II

105TH CONGRESS

2D SESSION S. 1599

To amend title 18, United States Code, to prohibit the use of somatic

cell nuclear transfer technology for purposes of human cloning.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 3, 1998

Mr. BOND (for himself, Mr. FRIST, Mr. GREGG, Mr. LOTT, Mrs. HUTCHISON,

Mr. SHELBY, Mr. NICKLES, Mr. LUGAR, Mr. ABRAHAM, Mr. GRAMS, 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 the use

of somatic cell nuclear transfer technology for purposes

of human cloning.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Human Cloning Prohi5 bition Act of 1998’’.

6 SEC. 2. FINDING.

7 Congress finds that in order to prevent the creation

8 of a cloned human individual through human somatic cell

9 nuclear transfer technology, it is right and proper to pro-
2

•S 1599 IS

1 hibit the creation of cloned human embryos that would

2 never have the opportunity for implantation and that

3 would therefore be created solely for research that would

4 ultimately lead to their destruction.

5 SEC. 3. PROHIBITION ON CLONING.

6 (a) IN GENERAL.—Title 18, United States Code, is

7 amended by inserting after chapter 15, the following:

8 ‘‘CHAPTER 16—CLONING

‘‘Sec.

‘‘301. Prohibition on cloning.

9 ‘‘§ 301 Prohibition on cloning

10 ‘‘(a) IN GENERAL.—It shall be unlawful for any per11 son or entity, public or private, in or affecting interstate

12 commerce, to use human somatic cell nuclear transfer

13 technology.

14 ‘‘(b) IMPORTATION.—It shall be unlawful for any per15 son or entity, public or private, to import an embryo pro16 duced through human somatic cell nuclear transfer tech17 nology.

18 ‘‘(c) PENALTIES.—

19 ‘‘(1) IN GENERAL.—Any person or entity who is

20 convicted of violating any provision of this section

21 shall be fined according to the provisions of this title

22 or sentenced to up to 10 years in prison, or both.

23 ‘‘(2) CIVIL PENALTY.—Any person or entity

24 who is convicted of violating any provision of this
3

•S 1599 IS

1 section shall be subject to, in the case of a violation

2 that involves the derivation of a pecuniary gain, a

3 civil penalty of not more than an amount equal to

4 the amount of the gross gain multiplied by 2.

5 ‘‘(d) DEFINITION.—The term ‘human somatic cell

6 nuclear transfer technology’ means taking the nuclear ma7 terial of a human somatic cell and incorporating it into

8 an oocyte from which the nucleus has been removed or

9 rendered inert and producing an embryo (including a

10 preimplantation embryo).’’.

11 (b) CLERICAL AMENDMENT.—The table of chapters

12 for part I of title 18, United States Code, is amended by

13 inserting after the item relating to chapter 15, the follow14 ing:

‘‘16. Cloning § 301’’. .................................................................................

15 SEC. 4. COMMISSION TO PROMOTE A NATIONAL DIALOGUE

16 ON BIOETHICS.

17 (a) ESTABLISHMENT.—There is established within

18 the Institute of Medicine a commission to be known as

19 the National Commission to Promote a National Dialogue

20 on Bioethics (referred to in this section as the ‘‘Commis21 sion’’).

22 (b) MEMBERSHIP.—

23 (1) NUMBER AND APPOINTMENT.—The Com24 mission shall be composed of 25 members, of

25 whom—
4

•S 1599 IS

1 (A) 6 shall be appointed by the Majority

2 Leader of the Senate;

3 (B) 6 shall be appointed by the Minority

4 Leader of the Senate;

5 (C) 6 shall be appointed by the Speaker of

6 the House of Representatives; and

7 (D) 6 shall be appointed by the Minority

8 Leader of the House of Representatives; and

9 (E) 1, who shall serve as the Chairperson

10 of the Commission, to be appointed jointly by

11 the Majority Leader of the Senate, and the

12 Speaker of the House of Representatives, in

13 consultation with the Minority Leader of the

14 Senate and the Minority Leader of the House

15 of Representatives.

16 (2) REQUIREMENTS.—Each individual de17 scribed in subparagraph (A) through (D) of para18 graph (1) shall ensure that members appointed to

19 the Commission are representative of the fields of

20 law, theology, philosophy or ethics, medicine, science,

21 and society.

22 (3) DEADLINE FOR APPOINTMENT.—Members

23 of the Commission shall be appointed by not later

24 than December 1, 1998.
5

•S 1599 IS

1 (4) TERMS OF APPOINTMENT.—A member of

2 the Commission appointed under paragraph (1) shall

3 serve for a term of 3 years. Members may not serve

4 consecutive terms.

5 (5) MEETINGS.—The Commission shall meet at

6 the call of its Chairperson or a majority of its mem7 bers.

8 (6) QUORUM.—A quorum shall consist of 13

9 members of the Commission.

10 (7) VACANCIES.—A vacancy on the Commission

11 shall be filled in the same manner in which the origi12 nal appointment was made not later than 30 days

13 after the Commission is given notice of the vacancy

14 and shall not affect the power of the remaining

15 members to execute the duties of the Commission.

16 (8) COMPENSATION.—Members of the Commis17 sion shall receive no additional pay, allowances, or

18 benefits by reason of their service on the Commis19 sion.

20 (9) EXPENSES.—Each member of the Commis21 sion shall receive travel expenses and per diem in

22 lieu of subsistence in accordance with sections 5702

23 and 5703 of title 5, United States Code.

24 (c) DUTIES OF THE COMMISSION.—The Commission

25 shall provide an independent forum for broad public par-
6

•S 1599 IS

1 ticipation and discourse concerning important bioethical

2 issues including cloning, and provide for a report to Con3 gress concerning the findings, conclusions, and rec4 ommendations of the Commission concerning Federal pol5 icy and possible Congressional action.

6 (d) STAFF AND SUPPORT SERVICES.—

7 (1) STAFF.—With the approval of the Commis8 sion, the chairperson of the Commission may ap9 point such personnel as the chairperson considers

10 appropriate.

11 (2) APPLICABILITY OF CIVIL SERVICE LAWS.—

12 The staff of the Commission shall be appointed with13 out regard to the provisions of title 5, United States

14 Code, governing appointments in the competitive

15 service, and shall be paid without regard to the pro16 visions of chapter 51 and subchapter III of chapter

17 53 of such title (relating to classification and Gen18 eral Schedule pay rates).

19 (3) EXPERTS AND CONSULTANTS.—With the

20 approval of the Commission, the chairperson may

21 procure temporary and intermittent services under

22 section 3109(b) of title 5, United States Code.

23 (4) PHYSICAL FACILITIES.—The Administrator

24 of the General Services Administration shall locate

25 suitable office space for the operation of the Com-
7

•S 1599 IS

1 mission. The facilities shall serve as the head2 quarters of the Commission and shall include all

3 necessary equipment and incidentals required for the

4 proper functioning of the Commission.

5 (e) POWERS OF COMMISSION.—

6 (1) HEARINGS AND OTHER ACTIVITIES.—For

7 the purpose of carrying out its duties, the Commis8 sion may hold such public hearings and undertake

9 such other activities as the Commission determines

10 to be necessary to carry out its duties.

11 (2) DETAIL OF FEDERAL EMPLOYEES.—Upon

12 the request of the Commission, the head of any Fed13 eral agency is authorized to detail, without reim14 bursement, any of the personnel of such agency to

15 the Commission to assist the Commission in carry16 ing out its duties. Any such detail shall not interrupt

17 or otherwise affect the civil service status or privi18 leges of the Federal employee.

19 (3) TECHNICAL ASSISTANCE.—Upon the re20 quest of the Commission, the head of a Federal

21 agency shall provide such technical assistance to the

22 Commission as the Commission determines to be

23 necessary to carry out its duties.

24 (4) USE OF MAILS.—The Commission may use

25 the United States mails in the same manner and
8

•S 1599 IS

1 under the same conditions as Federal agencies and

2 shall, for purposes of the frank, be considered a

3 commission of Congress as described in section 3215

4 of title 39, United States Code.

5 (5) OBTAINING INFORMATION.—The Commis6 sion may secure directly from any Federal agency

7 information necessary to enable it to carry out its

8 duties, if the information may be disclosed under

9 section 552 of title 5, United States Code. Upon re10 quest of the Chairperson of the Commission, the

11 head of such agency shall furnish such information

12 to the Commission.

13 (6) ADMINISTRATIVE SUPPORT SERVICES.—

14 Upon the request of the Commission, the Adminis15 trator of General Services shall provide to the Com16 mission on a reimbursable basis such administrative

17 support services as the Commission may request.

18 (7) PRINTING.—For purposes of costs relating

19 to printing and binding, including the cost of per20 sonnel detailed from the Government Printing Of21 fice, the Commission shall be deemed to be a com22 mittee of the Congress.

23 (f) SUBCOMMITTEES.—

24 (1) IN GENERAL.—The Commission shall estab25 lish 6 subcommittees, including—
9

•S 1599 IS

1 (A) a subcommittee on legal issues;

2 (B) a subcommittee on theological issues;

3 (C) a subcommittee on philosophical and

4 ethical issues;

5 (D) a subcommittee on medical issues;

6 (E) a subcommittee on scientific issues;

7 and

8 (F) a subcommittee on social issues.

9 (2) MEMBERSHIP.—With respect to the issues

10 for which each subcommittee has been established,

11 each subcommittee shall be composed of—

12 (A) 1 expert to be appointed by the mem13 bers of the Committee who were appointed

14 under subparagraphs (A) and (C) of subsection

15 (b)(1);

16 (B) 1 expert to be appointed by the mem17 bers of the Committee who were appointed

18 under subparagraphs (B) and (D) of subsection

19 (b)(1);

20 (C) 1 individual operating in the private

21 sector who is acquainted with the issues but

22 who is not an expert to be appointed by the

23 members of the Committee who were appointed

24 under subparagraphs (A) and (C) of subsection

25 (b)(1);
10

•S 1599 IS

1 (D) 1 individual operating in the private

2 sector who is acquainted with the issues but

3 who is not an expert to be appointed by the

4 members of the Committee who were appointed

5 under subparagraphs (B) and (D) of subsection

6 (b)(1); and

7 (E) 4 members of the Commission with

8 relevant expertise.

9 (3) MEETINGS.—Meetings of the subcommittees

10 shall be approved by the Commission.

11 (g) REPORT.—Not later than December 31, 1999,

12 and annually thereafter, the Commission shall prepare and

13 submit to the appropriate committees of Congress a report

14 which shall contain a detailed statement of the rec15 ommendations, findings, and conclusions of the Commis16 sion.

17 (h) AUTHORIZATION OF APPROPRIATIONS.—There

18 are authorized to be appropriated such sums as may be

19 necessary to carry out this section.

20 SEC. 5. UNRESTRICTED SCIENTIFIC RESEARCH.

21 Nothing in this Act (or an amendment made by this

22 Act) shall be construed to restrict areas of scientific re23 search that are not specifically prohibited by this Act (or

24 amendments).
11

•S 1599 IS

1 SEC. 6. SENSE OF CONGRESS.

2 It is the sense of Congress that the Federal Govern3 ment should advocate for and join an international effort

4 to prohibit the use of human somatic cell nuclear transfer

5 technology to produce a human embryo.

Æ