Senators Want Human Cloning

Senators Feinstein and Hatch introduced the Human Cloning Ban and Stem Cell Protection Act of 2007 (S.812) yesterday. The bill prohibits reproductive cloning – implanting the product of somatic cell nuclear transfer (SCNT) into a woman – but allows therapeutic cloning – the use of SCNT to derive embryonic stem cells.

Even if the bill passes, a law already exist that could preempt the bill, because it prevents scientists from using federal funds to create or destroy an embryo. Section 509 of the Labor, HHS, and Education Appropriations Act (which still has to be passed) reads:

Sec. 509.
(a) None of the funds made available in this Act may be used for--
(1) the creation of a human embryo or embryos for research purposes; or
(2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under 45 CFR 46.204(b) and section 498(b) of the Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo or embryos'' includes any organism, not protected as a human subject under 45 CFR 46 as of the date of the enactment of this Act, that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells.

If the Feinstein/Hatch bill passes and doesn't modify this section, SCNT opponents will likely argue in court that federal funds cannot be used for therapeutic cloning because of this section. I am trying to get my hands on the text of the bill to see whether or not it addresses this.

If it does, it will be the first pro-SCNT bill to do so. If not, the definition of embryo may be decided by the courts.

What do you think? Does SCNT create an embryo?

Hatch, Feinstein Promote Stem Cell Research, Human Cloning Ban__ [press release]__

Update: We have the text.