I 

110TH CONGRESS 

1ST SESSION H. R. 2560 

To amend the Federal Food, Drug, and Cosmetic Act to prohibit human 

cloning, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 5, 2007 

Ms. DEGETTE (for herself, Mr. MURPHY of Connecticut, Mr. LANGEVIN, Mr. 

SPACE, Mrs. BOYDA of Kansas, and Mr. CARNAHAN) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Federal Food, Drug, and Cosmetic Act to 

prohibit human cloning, and for other purposes. 

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 2007’’. 

6 SEC. 2. PROHIBITION AGAINST HUMAN CLONING. 

7 (a) IN GENERAL.—The Federal Food, Drug, and 

8 Cosmetic Act (21 U.S.C. 301 et seq.) is amended by add9 ing at the end the following: 


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1 ‘‘CHAPTER X—HUMAN CLONING 

2 ‘‘PROHIBITION AGAINST HUMAN CLONING

3 ‘‘SEC. 1001. (a) IN GENERAL.—It shall be unlawful 

4 for any person— 

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

6 cloning; or 

7 ‘‘(2) to ship, mail, transport, or receive the 

8 product of human somatic cell nuclear transfer tech9 nology knowing that such product is for the purpose 

10 of human cloning. 

11 ‘‘(b) DEFINITIONS.—For purposes of this section: 

12 ‘‘(1) The term ‘human cloning’ means the im13 plantation of the product of human somatic cell nu14 clear transfer technology into a uterus or the func15 tional equivalent of a uterus. 

16 ‘‘(2) The term ‘human somatic cell nuclear 

17 transfer technology’ means transferring the nuclear 

18 material of a human somatic cell into an egg cell 

19 from which the nuclear material has been removed 

20 or rendered inert. 

21 ‘‘(3) The term ‘person’ includes a governmental 

22 entity.’’. 

23 (b) PROHIBITED ACTS.— 


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1 (1) IN GENERAL.—Section 301 of the Federal 

2 Food, Drug, and Cosmetic Act (21 U.S.C. 331) is 

3 amended by adding at the end the following: 

4 ‘‘(jj) The violation of section 1001(a).’’. 

5 (2) CRIMINAL PENALTY.—Section 303(b) of the 

6 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

7 333(b)) is amended by adding at the end the fol8 lowing: 

9 ‘‘(7) Notwithstanding subsection (a), any person who 

10 violates section 301(jj) shall be imprisoned not more than 

11 10 years or fined in accordance with title 18, United 

12 States Code, or both.’’. 

13 (3) CIVIL PENALTIES.—Section 303 of the Fed14 eral Food, Drug, and Cosmetic Act (21 U.S.C. 333) 

15 is amended— 

16 (A) by redesignating subsection (g) as sub17 section (f); and 

18 (B) by adding at the end the following: 

19 ‘‘(g)(1) Any person who violates section 301(jj) shall 

20 be liable to the United States for a civil penalty in an 

21 amount not to exceed the greater of— 

22 ‘‘(A) $10,000,000; or 

23 ‘‘(B) an amount equal to the amount of any 

24 gross pecuniary gain derived from such violation 

25 multiplied by 2. 


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1 ‘‘(2) Paragraphs (3) through (5) of subsection (f) 

2 apply with respect to a civil penalty under this subsection 

3 to the same extent and in the same manner as such para4 graphs (3) through (5) apply with respect to a civil penalty 

5 under subsection (f).’’. 

6 (4) FORFEITURE.—Section 303 of the Federal 

7 Food, Drug, and Cosmetic Act, as amended by para8 graph (3), is amended by adding at the end the fol9 lowing: 

10 ‘‘(h) Any property, real or personal, derived from or 

11 used to commit a violation of section 301(jj), or any prop12 erty traceable to such property, shall be subject to for13 feiture to the United States.’’. 

Æ 


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