108TH CONGRESS

1ST SESSION H. R. 534

AN ACT

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,
2

•HR 534 EH

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Human Cloning Prohi3 bition Act of 2003’’.

4 SEC. 2. PROHIBITION ON HUMAN CLONING.

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

6 amended by inserting after chapter 15, the following:

7 ‘‘CHAPTER 16—HUMAN CLONING

‘‘Sec.

‘‘301. Definitions.

‘‘302. Prohibition on human cloning.

8 ‘‘§ 301. Definitions

9 ‘‘In this chapter:

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

11 cloning’ means human asexual reproduction, accom12 plished by introducing nuclear material from one or

13 more human somatic cells into a fertilized or

14 unfertilized oocyte whose nuclear material has been

15 removed or inactivated so as to produce a living or16 ganism (at any stage of development) that is geneti17 cally virtually identical to an existing or previously

18 existing human organism.

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

20 ‘asexual reproduction’ means reproduction not initi21 ated by the union of oocyte and sperm.

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

23 means a diploid cell (having a complete set of chro-
3

•HR 534 EH

1 mosomes) obtained or derived from a living or de2 ceased human body at any stage of development.

3 ‘‘§ 302. Prohibition on human cloning

4 ‘‘(a) IN GENERAL.—It shall be unlawful for any per5 son or entity, public or private, in or affecting interstate

6 commerce, knowingly—

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

8 cloning;

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

10 human cloning; or

11 ‘‘(3) to ship or receive for any purpose an em12 bryo produced by human cloning or any product de13 rived from such embryo.

14 ‘‘(b) IMPORTATION.—It shall be unlawful for any per15 son or entity, public or private, knowingly to import for

16 any purpose an embryo produced by human cloning or any

17 product derived from such embryo.

18 ‘‘(c) PENALTIES.—

19 ‘‘(1) CRIMINAL PENALTY.—Any person or enti20 ty that violates this section shall be fined under this

21 title or imprisoned not more than 10 years, or both.

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

23 that violates any provision of this section shall be

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

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

•HR 534 EH

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

2 equal to the amount of the gross gain multiplied by

3 2, if that amount is greater than $1,000,000.

4 ‘‘(d) SCIENTIFIC RESEARCH.—Nothing in this sec5 tion restricts areas of scientific research not specifically

6 prohibited by this section, including research in the use

7 of nuclear transfer or other cloning techniques to produce

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

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

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

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

12 inserting after the item relating to chapter 15 the fol13 lowing:

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

14 SEC. 3. STUDY BY THE GENERAL ACCOUNTING OFFICE.

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

16 after consultation with the National Academy of Sciences

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

18 amendment of the prohibition on human cloning, as de19 fined in section 301 of title 18, United States Code, as

20 added by this Act, which study should include—

21 (1) a discussion of new developments in medical

22 technology concerning human cloning and somatic

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

24 cell nuclear transfer to produce medical advances,

25 current public attitudes and prevailing ethical views
5

•HR 534 EH

1 concerning the use of somatic cell nuclear transfer,

2 and potential legal implications of research in so3 matic cell nuclear transfer; and

4 (2) a review of any technological developments

5 that may require that technical changes be made to

6 section 2 of this Act.

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

8 transmit to the Congress, within 2 years after the date

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

10 and conclusions of its study, together with recommenda11 tions for any legislation or administrative actions which

12 in considers appropriate.

Passed the House of Representatives February 27,

2003.

Attest:

Clerk.

108TH CONGRESS

1ST SESSION H. R. 534

AN ACT

To amend title 18, United States Code, to prohibit

human cloning.