SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Human Cloning Prohi-
bition 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.
‘‘301. Definitions.
‘‘302. Prohibition on human cloning.
‘‘§ 301. Definitions
‘‘In this chapter:
‘‘(1) HUMAN
CLONING.—The term ‘human
cloning’ means human asexual reproduction, accom-
plished 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 or-
ganism (at any stage of development) that is geneti-
cally virtually identical to an existing or previously
existing human organism.
‘‘(2) ASEXUAL
REPRODUCTION.—The term
‘asexual reproduction’ means reproduction not initi-
ated by the union of oocyte and sperm.
‘‘(3) SOMATIC CELL.—The term ‘somatic cell’
means a diploid cell (having a complete set of chro-
mosomes) obtained or derived from a living or de-
ceased human body at any stage of development.
‘‘§ 302. Prohibition on human cloning
‘‘(a) IN GENERAL.—It shall be unlawful for any per-
son 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 em-
bryo produced by human cloning or any product de-
rived from such embryo.
‘‘(b) IMPORTATION.—It shall be unlawful for any per-
son or entity, public or private, knowingly to import for
any purpose an embryo produced by human cloning or any
product derived from such embryo.
‘‘(c) PENALTIES.—
‘‘(1) CRIMINAL PENALTY.—Any person or enti-
ty 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 sec-
tion 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 fol-
lowing:
‘‘16. Human Cloning ..........................................................................
301’’.
SEC. 3. STUDY BY THE GENERAL ACCOUNTING OFFICE.
(a) IN GENERAL.—The General Accounting Office
after consultation with the National Academy of Sciences
shall conduct a study to assess the need (if any) for
amendment of the prohibition on human cloning, as de-
fined 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 so-
matic 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 2 years after the date
of enactment of this Act, a report containing the findings
and conclusions of its study, together with recommenda-
tions for any legislation or administrative actions which
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.