on providers of IP-enabled voice service to ensure that 911 and E-911 
services are available to customers to IP-enabled voice service. Such 
regulations shall include an appropriate transition period by which to 
comply with such requirements or obligations and take into 
consideration available industry technological and operational 
standards, including network security.
    (b) Non-Discriminatory Access to Capabilities.--Each entity with 
ownership or control of the necessary emergency services infrastructure 
shall provide any requesting IP-enabled voice service provider with 
nondiscriminatory access to their equipment, network, databases, 
interfaces and any other related capabilities necessary for the 
delivery and completion of 911 and E911 calls and information related 
to such 911 or E911 calls. Such access shall be consistent with 
industry standards established by the National Emergency Number 
Association or other applicable industry standards organizations. Such 
entity shall provide access to the infrastructure at just and 
reasonable, nondiscriminatory rates, terms and conditions. The 
telecommunications carrier or other entity shall provide such access to 
the infrastructure on a stand-alone basis.
    (c) State Authority.--Nothing in this Act, the Communications Act 
of 1934, or any Commission regulation or order shall prevent the 
imposition on or collection from a provider of voice services, 
including IP-enabled voice services, of any fee or charge specifically 
designated or presented as dedicated by a State, political subdivision 
thereof, or Indian tribe on an equitable, and non-discriminatory basis 
for the support of 911 and E-911 services if no portion of the revenue 
derived from such fee or charge is obligated or expended for any 
purpose other than support of 911 and E-911 services or enhancements of 
such services.
    (d) Standard.--The Commission may establish regulations imposing 
requirements or obligations on providers of voice services, entities 
with ownership or control of emergency services infrastructure under 
subsections (a) and (b) only to the extent that the Commission 
determines such regulations are technologically and operationally 
feasible.
    (e) Customer Notice.--Prior to the compliance with the rules as 
required by subsection (a), a provider of an IP-enabled voice service 
that is not capable of providing 911 and E-911 services shall provide a 
clear and conspicuous notice of the unavailability of such services to 
each customer at the time of entering into a contract for such service 
with that customer.
    (f) Voice Service Provider Responsibility.--An IP-enabled voice 
service provider shall have the sole responsibility for the proper 
design, operation, and function of the 911 and E911 access capabilities 
offered to the provider's customers.
    (g) Parity of Protection for Provision or Use of IP-Enabled Voice 
Service.--
            (1) Provider parity.--If a provider of an IP-enabled voice 
        service offers 911 or E-911 services in compliance with the 
        rules required by subsection (a), that provider, its officers, 
        directors, employees, vendors, and agents, shall have immunity 
        or other protection from liability of a scope and extent that 
        is not less than the scope and extent of immunity or other 
        protection from liability that any local exchange company, and 
        its officers directors, employees, vendors, or agents, have 
        under the applicable Federal and State law (whether through 
        statute, judicial decision, tariffs filed by such local 
        exchange company, or otherwise), including in connection with 
        an act or omission involving the release of subscriber 
        information related to the emergency calls or emergency 
        services to a public safety answering point, emergency medical 
        service provider, or emergency dispatch provider, public 
        safety, fire service, or law enforcement official, or hospital 
        emergency or trauma care facility.
            (2) User parity.--A person using an IP-enabled voice 
        service that offers 911 or E-911 services pursuant to this 
        subsection shall have immunity or other protection from 
        liability of a scope and extent that is not less than the scope 
        and extent of immunity or other protection from liability under 
        applicable law in similar circumstances of a person using 911 
        or E-911 service that is not provided through an IP-enabled 
        voice service.
            (3) PSAP parity.--In matters related to IP-enabled 911 and 
        E-911 communications, a PSAP, and its employees, vendors, 
        agents, and authorizing government entity (if any) shall have 
        immunity or other protection from liability of a scope and 
        extent that is not less than the scope and extent of immunity 
        or other protection from liability under applicable law 
        accorded to such PSAP, employees, vendors, agents, and 
        authorizing government entity, respective, in matters related 
        to 911 or E-911 communications that are not provided via an IP-
        enabled voice service.
    (h) Delegation Permitted.--The Commission may, in the regulations 
prescribed under this section, provide for the delegation to State 
commissions of authority to implement and enforce the requirements of 
this section and the regulations thereunder.

SEC. 3. MIGRATION TO IP-ENABLED EMERGENCY NETWORK.

    Section 158 of the National Telecommunications and Information 
Administration Organization Act (as added by section 104 of the ENHANCE 
911 Act of 2004) is amended--
            (1) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively; and
            (2) by inserting after subsection (c) the following:
    ``(d) Migration Plan Required.--
            ``(1) National plan required.--No more than 18 months after 
        the date of the enactment of the ENHANCE 911 Act of 2004, the 
        Office shall develop and report to Congress on a national plan 
        for migrating to a national IP-enabled emergency network 
        capable of receiving and responding to all citizen activated 
        emergency communications.
            ``(2) Contents of plan.--The plan required by paragraph (1) 
        shall--
                    ``(A) outline the potential benefits of such a 
                migration;
                    ``(B) identify barriers that must be overcome and 
                funding mechanisms to address those barriers;
                    ``(C) include a proposed timetable, an outline of 
                costs and potential savings;
                    ``(D) provide specific legislative language, if 
                necessary, for achieving the plan; and
                    ``(E) provide recommendations on any legislative 
                changes, including updating definitions, to facilitate 
                a national IP-enabled emergency network.
            ``(3) Consultation.--In developing the plan required by 
        paragraph (1), the Office shall consult with representatives of 
        the public safety community, technology and telecommunications 
        providers, and others it deems appropriate.''.

SEC. 4. DEFINITIONS.

    (a) In General.--For purposes of this Act:
            (1) 911 and e-911 services.--
                    (A) 911.--The term ``911'' means a service that 
                allows a user, by dialing the three-digit code 911, to 
                call a public safety answering point operated by a 
                State, local government, Indian tribe, or authorized 
                entity.
                    (B) E-911.--The term ``E-911 service'' means a 911 
                service that automatically delivers the 911 call to the 
                appropriate public safety answering point, and provides 
                automatic identification data, including the 
                originating number of an emergency call, the physical 
                location of the caller, and the capability for the 
                public safety answering point to call the user back if 
                the call is disconnected.
            (2) IP-enabled voice service.--The term ``IP-enabled voice 
        service'' means an IP-enabled service used for real-time 2-way 
        or multidirectional voice communications offered to a customer 
        that--
                    (A) uses North American Numbering Plan administered 
                telephone numbers, or successor protocol; and
                    (B) has two-way interconnection or otherwise 
                exchange traffic with the public switched telephone 
                network.
            (3) Customer.--The term ``customer'' includes a consumer of 
        goods or services whether for a fee, in exchange for an 
        explicit benefit, or provided for free.
            (4) IP-enabled service.--The term ``IP-enabled service'' 
        means the use of software, hardware, or network equipment that 
        enable an end user to send or receive a communication over the 
        public Internet or a private network utilizing Internet 
        protocol, or any successor protocol, in whole or part, to 
        connect users--
                    (A) regardless of whether the communication is 
                voice, data, video, or other form; and
                    (B) notwithstanding --
                            (i) the underlying transmission technology 
                        used to transmit the communications;
                            (ii) whether the packetizing and 
                        depacketizing of the communications occurs at 
                        the customer premise or network level; or
                            (iii) the software, hardware, or network 
                        equipment used to connect users.
            (5) Public switched telephone network.--The term ``public 
        switched telephone network'' means any switched common carrier 
        service that is interconnected with the traditional local 
        exchange or interexchange switched network.
            (6) PSAP.--The term ``public safety answering point'' or 
        ``PSAP'' means a facility that has been designated to receive 
        911 calls.
    (b) Common Terminology.--Except as otherwise provided in subsection 
(a), terms used in this Act have the meanings provided under section 3 
of the Communications Act of 1934.
IP-Enabled Voice Communications and Public Safety Act of 2005 - Directs the Federal Communications Commission (FCC) to prescribe regulations to establish a set of requirements or obligations on providers of IP-enabled voice service (Internet protocol-enabled service for real-time two-way or multidirectional voice communications) to ensure that 911 (emergency) services and E-911 services (services that automatically delivers a 911 call to the appropriate public safety answering point) are available to customers of IP-enabled voice service. Requires: (1) nondiscriminatory IP provider access to 911 and E-911 services; (2) IP providers to provide to customers a clear and conspicuous notice of the unavailability of 911 and E-911 services; and (3) IP provider and user immunity in the provision and use of 911 and E-911 services to the same extent as local exchange companies and other persons, respectively.

Amends the National Telecommunications and Information Administration Organization Act to require the E-911 Implementation Coordination Office to develop and report to Congress on a national plan for migrating to a national IP-enabled emergency network capable of receiving and responding to all citizen activated emergency communications.

SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Fiscal Year 2010 Federal Aviation 
Administration Extension Act''.
SEC. 2. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.
    (a) Fuel Taxes.--Subparagraph (B) of section 4081(d)(2) of the 
Internal Revenue Code of 1986 is amended by striking ``September 30, 
2009'' and inserting ``December 31, 2009''.
    (b) Ticket Taxes.--
        (1) Persons.--Clause (ii) of section 4261(j)(1)(A) of the 
    Internal Revenue Code of 1986 is amended by striking ``September 
    30, 2009'' and inserting ``December 31, 2009''.
        (2) Property.--Clause (ii) of section 4271(d)(1)(A) of such 
    Code is amended by striking ``September 30, 2009'' and inserting 
    ``December 31, 2009''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2009.
SEC. 3. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE 
AUTHORITY.
    (a) In General.--Paragraph (1) of section 9502(d) of the Internal 
Revenue Code of 1986 is amended--
        (1) by striking ``October 1, 2009'' and inserting ``January 1, 
    2010''; and
        (2) by inserting ``or the Fiscal Year 2010 Federal Aviation 
    Administration Extension Act'' before the semicolon at the end of 
    subparagraph (A).
    (b) Conforming Amendment.--Paragraph (2) of section 9502(e) of such 
Code is amended by striking ``October 1, 2009'' and inserting ``January 
1, 2010''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2009.
SEC. 4. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.
    (a) Authorization of Appropriations.--
        (1) In general.--Section 48103 of title 49, United States Code, 
    is amended--
            (A) by striking ``and'' at the end of paragraph (5);
            (B) by striking the period at the end of paragraph (6) and 
        inserting ``; and''; and
            (C) by adding at the end the following:
        ``(7) $1,000,000,000 for the 3-month period beginning on 
    October 1, 2009.''.
        (2) Obligation of amounts.--Sums made available pursuant to the 
    amendment made by paragraph (1) may be obligated at any time 
    through September 30, 2010, and shall remain available until 
    expended.
    (b) Project Grant Authority.--Section 47104(c) of such title is 
amended by striking ``September 30, 2009,'' and inserting ``December 
31, 2009,''.
SEC. 5. EXTENSION OF EXPIRING AUTHORITIES.
    (a) Section 40117(l)(7) of title 49, United States Code, is amended 
by striking ``October 1, 2009.'' and inserting ``January 1, 2010.''.
    (b) Section 41743(e)(2) of such title is amended by striking 
``2009'' and inserting ``2010''.
    (c) Section 44302(f)(1) of such title is amended--
        (1) by striking ``September 30, 2009,'' and inserting 
    ``December 31, 2009,''; and
        (2) by striking ``December 31, 2009,'' and inserting ``March 
    31, 2010,''.
    (d) Section 44303(b) of such title is amended by striking 
``December 31, 2009,'' and inserting ``March 31, 2010,''.
    (e) Section 47107(s)(3) of such title is amended by striking 
``October 1, 2009.'' and inserting ``January 1, 2010.''.
    (f) Section 47115(j) of such title is amended by inserting ``and 
for the portion of fiscal year 2010 ending before January 1, 2010,'' 
after ``2009,''.
    (g) Section 47141(f) of such title is amended by striking 
``September 30, 2009.'' and inserting ``December 31, 2009.''.
    (h) Section 49108 of such title is amended by striking ``September 
30, 2009,'' and inserting ``December 31, 2009,''.
    (i) Section 161 of the Vision 100--Century of Aviation 
Reauthorization Act (49 U.S.C. 47109 note) is amended by inserting ``, 
or in the portion of fiscal year 2010 ending before January 1, 2010,'' 
after ``fiscal year 2009''.
    (j) Section 186(d) of such Act (117 Stat. 2518) is amended by 
inserting ``and for the portion of fiscal year 2010 ending before 
January 1, 2010,'' after ``2009,''.
    (k) Section 409(d) of such Act (49 U.S.C. 41731 note) is amended by 
striking ``September 30, 2009.'' and inserting ``September 30, 2010.''.
    (l) The amendments made by this section shall take effect on 
October 1, 2009.
SEC. 6. FEDERAL AVIATION ADMINISTRATION OPERATIONS.
    Section 106(k)(1) of title 49, United States Code, is amended--
        (1) by striking ``and'' at the end of subparagraph (D);
        (2) by striking the period at the end of subparagraph (E) and 
    inserting ``; and''; and
        (3) by adding at the end the following:
            ``(F) $2,338,287,375 for the 3-month period beginning on 
        October 1, 2009.''.
SEC. 7. AIR NAVIGATION FACILITIES AND EQUIPMENT.
    Section 48101(a) of title 49, United States Code, is amended--
        (1) by striking ``and'' at the end of paragraph (4);
        (2) by striking the period at the end of paragraph (5) and 
    inserting ``; and''; and
        (3) by adding at the end the following:
        ``(6) $733,444,250 for the 3-month period beginning on October 
    1, 2009.''.
SEC. 8. RESEARCH, ENGINEERING, AND DEVELOPMENT.
    Section 48102(a) of title 49, United States Code, is amended--
        (1) by striking ``and'' at the end of paragraph (12);
        (2) by striking the period at the end of paragraph (13) and 
    inserting ``; and''; and
        (3) by adding at the end the following:
        ``(14) $46,250,000 for the 3-month period beginning on October 
    1, 2009.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
Fiscal Year 2010 Federal Aviation Administration Extension Act - Amends the Internal Revenue Code to extend through December 31, 2009: (1) excise taxes on aviation fuels and air transportation of persons and property; and (2) the expenditure authority for the Airport and Airway Trust Fund.

Authorizes appropriations through the three-month period beginning on October 1, 2009, for airport improvement program (AIP) projects, including project grant authority.

Extends through December 31, 2009, various airport development projects, including: (1) the pilot program for passenger facility fees at nonhub airports; (2) small airport grants for airports located in the Marshall Islands, Micronesia, and Palau; (3) state and local airport land use compatibility projects; (4) the authority of the Metropolitan Washington Airports Authority to apply for an airport development grant and impose a passenger facility fee; (5) the temporary increase to 95% in the government share of certain AIP project costs; and (6) Midway Island airport development.

Extends through FY2010 the authorization of appropriations for agreements the Secretary of Transportation makes for assistance under the small community air service development program.

Extends through December 31, 2009, Department of Transportation (DOT) insurance coverage for domestic and foreign-flag air carriers. Allows further extension through March 31, 2010.

Extends through March 31, 2010, air carrier liability limits for injuries to passengers resulting from acts of terrorism.

Extends through December 31, 2009, certain competitive access assurance requirements for large or medium hub airport sponsors applying for AIP grants.

Extends through FY2010 the termination date of any order issued by the Secretary with respect to the eligibility of certain places for essential air service compensation.

Extends through the three-month period beginning on October 1, 2009, the authorization of appropriations for: (1) Federal Aviation Administration (FAA) operations; (2) air navigation facilities and equipment; and (3) research, engineering, and development.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Human Cloning Ban and Stem Cell 
Research Protection Act of 2005''.

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.--The Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 301 et seq.) is amended by adding at the end the following:

               ``CHAPTER X--PROHIBITION ON HUMAN CLONING

``SEC. 1001. 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 be 
        construed to include any biological product derived from an 
        intact cellular structure that is the product of nuclear 
        transplantation, including stem cells, other cells, and 
        cellular structures.
    ``(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 a 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) Right of Action.--Nothing in this section shall be construed 
to give any individual or person a private right of action.''.
    (b) Prohibited Acts.--
            (1) In general.--Section 301 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 331) is amended by adding at the end 
        the following:
    ``(hh) The violation of paragraph (1), (2), or (3) of section 
1001(b) (relating to human cloning).''.
            (2) Criminal penalties.--Section 303(b) of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 333(b)) is amended by 
        adding at the end the following:
            ``(7) Notwithstanding subsection (a), any person who 
        violates section 301(hh) shall be imprisoned not more than 10 
        years and fined in accordance with title 18, United States 
        Code, or both.''.
            (3) Civil penalties.--Section 303 of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 333) is amended by adding at 
        the end:
    ``(g)(1) Any person who violates section 301(hh) shall be liable to 
the United States for a civil penalty in an amount not to exceed the 
greater of--
            ``(A) $10,000,000; or
            ``(B) an amount equal to three times the amount of the 
        gross pecuniary gain resulting from the violation.
    ``(2) Paragraphs (3) through (5) of subsection (f) apply with 
respect to a civil penalty under this subsection to the same extent and 
in the same manner as such paragraphs (3) through (5) apply with 
respect to a civil penalty under subsection (f).''.
            (4) Forfeiture.--Section 303 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 333), as amended by paragraph (3), is 
        amended by adding at the end the following:
    ``(h) Any property, real or personal, derived from or used to 
commit a violation or attempted violation of section 301(hh), 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.''.

SEC. 102. OVERSIGHT REPORTS ON ACTIONS TO ENFORCE CERTAIN PROHIBITIONS.

    (a) Report on Actions by Secretary of HHS to Enforce Prohibition on 
Human Cloning.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary of Health and Human Services shall prepare 
and submit to the Committee on the Judiciary of the Senate and the 
Committee on Energy and Commerce of the House of Representatives a 
report that--
            (1) describes the actions taken by the Secretary to enforce 
        the provisions of chapter X of the Federal Food, Drug, and 
        Cosmetic Act (as added by section 101);
            (2) describes the personnel and resources the Secretary has 
        utilized to enforce the provisions of such chapter; and
            (3) contains a list of violations, if any, of the 
        provisions of such chapter.
    (b) Report on Coordination of Enforcement Actions Among Federal, 
State, and Local Governments With Respect to Human Cloning.--
            (1) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the Secretary of Health and Human 
        Services shall prepare and submit to the Committee on the 
        Judiciary of the Senate and the Committee on Energy and 
        Commerce of the House of Representatives a report that--
                    (A) describes how the Secretary coordinates the 
                enforcement of violations of section 301(hh) of the 
                Federal Food, Drug, and Cosmetic Act (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
                    (B) describes the status and disposition of--
                            (i) Federal appellate litigation with 
                        respect to such section 301(hh) and State 
                        appellate litigation with respect to similar 
                        State laws relating to human cloning; and
                            (ii) civil litigation, including actions to 
                        appoint guardians, related to human cloning.
            (2) Definition.--In this subsection, 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 1001 of the 
        Federal Food, Drug, and Cosmetic Act (as added by section 
        101)).
    (c) Report on International Laws Relating to Human Cloning.--Not 
later than 1 year after the date of the enactment of this Act, the 
Secretary of Health and Human Services shall prepare and submit to the 
Congress 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 
        1001(a) of the Federal Food, Drug, and Cosmetic Act 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 the enactment of the Human Cloning Ban and Stem 
Cell Research Protection Act of 2005), 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 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 the same laboratory or other 
physical facility 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.''.

Human Cloning Ban and Stem Cell Research Protection Act of 2005 - Amends the Federal Food, Drug, and Cosmetic Act to prohibit: (1) conducting or attempting to conduct human cloning; (2) shipping the product of nuclear transplantation in interstate or foreign commerce for the purpose of human cloning in the United States or elsewhere; or (3) exporting to a foreign country an unfertilized blastocyst if such country does not prohibit human cloning. Sets forth criminal and civil penalties for violations.

Requires the Secretary of Health and Human Services to report to the relevant congressional committees on: (1) actions taken to enforce such prohibitions; (2) coordination of Federal, State, and local enforcement; and (3) international laws relating to human cloning. Amends the Public Health Service Act to require research involving nuclear transplantation to be conducted in accordance with applicable Federal regulations regarding the protection of human subjects and Institutional Review Boards. Prohibits: (1) a somatic cell nucleus from being transplanted into a human oocyte (egg) that has undergone or will undergo fertilization; (2) an unfertilized blastocyst from being maintained after more than 14 days from its first cell division, not counting storage times at temperatures less than zero degrees centigrade; (3) an oocyte from being used in nuclear transplantation research unless donated voluntarily with the donor's informed consent; (4) a human oocyte or unfertilized blastocyst from being acquired, received, or transferred for valuable consideration in interstate commerce; and (5) nuclear transplantation in a laboratory in which human oocytes are subject to assisted reproductive technology treatments or procedures. Sets forth civil penalties for violations.