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Senators Feinstein and Kennedy Introduce Legislation
to Ban Human Cloning
February 2, 1998


Washington, DC -- Senators Dianne Feinstein (D-CA) and Edward Kennedy (D-MA), ranking member on the Senate Labor and Human Resources Committee, introduced legislation today to place a 10-year federal moratorium on the cloning of human beings.

The Prohibition on Cloning of Human Beings Act of 1998 prohibits for 10 years any person from attempting to clone a human being using somatic cell nuclear transfer technology, the only technique on the horizon with the potential to allow human cloning. The law, which would extend to both privately- or publicly-funded research, is carefully drafted so as not to prevent or interfere with other biomedical research vital to cancer treatment, fertility, and other disease research.

The legislation also authorizes the continuation of the National Bioethics Advisory Commission and requires the Commission to report to the President and Congress in 4 ½ and 9 ½ years on the science and ethical issues associated with cloning technology, and to recommend whether the federal moratorium should be continued.

“The cloning of a human being today remains scientifically dangerous, morally unacceptable, and ethically flawed,” Senator Feinstein said. “It may never be acceptable from a moral standpoint, but we do not know enough today to permit the cloning of a human being, or to make a permanent determination about the dangers or potential use of this technology.”

Following the news that a Scottish scientist successfully cloned a sheep last year using somatic cell nuclear transfer technology, President Clinton instituted a ban on federal funding related to attempts to clone human beings. The President also asked the National Bioethics Advisory Commission to issue a report on the ethical and legal issues surrounding the possible use of this technology to clone human beings.

The Commission issued its report in June, concluding that, “at this time, it is morally unacceptable for anyone in the public or private sector...to attempt to create a child using somatic cell nuclear transfer cloning.” The Commission cited unacceptable safety risks to the fetus or potential child, and unknown risks to the mother. The Commission further recommended that federal legislation be enacted “to prohibit anyone from attempting, whether in a research or clinical setting, to create a child though somatic cell nuclear cloning.” “It is critical however,” the Commission’ report said, “that such legislation include a sunset clause to ensure that Congress will review the issue after a specified period of time...” and that any legislation should be carefully written so as not to interfere with other important areas of scientific research.”

“This legislation is carefully drafted to prohibit attempts to clone a human being, while not impeding other vital research involving the cloning of cells, tissues, DNA and animals,” Senator Feinstein said. “Senator Kennedy and I drafted this legislation after many discussions with the National Bioethics Advisory Commission, the American Society for Reproductive Medicine, the Department of Health and Human Services, NIH, FDA, and others, to ensure that it was drafted with great care and specificity.”

“The life-saving possibilities for cloning technology are enormous,” Senator Feinstein said. “Scientists at NIH indicate that cloning technology could revolutionize treatment for diabetes, cancer and severe burns, as well as lead to major breakthroughs in treating neurodegenerative diseases such as multiple sclerosis, Lou Gehrig’s disease, Alzheimer’s, Parkinson’s, and repairing spinal cord injuries.”

“Most importantly, these scientists indicate that all of these possibilities can be accomplished without using this technology to create a human being.”

Senators Feinstein and Kennedy were joined at the news conference by two physicians, Dr. Douglas Melton of Harvard University who specializes in molecular and cellular biology and Dr. Marion Damewood, Associate Professor of Gynecology & Obstetrics at John Hopkins Hospital and a member of the Board of the American Society for Reproductive Medicine.


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