Human Cloning Prohibition Act of 2005

Human Cloning Prohibition Act of 2005 - Amends the Federal criminal code to prohibit any person or entity, in or affecting interstate commerce, from knowingly: (1) performing or attempting to perform human cloning; (2) participating in such an attempt; (3) shipping or receiving an embryo produced by human cloning or any product derived from such embryo; or (4) importing such an embryo or derived product.

Sets forth criminal and civil penalties.

Provides that nothing in this Act restricts areas of scientific research not specifically prohibited above, 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.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1357 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1357

   To amend title 18, United States Code, to prohibit human cloning.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 2005

Mr. Weldon of Florida (for himself, Mr. Stupak, Mr. Sensenbrenner, Mrs. 
  Miller of Michigan, Mr. Wolf, Mr. Oberstar, Mr. Cantor, Mr. Ryun of 
   Kansas, Mr. Murtha, Mr. Pitts, Mr. Hostettler, Mr. Sullivan, Mr. 
  Ferguson, Mr. Neugebauer, Mr. Garrett of New Jersey, Mr. Buyer, Mr. 
Chabot, Mr. Taylor of Mississippi, Mr. Akin, Ms. Foxx, Mr. Shuster, Mr. 
Norwood, Mr. Smith of New Jersey, Mr. Whitfield, Ms. Ros-Lehtinen, Mrs. 
Jo Ann Davis of Virginia, Mr. Berry, Mr. Wilson of South Carolina, Mr. 
   DeLay, Mr. Shimkus, Mr. Brady of Texas, Mr. Terry, Mr. Kennedy of 
 Minnesota, Mr. Souder, Mr. Bilirakis, Mr. McIntyre, Mr. Sessions, Mr. 
 Petri, Mr. Baker, Mr. Renzi, Mr. Hayes, Mr. Bachus, Mr. Tancredo, Mr. 
   Tiahrt, Mr. Goode, Mr. Burgess, Mr. Stearns, Mr. Barrett of South 
 Carolina, Mr. McCotter, Mr. Costello, Mr. King of Iowa, Mr. McHenry, 
 Mr. Ney, Ms. Hart, Mr. Kingston, Mr. Skelton, Mr. Mollohan, Mr. Wamp, 
  Mr. Fossella, Mr. Herger, Mr. Aderholt, Mr. Hayworth, Mr. Brown of 
    South Carolina, Mr. Shadegg, Mr. Gutknecht, Mr. Jones of North 
Carolina, Mr. Lucas, Mr. Graves, Mr. Gingrey, Mr. Boustany, Mr. Walsh, 
Mr. Miller of Florida, Mr. Westmoreland, Mr. Thornberry, Mr. McCaul of 
Texas, Mr. Bishop of Utah, Mr. Ryan of Wisconsin, Mr. Blunt, Mr. Pombo, 
  Mrs. Myrick, Mr. Ehlers, Mr. Pence, Mr. Sam Johnson of Texas, Mrs. 
 Capito, Mr. Wicker, Mr. Everett, Mr. Green of Wisconsin, Mr. Davis of 
 Kentucky, Mr. Pickering, Mr. Forbes, Mrs. Blackburn, Mr. Weller, Mr. 
 Fitzpatrick of Pennsylvania, Mr. Marshall, Mrs. Cubin, Mr. Franks of 
Arizona, Mr. Platts, Mr. Duncan, Mr. Rogers of Michigan, Mr. Inglis of 
South Carolina, Mr. Lewis of Kentucky, Mr. Goodlatte, Mr. Crenshaw, and 
  Mr. Hall) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend title 18, United States Code, 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 Prohibition Act of 
2005''.

SEC. 2. 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 nuclear 
        material from one or more human somatic cells into a fertilized 
        or unfertilized oocyte whose nuclear material has been removed 
        or inactivated so as to produce a living organism (at any stage 
        of development) that is genetically virtually identical to an 
        existing or previously existing human organism.
            ``(2) Asexual reproduction.--The term `asexual 
        reproduction' means reproduction not initiated by the union of 
        oocyte and sperm.
            ``(3) 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, knowingly--
            ``(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 for any purpose an embryo produced 
        by human cloning or any product derived from such embryo.
    ``(b) Importation.--It shall be unlawful for any person or entity, 
public or private, knowingly to import for any purpose an embryo 
produced by human cloning or any product derived from such embryo.
    ``(c) Penalties.--
            ``(1) Criminal penalty.--Any person or entity that violates 
        this section shall be fined under this title or imprisoned not 
        more than 10 years, or both.
            ``(2) Civil penalty.--Any person or entity that violates 
        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 restricts 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''.
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