II 

108TH CONGRESS 

1ST SESSION S. 245

To amend the Public Health Service Act to prohibit human cloning. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 29, 2003

Mr. BROWNBACK (for himself, Ms. LANDRIEU, Mr. VOINOVICH, Mr. SHELBY, 

Mr. SESSIONS, Mr. SANTORUM, Mr. NICKLES, Mr. KYL, Mr. INHOFE, 

Mr. HAGEL, Mr. GRASSLEY, Mr. ENZI, Mr. GRAHAM of South Carolina, 

Mr. FITZGERALD, Mr. ENSIGN, Mr. DEWINE, Mr. CRAIG, Mr. CORNYN, 

Mr. BUNNING, Mr. BENNETT, Mr. ALLARD, Mr. THOMAS, and Mr. 

BOND) introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL

To amend the Public Health Service Act 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’’. 
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1 SEC. 2. PROHIBITION ON HUMAN CLONING. 

2 Part H of title IV of the Public Health Service Act 

3 (42 U.S.C. 289 et seq.) is amended by adding at the end 

4 the following: 

5 ‘‘SEC. 498D. PROHIBITION ON HUMAN CLONING. 

6 ‘‘(a) DEFINITIONS.—In this section: 

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

8 cloning’ means human asexual reproduction, accom9 plished by introducing nuclear material from one or 

10 more human somatic cells into a fertilized or 

11 unfertilized oocyte whose nuclear material has been 

12 removed or inactivated so as to produce a living or13 ganism (at any stage of development) that is geneti14 cally virtually identical to an existing or previously 

15 existing human organism. 

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

17 ‘asexual reproduction’ means reproduction not initi18 ated by the union of oocyte and sperm. 

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

20 means a diploid cell (having a complete set of chro21 mosomes) obtained or derived from a living or de22 ceased human body at any stage of development. 

23 ‘‘(b) PROHIBITION.—It shall be unlawful for any per24 son or entity, public or private, in or affecting interstate 

25 commerce, knowingly—
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1 ‘‘(1) to perform or attempt to perform human 

2 cloning; 

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

4 human cloning; or 

5 ‘‘(3) to ship or receive for any purpose an em6 bryo produced by human cloning or any product de7 rived from such embryo. 

8 ‘‘(c) IMPORTATION.—It shall be unlawful for any per9 son or entity, public or private, knowingly to import for 

10 any purpose an embryo produced by human cloning. 

11 ‘‘(d) PENALTIES.—

12 ‘‘(1) CRIMINAL PENALTY.—Any person or enti13 ty that violates this section shall be fined or impris14 oned for not more than 10 years, or both. 

15 ‘‘(2) CIVIL PENALTY.—Any person or entity 

16 that violates any provision of this section shall be 

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

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

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

20 equal to the amount of the gross gain multiplied by 

21 2, if that amount is greater than $1,000,000. 

22 ‘‘(e) SCIENTIFIC RESEARCH.—Nothing in this section 

23 restricts areas of scientific research not specifically prohib24 ited by this section, including research in the use of nu25 clear transfer or other cloning techniques to produce mol-
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1 ecules, DNA, cells other than human embryos, tissues, or2 gans, plants, or animals other than humans.’’. 

3 SEC. 3. STUDY BY GENERAL ACCOUNTING OFFICE. 

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

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

6 amendment of the prohibition on human cloning, as de7 fined in section 498D(a) of the Public Health Service Act, 

8 as added by this Act, which study should include—

9 (1) a discussion of new developments in medical 

10 technology concerning human cloning and somatic 

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

12 cell nuclear transfer to produce medical advances, 

13 current public attitudes and prevailing ethical views 

14 concerning the use of somatic cell nuclear transfer, 

15 and potential legal implications of research in so16 matic cell nuclear transfer; and 

17 (2) a review of any technological developments 

18 that may require that technical changes be made to 

19 section 498D of the Public Health Service Act. 

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

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

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

23 and conclusions of its study, together with recommenda-
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1 tions for any legislation or administrative actions which 

2 it considers appropriate.

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