Human Cloning Ban Act of 2005

Human Cloning Ban Act of 2005 - Prohibits any person or private or public legal entity from: (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; 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.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1520 Introduced in Senate (IS)]


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.

    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 Act of 2005''.

SEC. 2. PURPOSES.

    It is the purpose of this Act to prohibit human cloning.

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--PROHIBITION ON HUMAN CLONING

``Sec.
``301. Prohibition on human cloning.
``Sec. 301. Prohibition on human cloning
    ``(a) 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.
    ``(b) Protection of Research.--Nothing in this section shall be 
construed to restrict practices not expressly prohibited in this 
section.
    ``(c) Penalties.--
            ``(1) Criminal penalties.--Whoever intentionally violates 
        paragraph (1), (2), or (3) of subsection (a) 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 (a) 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 (a), 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.
    ``(d) Right of Action.--Nothing in this section shall be construed 
to give any individual or person a private right of action.
    ``(e) 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.''.
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