What This Bill Does
This bill makes it illegal to create certain combinations of human and animal material. The law adds new criminal penalties for people who knowingly create, transfer or transport these prohibited combinations.
Who It Affects
Any person who creates, transfers or transports prohibited human-animal chimeras (a living organism combining human and animal material) in ways that affect interstate commerce (business or activity crossing state lines).
Key Provisions
• It is unlawful for any person to knowingly create or attempt to create a prohibited human-animal chimera (Sec. 2, §1132(a)(1))
• It is unlawful to transfer or attempt to transfer a human embryo into a nonhuman womb or a nonhuman embryo into a human womb (Sec. 2, §1132(a)(2) and (3))
• It is unlawful to transport or receive a prohibited human-animal chimera for any purpose (Sec. 2, §1132(a)(4))
• Violators face criminal penalties of a fine, imprisonment for not more than 10 years, or both (Sec. 2, §1132(b)(1))
• Violators face a civil fine of at least $1,000,000 or twice the amount of any money gained, whichever is greater (Sec. 2, §1132(b)(2))
What Changes
Federal law adds a new criminal prohibition against creating nine specific types of human-animal combinations. Research using transgenic animal models (animals containing human genes) and transplanting human organs or tissues into animals remain legal if they don't violate the new restrictions.
Important Definitions
• Human embryo: An organism of the species Homo sapiens during the earliest stages of development, from one cell up to eight weeks after conception (Sec. 2, §1131(1))
• Prohibited human-animal chimera: Nine specific types of organisms combining human and nonhuman material, including: a human embryo with nonhuman cells introduced; embryos made by mixing human and nonhuman eggs or sperm; embryos containing chromosomes from both human and nonhuman life forms; nonhuman animals engineered to develop human reproductive cells, contain a human brain, or display human facial features; and embryos made by mixing human and nonhuman cells that result in any of these conditions (Sec. 2, §1131(2))
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 751
To amend title 18, United States Code, to prohibit certain types of human-
animal chimeras.
IN THE SENATE OF THE UNITED STATES
MARCH 9, 2023
Mr. BRAUN (for himself and Mr. LANKFORD) 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 certain
types of human-animal chimeras.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Human-Animal Chi-
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mera Prohibition Act of 2023’’.
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SEC. 2. PROHIBITION ON CERTAIN HUMAN-ANIMAL CHI-
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MERAS.
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Part I of title 18, United States Code, is amended
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by inserting after chapter 51 the following:
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•S 751 IS
‘‘CHAPTER 52—CERTAIN TYPES OF
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HUMAN-ANIMAL CHIMERAS PROHIBITED
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‘‘Sec.
‘‘1131. Definitions.
‘‘1132. Prohibition on human-animal chimeras.
‘‘§ 1131. Definitions
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‘‘In this chapter:
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‘‘(1) HUMAN EMBRYO.—The term ‘human em-
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bryo’ means an organism of the species Homo sapi-
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ens during the earliest stages of development, from
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1 cell up to 8 weeks after conception.
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‘‘(2) PROHIBITED HUMAN-ANIMAL CHIMERA.—
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The
term
‘prohibited
human-animal
chimera’
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means—
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‘‘(A) a human embryo into which a
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nonhuman cell or cells (or the component parts
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thereof) have been introduced to render the em-
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bryo’s membership in the species Homo sapiens
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uncertain;
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‘‘(B) a human-animal embryo produced by
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fertilizing a human egg with nonhuman sperm;
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‘‘(C) a human-animal embryo produced by
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fertilizing a nonhuman egg with human sperm;
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‘‘(D) an embryo produced by introducing a
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nonhuman nucleus into a human egg;
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‘‘(E) an embryo produced by introducing a
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human nucleus into a nonhuman egg;
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•S 751 IS
‘‘(F) an embryo containing at least haploid
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sets of chromosomes from both a human and a
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nonhuman life form;
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‘‘(G) a nonhuman life form engineered
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such that human gametes develop within the
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body of a nonhuman life form;
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‘‘(H) a nonhuman life form engineered
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such that it contains a human brain or a brain
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derived wholly or predominantly from human
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neural tissues;
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‘‘(I) a nonhuman life form engineered such
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that it exhibits human facial features or other
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bodily morphologies to resemble human fea-
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tures; or
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‘‘(J) an embryo produced by mixing
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human and nonhuman cells, such that—
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‘‘(i) human gametes develop within
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the body of the resultant organism;
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‘‘(ii) it contains a human brain or a
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brain derived wholly or predominantly from
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human neural tissues; or
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‘‘(iii) it exhibits human facial features
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or other bodily morphologies to resemble
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human features.
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•S 751 IS
‘‘§ 1132. Prohibition on certain human-animal chi-
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meras
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‘‘(a) IN GENERAL.—It shall be unlawful for any per-
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son to knowingly, in or otherwise affecting interstate com-
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merce—
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‘‘(1) create or attempt to create a prohibited
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human-animal chimera;
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‘‘(2) transfer or attempt to transfer a human
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embryo into a nonhuman womb;
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‘‘(3) transfer or attempt to transfer a non-
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human embryo into a human womb; or
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‘‘(4) transport or receive for any purpose a pro-
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hibited human-animal chimera.
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‘‘(b) PENALTIES.—
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‘‘(1) IN GENERAL.—Whoever violates subsection
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(a) shall be fined under this title, imprisoned for not
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more than 10 years, or both.
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‘‘(2) CIVIL
PENALTY.—Whoever violates sub-
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section (a) shall be subject to a civil fine of the
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greater of—
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‘‘(A) $1,000,000; or
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‘‘(B) the amount equal to twice the
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amount of the gross pecuniary gain, if any.
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‘‘(c) RULE OF CONSTRUCTION.—This section does
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not prohibit research involving the use of transgenic ani-
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mal models containing human genes or transplantation of
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•S 751 IS
human organs, tissues, or cells into recipient animals, if
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such activities are not prohibited under subsection (a).’’.
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SEC. 3. TECHNICAL AMENDMENT.
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The table of chapters for part I of title 18, United
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States Code, is amended by inserting after the item relat-
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ing to chapter 51 the following:
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‘‘52. Certain types of human-animal chimeras prohibited 1131.’’.
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