Human Cloning Prohibition Act of 2003

Human Cloning Prohibition Act of 2003 - Prohibits any person or entity, in or affecting interstate commerce, from knowingly: (1) performing or attempting to perform human cloning; (2) participating in such an attempt; (3) shipping or receiving an embryo produced by human cloning; or (4) importing such an embryo.

Sets forth criminal and civil penalties.

Provides that nothing in this Act restricts areas of scientific research not specifically prohibited above, 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.

Directs the General Accounting Office to assess the need for amendment of such prohibition, including through: (1) a discussion of new developments, the need for somatic cell transfer to produce medical advances, current public attitudes and prevailing ethical views concerning its use, and potential legal implications of somatic cell transfer research; and (2) a review of any technological developments that may require technical changes to such prohibition.

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 234 Introduced in House (IH)]







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

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Human Cloning Prohibition 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.
``Sec. 301. Definitions
    ``In this chapter:
            ``(1) Human cloning.--The term `human cloning' means human 
        asexual reproduction, accomplished 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 organism (at any stage 
        of development) that is genetically virtually identical to an 
        existing or previously existing human organism.
            ``(2) Asexual reproduction.--The term `asexual 
        reproduction' means reproduction not initiated by the union of 
        oocyte and sperm.
            ``(3) Somatic cell.--The term `somatic cell' means a 
        diploid cell (having a complete set of chromosomes) obtained or 
        derived from a living or deceased human body at any stage of 
        development.
``Sec. 302. Prohibition on human cloning
    ``(a) In General.--It shall be unlawful for any person 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 embryo produced 
        by human cloning.
    ``(b) Importation.--It shall be unlawful for any person or entity, 
public or private, knowingly to import for any purpose an embryo 
produced by human cloning.
    ``(c) Penalties.--
            ``(1) Criminal penalty.--Any person or entity 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 section 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 following:

``16. Human Cloning.........................................     301''.

SEC. 3. STUDY BY GENERAL ACCOUNTING OFFICE.

    (a) In General.--The General Accounting Office shall conduct a 
study to assess the need (if any) for amendment of the prohibition on 
human cloning, as defined 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 
        somatic 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 4 years after the date of enactment of this Act, a 
report containing the findings and conclusions of its study, together 
with recommendations for any legislation or administrative actions 
which it considers appropriate.
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