108th CONGRESS
1st Session
H. R. 234
To amend title 18, United States Code, to prohibit human cloning.
IN THE HOUSE OF REPRESENTATIVES
January 8, 2003
Mr. WELDON of Florida (for himself, Mr. STUPAK, Mr. SENSENBRENNER, Mr. KUCINICH,
Mr. SMITH of Texas, Mr. DOYLE, Mr. CHABOT, Mr. SANDERS, Mr. CANNON, Mr. HALL,
Mr. KELLER, Mr. FLAKE, Ms. HART, Mr. DELAY, Mrs. MYRICK, Mr. BACHUS, Mr. TAYLOR
of Mississippi, Mr. LUCAS of Kentucky, Mr. MURTHA, Mr. BLUNT, Mr. MCINTYRE,
Mr. ORTIZ, Mr. MOLLOHAN, Mr. FLETCHER, Mr. BILIRAKIS, Mr. NORWOOD, Mr. PITTS,
Mr. SHIMKUS, Mr. STEARNS, Mr. SMITH of New Jersey, Mr. VITTER, Mr. GOODE,
Mr. WOLF, Mr. STENHOLM, Mr. BRADY of Texas, Mr. JOHN, Mr. SOUDER, Mr. PETERSON
of Minnesota, Mr. HOEKSTRA, Mr. KILDEE, Mr. ADERHOLT, Mr. SKELTON, Mr. WICKER,
Mr. COSTELLO, Mr. LEWIS of Kentucky, Mr. TURNER of Texas, Mr. SAM JOHNSON
of Texas, Mr. MCNULTY, Mr. EHLERS, Mr. RAHALL, Mr. LIPINSKI, Mr. SHUSTER,
Mr. GOODLATTE, Mr. PICKERING, Mr. BURTON of Indiana, Mr. HUNTER, Mr. CANTOR,
Mr. NETHERCUTT, Mr. GUTKNECHT, Mr. HAYWORTH, Mr. MILLER of Florida, Mr. MCCRERY,
Mr. RYUN of Kansas, Mrs. JO ANN DAVIS of Virginia, Mr. WILSON of South Carolina,
Mr. BOOZMAN, Mr. LINDER, Mr. MICA, Mr. SHADEGG, Mr. TERRY, Mr. COLLINS, Mrs.
MUSGRAVE, Mr. KENNEDY of Minnesota, Mr. PENCE, Mr. ROGERS of Michigan, Mr.
TIBERI, Mr. RYAN of Wisconsin, Mr. FORBES, Mr. KING of Iowa, Mr. EVERETT,
Mr. AKIN, Mr. OSBORNE, Mr. TANCREDO, Mr. JONES of North Carolina, Mr. CAMP,
Mr. DUNCAN, Mr. CRENSHAW, Mr. PETERSON of Pennsylvania, Mr. KING of New York,
Mr. WAMP, Mr. FOSSELLA, Mr. COMBEST, Mr. HAYES, Mr. TIAHRT, Mr. BURNS, Mr.
HOSTETTLER, Mrs. EMERSON, Mr. ISSA, Mr. MANZULLO, Mr. CRANE, Mr. FEENEY, Mr.
BUYER, and Mr. FERGUSON) introduced the following bill; which was referred
to the Committee on the Judiciary, and in addition to the Committee on Energy
and Commerce, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdiction
of the committee concerned
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 2003'.
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.
`302. Prohibition on human cloning.
`Sec. 301. Definitions
`(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.
`(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.
`(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:
301'.
SEC. 3. STUDY BY GENERAL ACCOUNTING OFFICE.
(a) IN GENERAL- The General Accounting Office shall conduct a study to assess
the need (if any) for amendment of the prohibition on human cloning, as defined
in section 301 of title 18, United States Code, as added by this Act, 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 2 of this Act.
(b) REPORT- The General Accounting Office shall transmit to the Congress,
within 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.
END
