I 

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 
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•HR 234 IH 

A BILL

To amend title 18, United States Code, to prohibit human 

cloning.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Human Cloning Prohi5 bition Act of 2003’’. 

6 SEC. 2. PROHIBITION ON HUMAN CLONING. 

7 (a) IN GENERAL.—Title 18, United States Code, is 

8 amended by inserting after chapter 15, the following: 

9 ‘‘CHAPTER 16—HUMAN CLONING

‘‘Sec. 

‘‘301. Definitions. 

‘‘302. Prohibition on human cloning.

10 ‘‘§ 301. Definitions 

11 ‘‘In this chapter: 

12 ‘‘(1) HUMAN CLONING.—The term ‘human 

13 cloning’ means human asexual reproduction, accom14 plished by introducing nuclear material from one or 

15 more human somatic cells into a fertilized or 

16 unfertilized oocyte whose nuclear material has been 

17 removed or inactivated so as to produce a living or18 ganism (at any stage of development) that is geneti19 cally virtually identical to an existing or previously 

20 existing human organism. 
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•HR 234 IH 

1 ‘‘(2) ASEXUAL REPRODUCTION.—The term 

2 ‘asexual reproduction’ means reproduction not initi3 ated by the union of oocyte and sperm. 

4 ‘‘(3) SOMATIC CELL.—The term ‘somatic cell’ 

5 means a diploid cell (having a complete set of chro6 mosomes) obtained or derived from a living or de7 ceased human body at any stage of development. 

8 ‘‘§ 302. Prohibition on human cloning 

9 ‘‘(a) IN GENERAL.—It shall be unlawful for any per10 son or entity, public or private, in or affecting interstate 

11 commerce, knowingly—

12 ‘‘(1) to perform or attempt to perform human 

13 cloning; 

14 ‘‘(2) to participate in an attempt to perform 

15 human cloning; or 

16 ‘‘(3) to ship or receive for any purpose an em17 bryo produced by human cloning. 

18 ‘‘(b) IMPORTATION.—It shall be unlawful for any per19 son or entity, public or private, knowingly to import for 

20 any purpose an embryo produced by human cloning. 

21 ‘‘(c) PENALTIES.—

22 ‘‘(1) CRIMINAL PENALTY.—Any person or enti23 ty that violates this section shall be fined under this 

24 title or imprisoned not more than 10 years, or both. 
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1 ‘‘(2) CIVIL PENALTY.—Any person or entity 

2 that violates any provision of this section shall be 

3 subject to, in the case of a violation that involves the 

4 derivation of a pecuniary gain, a civil penalty of not 

5 less than $1,000,000 and not more than an amount 

6 equal to the amount of the gross gain multiplied by 

7 2, if that amount is greater than $1,000,000. 

8 ‘‘(d) SCIENTIFIC RESEARCH.—Nothing in this sec9 tion restricts areas of scientific research not specifically 

10 prohibited by this section, including research in the use 

11 of nuclear transfer or other cloning techniques to produce 

12 molecules, DNA, cells other than human embryos, tissues, 

13 organs, plants, or animals other than humans.’’. 

14 (b) CLERICAL AMENDMENT.—The table of chapters 

15 for part I of title 18, United States Code, is amended by 

16 inserting after the item relating to chapter 15 the fol17 lowing:

‘‘16. Human Cloning .......................................................................... 301’’.

18 SEC. 3. STUDY BY GENERAL ACCOUNTING OFFICE. 

19 (a) IN GENERAL.—The General Accounting Office 

20 shall conduct a study to assess the need (if any) for 

21 amendment of the prohibition on human cloning, as de22 fined in section 301 of title 18, United States Code, as 

23 added by this Act, which study should include—

24 (1) a discussion of new developments in medical 

25 technology concerning human cloning and somatic 
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•HR 234 IH 

1 cell nuclear transfer, the need (if any) for somatic 

2 cell nuclear transfer to produce medical advances, 

3 current public attitudes and prevailing ethical views 

4 concerning the use of somatic cell nuclear transfer, 

5 and potential legal implications of research in so6 matic cell nuclear transfer; and 

7 (2) a review of any technological developments 

8 that may require that technical changes be made to 

9 section 2 of this Act. 

10 (b) REPORT.—The General Accounting Office shall 

11 transmit to the Congress, within 4 years after the date 

12 of enactment of this Act, a report containing the findings 

13 and conclusions of its study, together with recommenda14 tions for any legislation or administrative actions which 

15 it considers appropriate.

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