Human Cloning Prohibition Act of 1998

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.