[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1899 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 1899

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 28, 2002

   Mr. Brownback (for himself, Mr. Gregg, Mr. Bennett, Mr. Bond, Mr. 
Bunning, Mr. DeWine, Mr. Ensign, Mr. Helms, Mr. Hutchinson, Mr. Inhofe, 
   Mr. Kyl, Mr. Santorum, Mr. Sessions, Mr. Shelby, Mr. Smith of New 
Hampshire, Mr. Voinovich, and Mr. Hagel) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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 
2001''.

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 or any product derived from such embryo.
    ``(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, or any product derived from such embryo.
    ``(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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