Human Cloning Prohibition Act of 2005 - Amends the Public Health Service Act 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; or (3) shipping or receiving an embryo produced by human cloning or any product derived from such an embryo. Prohibits knowingly importing such an embryo.
Sets forth criminal and civil penalties.
Provides that nothing in this Act restricts areas of scientific research not specifically prohibited, 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.
Directs the Government Accountability Office (GAO) to assess the need to amend such prohibition, including through: (1) a discussion of new developments, the need for somatic cell transfer to produce medical advances, current public attitudes and prevailing ethical views concerning its use, and potential legal implications of somatic cell transfer research; and (2) a review of any technological developments that may require technical changes to such prohibition.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 658 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 658
To amend the Public Health Service Act to prohibit human cloning.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 17, 2005
Mr. Brownback (for himself, Ms. Landrieu, Mr. Allard, Mr. Bunning, Mr.
Burr, Mr. Chambliss, Mr. Cornyn, Mr. Craig, Mr. Crapo, Mr. DeMint, Mr.
DeWine, Mrs. Dole, Mr. Domenici, Mr. Ensign, Mr. Graham, Mr. Grassley,
Mr. Hagel, Mr. Inhofe, Mr. Kyl, Mr. Martinez, Ms. Murkowski, Mr.
Santorum, Mr. Sessions, Mr. Shelby, Mr. Thomas, Mr. Thune, Mr. Vitter,
Mr. Voinovich, and Mr. Talent) introduced the following bill; which was
read twice and referred to the Committee on Health, Education, Labor,
and Pensions
_______________________________________________________________________
A BILL
To amend the Public Health Service Act 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.
Part H of title IV of the Public Health Service Act (42 U.S.C. 289
et seq.) is amended by adding at the end the following:
``SEC. 498D. PROHIBITION ON HUMAN CLONING.
``(a) Definitions.--In this section:
``(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.
``(b) Prohibition.--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.
``(c) 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.
``(d) Penalties.--
``(1) Criminal penalty.--Any person or entity that violates
this section shall be fined or imprisoned for 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.
``(e) 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.''.
SEC. 3. STUDY BY GOVERNMENT ACCOUNTABILITY OFFICE.
(a) In General.--The Government Accountability Office shall conduct
a study to assess the need for amendment of the prohibition on human
cloning, as defined in section 498D(a) of the Public Health Service
Act, as added by section 2, which study should include--
(1) a discussion of new developments in medical technology
concerning human cloning and somatic cell nuclear transfer, the
need (if any) for somatic cell nuclear transfer to produce
medical advances, current public attitudes and prevailing
ethical views concerning the use of somatic cell nuclear
transfer, and potential legal implications of research in
somatic cell nuclear transfer; and
(2) a review of any technological developments that may
require that technical changes be made to section 498D of the
Public Health Service Act.
(b) Report.--The Government Accountability Office shall transmit to
Congress, not later than 4 years after the date of enactment of this
Act, a report containing the findings and conclusions of its study,
together with recommendations for any legislation or administrative
actions which it considers appropriate.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S3011)
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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