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Government Affairs Home > Washington Highlights > February 1, 2002

Harkin, Brownback Introduce Cloning Proposals

February 1, 2002 - Two more bills have been introduced into the ongoing Senate debate on the issue of human reproductive cloning. Senators Tom Harkin (D-Iowa), Arlen Specter (R-Pa.), Harry Reid (D-Nev.), and Barbara Boxer (D-Calif.) Jan. 24 introduced the "Human Cloning and Stem Cell Research Protection Act of 2001" (S. 1893). Senator Sam Brownback (R-Kan.) reintroduced his "Human Cloning Prohibition Act of 2001" (S. 1899) on Jan. 28.

The Harkin bill prohibits human cloning, defined as "asexual human reproduction by implanting or attempting to implant the product of nuclear transplantation into a woman's uterus or a substitute for a woman's uterus." Shipping, receiving or importing the product of nuclear transplantation for the purpose of human cloning is also prohibited.

Violators would be subject to fines or imprisonment or both and civil penalties of not less than $1 million. For cases involving a financial gain greater than $1 million, civil penalties cannot exceed more than twice the amount of the gain. The Harkin bill also includes a provision to protect research, including "somatic cell nuclear transfer or other cloning technologies to clones molecules, DNA, cells, and tissues." The intent of the Harkin bill is similar to S.1758, which was introduced on Dec. 3, 2001, by Senator Dianne Feinstein (D-Calif.) and six other Democrats.

The Brownback bill, which is similar in purpose to the one he introduced last April and to H.R. 2505, which the House passed on July 31, 2001, defines human cloning as "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." The bill also prohibits shipping or receiving "for any purpose an embryo produced human cloning or any product derived from such embryo," a provision some fear would limit the transfer to the United States of therapies developed overseas.

Penalties under the Brownback bill are similar to those in the Harkin bill. S.1899's research protection provision is more limited, covering "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." The Brownback bill also calls for a General Accounting Office study of new developments in technology "for 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…."

The Senate is expected to consider the issue of human cloning by mid-March.

Information:

Dave Moore, Senior Associate Vice President
AAMC Government Relations
dbmoore@aamc.org
(202) 828-0525

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