[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2560 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2560

  To amend the Federal Food, Drug, and Cosmetic Act to prohibit human 
                    cloning, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 5, 2007

Ms. DeGette (for herself, Mr. Murphy of Connecticut, Mr. Langevin, Mr. 
Space, Mrs. Boyda of Kansas, and Mr. Carnahan) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To amend the Federal Food, Drug, and Cosmetic Act to prohibit human 
                    cloning, and for other purposes.

    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 
2007''.

SEC. 2. PROHIBITION AGAINST HUMAN CLONING.

    (a) In General.--The Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 301 et seq.) is amended by adding at the end the following:

                       ``CHAPTER X--HUMAN CLONING

                  ``prohibition against human cloning

    ``Sec. 1001.  (a) In General.--It shall be unlawful for any 
person--
            ``(1) to perform or attempt to perform human cloning; or
            ``(2) to ship, mail, transport, or receive the product of 
        human somatic cell nuclear transfer technology knowing that 
        such product is for the purpose of human cloning.
    ``(b) Definitions.--For purposes of this section:
            ``(1) The term `human cloning' means the implantation of 
        the product of human somatic cell nuclear transfer technology 
        into a uterus or the functional equivalent of a uterus.
            ``(2) The term `human somatic cell nuclear transfer 
        technology' means transferring the nuclear material of a human 
        somatic cell into an egg cell from which the nuclear material 
        has been removed or rendered inert.
            ``(3) The term `person' includes a governmental entity.''.
    (b) Prohibited Acts.--
            (1) In general.--Section 301 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 331) is amended by adding at the end 
        the following:
    ``(jj) The violation of section 1001(a).''.
            (2) Criminal penalty.--Section 303(b) of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 333(b)) is amended by adding 
        at the end the following:
    ``(7) Notwithstanding subsection (a), any person who violates 
section 301(jj) shall be imprisoned not more than 10 years or fined in 
accordance with title 18, United States Code, or both.''.
            (3) Civil penalties.--Section 303 of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 333) is amended--
                    (A) by redesignating subsection (g) as subsection 
                (f); and
                    (B) by adding at the end the following:
    ``(g)(1) Any person who violates section 301(jj) shall be liable to 
the United States for a civil penalty in an amount not to exceed the 
greater of--
            ``(A) $10,000,000; or
            ``(B) an amount equal to the amount of any gross pecuniary 
        gain derived from such violation multiplied by 2.
    ``(2) Paragraphs (3) through (5) of subsection (f) apply with 
respect to a civil penalty under this subsection to the same extent and 
in the same manner as such paragraphs (3) through (5) apply with 
respect to a civil penalty under subsection (f).''.
            (4) Forfeiture.--Section 303 of the Federal Food, Drug, and 
        Cosmetic Act, as amended by paragraph (3), is amended by adding 
        at the end the following:
    ``(h) Any property, real or personal, derived from or used to 
commit a violation of section 301(jj), or any property traceable to 
such property, shall be subject to forfeiture to the United States.''.
                                 <all>