article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Human Cloning Prohibition Act of 1998''. SEC. 2. FINDING. Congress finds that in order to prevent the creation of a cloned human individual through human somatic cell nuclear transfer technology, it is right and proper to prohibit the creation of cloned human embryos that would never have the opportunity for implantation and that would therefore be created solely for research that would ultimately lead to their destruction. SEC. 3. PROHIBITION ON CLONING. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 15, the following: ``CHAPTER 16--CLONING ``Sec. ``301. Prohibition on cloning. ``Sec. 301 Prohibition on cloning ``(a) In General.--It shall be unlawful for any person or entity, public or private, in or affecting interstate commerce, to use human somatic cell nuclear transfer technology. ``(b) Importation.--It shall be unlawful for any person or entity, public or private, to import an embryo produced through human somatic cell nuclear transfer technology. ``(c) Penalties.-- ``(1) In general.--Any person or entity who is convicted of violating any provision of this section shall be fined according to the provisions of this title or sentenced to up to 10 years in prison, or both. ``(2) Civil penalty.--Any person or entity who is convicted of violating 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 more than an amount equal to the amount of the gross gain multiplied by 2. ``(d) Definition.--The term `human somatic cell nuclear transfer technology' means taking the nuclear material of a human somatic cell and incorporating it into an oocyte from which the nucleus has been removed or rendered inert and producing an embryo (including a preimplantation embryo).''. (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. Cloning Sec. 301''.................................... SEC. 4. COMMISSION TO PROMOTE A NATIONAL DIALOGUE ON BIOETHICS. (a) Establishment.--There is established within the Institute of Medicine a commission to be known as the National Commission to Promote a National Dialogue on Bioethics (referred to in this section as the ``Commission''). (b) Membership.-- (1) Number and appointment.--The Commission shall be composed of 25 members, of whom-- (A) 6 shall be appointed by the Majority Leader of the Senate; (B) 6 shall be appointed by the Minority Leader of the Senate; (C) 6 shall be appointed by the Speaker of the House of Representatives; and (D) 6 shall be appointed by the Minority Leader of the House of Representatives; and (E) 1, who shall serve as the Chairperson of the Commission, to be appointed jointly by the Majority Leader of the Senate, and the Speaker of the House of Representatives, in consultation with the Minority Leader of the Senate and the Minority Leader of the House of Representatives. (2) Requirements.--Each individual described in subparagraph (A) through (D) of paragraph (1) shall ensure that members appointed to the Commission are representative of the fields of law, theology, philosophy or ethics, medicine, science, and society. (3) Deadline for appointment.--Members of the Commission shall be appointed by not later than December 1, 1998. (4) Terms of appointment.--A member of the Commission appointed under paragraph (1) shall serve for a term of 3 years. Members may not serve consecutive terms. (5) Meetings.--The Commission shall meet at the call of its Chairperson or a majority of its members. (6) Quorum.--A quorum shall consist of 13 members of the Commission. (7) Vacancies.--A vacancy on the Commission shall be filled in the same manner in which the original appointment was made not later than 30 days after the Commission is given notice of the vacancy and shall not affect the power of the remaining members to execute the duties of the Commission. (8) Compensation.--Members of the Commission shall receive no additional pay, allowances, or benefits by reason of their service on the Commission. (9) Expenses.--Each member of the Commission shall receive travel expenses and per diem in lieu of subsistence in accordance with sections 5702 and 5703 of title 5, United States Code. (c) Duties of the Commission.--The Commission shall provide an independent forum for broad public participation and discourse concerning important bioethical issues including cloning, and provide for a report to Congress concerning the findings, conclusions, and recommendations of the Commission concerning Federal policy and possible Congressional action. (d) Staff and Support Services.-- (1) Staff.--With the approval of the Commission, the chairperson of the Commission may appoint such personnel as the chairperson considers appropriate. (2) Applicability of civil service laws.--The staff of the Commission shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title (relating to classification and General Schedule pay rates). (3) Experts and consultants.--With the approval of the Commission, the chairperson may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (4) Physical facilities.--The Administrator of the General Services Administration shall locate suitable office space for the operation of the Commission. The facilities shall serve as the headquarters of the Commission and shall include all necessary equipment and incidentals required for the proper functioning of the Commission. (e) Powers of Commission.-- (1) Hearings and other activities.--For the purpose of carrying out its duties, the Commission may hold such public hearings and undertake such other activities as the Commission determines to be necessary to carry out its duties. (2) Detail of federal employees.--Upon the request of the Commission, the head of any Federal agency is authorized to detail, without reimbursement, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. (3) Technical assistance.--Upon the request of the Commission, the head of a Federal agency shall provide such technical assistance to the Commission as the Commission determines to be necessary to carry out its duties. (4) Use of mails.--The Commission may use the United States mails in the same manner and under the same conditions as Federal agencies and shall, for purposes of the frank, be considered a commission of Congress as described in section 3215 of title 39, United States Code. (5) Obtaining information.--The Commission may secure directly from any Federal agency information necessary to enable it to carry out its duties, if the information may be disclosed under section 552 of title 5, United States Code. Upon request of the Chairperson of the Commission, the head of such agency shall furnish such information to the Commission. (6) Administrative support services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. (7) Printing.--For purposes of costs relating to printing and binding, including the cost of personnel detailed from the Government Printing Office, the Commission shall be deemed to be a committee of the Congress. (f) Subcommittees.-- (1) In general.--The Commission shall establish 6 subcommittees, including-- (A) a subcommittee on legal issues; (B) a subcommittee on theological issues; (C) a subcommittee on philosophical and ethical issues; (D) a subcommittee on medical issues; (E) a subcommittee on scientific issues; and (F) a subcommittee on social issues. (2) Membership.--With respect to the issues for which each subcommittee has been established, each subcommittee shall be composed of-- (A) 1 expert to be appointed by the members of the Committee who were appointed under subparagraphs (A) and (C) of subsection (b)(1); (B) 1 expert to be appointed by the members of the Committee who were appointed under subparagraphs (B) and (D) of subsection (b)(1); (C) 1 individual operating in the private sector who is acquainted with the issues but who is not an expert to be appointed by the members of the Committee who were appointed under subparagraphs (A) and (C) of subsection (b)(1); (D) 1 individual operating in the private sector who is acquainted with the issues but who is not an expert to be appointed by the members of the Committee who were appointed under subparagraphs (B) and (D) of subsection (b)(1); and (E) 4 members of the Commission with relevant expertise. (3) Meetings.--Meetings of the subcommittees shall be approved by the Commission. (g) Report.--Not later than December 31, 1999, and annually thereafter, the Commission shall prepare and submit to the appropriate committees of Congress a report which shall contain a detailed statement of the recommendations, findings, and conclusions of the Commission. (h) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 5. UNRESTRICTED SCIENTIFIC RESEARCH. Nothing in this Act (or an amendment made by this Act) shall be construed to restrict areas of scientific research that are not specifically prohibited by this Act (or amendments). SEC. 6. SENSE OF CONGRESS. It is the sense of Congress that the Federal Government should advocate for and join an international effort to prohibit the use of human somatic cell nuclear transfer technology to produce a human embryo.
summary: Human Cloning Prohibition Act of 1998 - Amends the Federal criminal code to prohibit any person or entity: (1) in or affecting interstate commerce, from using human somatic cell nuclear transfer technology; and (2) from importing an embryo produced through such technology. Sets penalties for violations of this Act of: (1) up to ten years in prison, a fine, or both; and (2) not more than twice the amount of any gross pecuniary gain derived from such violation. Establishes within the Institute of Medicine the National Commission to Promote a National Dialogue on Bioethics. Directs the Commission to provide an independent forum for broad public participation and discourse concerning important bioethical issues, including cloning. Sets forth reporting requirements. Authorizes appropriations. Expresses the sense of the Congress that the Federal Government should advocate and join an international effort to prohibit the use of human somatic cell nuclear transfer technology to produce a human embryo.