II

Calendar No. 304

105TH CONGRESS

2D SESSION S. 1601

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. LOTT (for himself, Mr. BOND, Mr. FRIST, Mr. GREGG, Mr. NICKLES,

Mrs. HUTCHISON, Mr. SHELBY, Mr. LUGAR, Mr. ABRAHAM, Mr. GRAMS,

Mr. HAGEL, and Mr. HUTCHINSON) introduced the following bill; which

was read the first time

FEBRUARY 4, 1998

Read the second time and placed on the calendar

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’’.
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1 SEC. 2. FINDING.

2 Congress finds that in order to prevent the creation

3 of a cloned human individual through human somatic cell

4 nuclear transfer technology, it is right and proper to pro5 hibit the creation of cloned human embryos that would

6 never have the opportunity for implantation and that

7 would therefore be created solely for research that would

8 ultimately lead to their destruction.

9 SEC. 3. PROHIBITION ON CLONING.

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

11 amended by inserting after chapter 15, the following:

12 ‘‘CHAPTER 16—CLONING

‘‘Sec.

‘‘301. Prohibition on cloning.

13 ‘‘§ 301. Prohibition on cloning

14 ‘‘(a) IN GENERAL.—It shall be unlawful for any per15 son or entity, public or private, in or affecting interstate

16 commerce, to use human somatic cell nuclear transfer

17 technology.

18 ‘‘(b) IMPORTATION.—It shall be unlawful for any per19 son or entity, public or private, to import an embryo pro20 duced through human somatic cell nuclear transfer tech21 nology.

22 ‘‘(c) PENALTIES.—

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

24 convicted of violating any provision of this section
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1 shall be fined according to the provisions of this title

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

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

4 who is convicted of violating any provision of this

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

6 that involves the derivation of a pecuniary gain, a

7 civil penalty of not more than an amount equal to

8 the amount of the gross gain multiplied by 2.

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

10 nuclear transfer technology’ means taking the nuclear ma11 terial of a human somatic cell and incorporating it into

12 an oocyte from which the nucleus has been removed or

13 rendered inert and producing an embryo (including a

14 preimplantation embryo).’’.

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

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

17 inserting after the item relating to chapter 15, the follow18 ing:

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

19 SEC. 4. COMMISSION TO PROMOTE A NATIONAL DIALOGUE

20 ON BIOETHICS.

21 (a) ESTABLISHMENT.—There is established within

22 the Institute of Medicine a commission to be known as

23 the National Commission to Promote a National Dialogue

24 on Bioethics (referred to in this section as the ‘‘Commis25 sion’’).
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1 (b) MEMBERSHIP.—

2 (1) NUMBER AND APPOINTMENT.—The Com3 mission shall be composed of 25 members, of

4 whom—

5 (A) 6 shall be appointed by the Majority

6 Leader of the Senate;

7 (B) 6 shall be appointed by the Minority

8 Leader of the Senate;

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

10 the House of Representatives; and

11 (D) 6 shall be appointed by the Minority

12 Leader of the House of Representatives; and

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

14 of the Commission, to be appointed jointly by

15 the Majority Leader of the Senate, and the

16 Speaker of the House of Representatives, in

17 consultation with the Minority Leader of the

18 Senate and the Minority Leader of the House

19 of Representatives.

20 (2) REQUIREMENTS.—Each individual de21 scribed in subparagraph (A) through (D) of para22 graph (1) shall ensure that members appointed to

23 the Commission are representative of the fields of

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

25 and society.
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1 (3) DEADLINE FOR APPOINTMENT.—Members

2 of the Commission shall be appointed by not later

3 than December 1, 1998.

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

5 the Commission appointed under paragraph (1) shall

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

7 consecutive terms.

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

9 the call of its Chairperson or a majority of its mem10 bers.

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

12 members of the Commission.

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

14 shall be filled in the same manner in which the origi15 nal appointment was made not later than 30 days

16 after the Commission is given notice of the vacancy

17 and shall not affect the power of the remaining

18 members to execute the duties of the Commission.

19 (8) COMPENSATION.—Members of the Commis20 sion shall receive no additional pay, allowances, or

21 benefits by reason of their service on the Commis22 sion.

23 (9) EXPENSES.—Each member of the Commis24 sion shall receive travel expenses and per diem in
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1 lieu of subsistence in accordance with sections 5702

2 and 5703 of title 5, United States Code.

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

4 shall provide an independent forum for broad public par5 ticipation and discourse concerning important bioethical

6 issues including cloning, and provide for a report to Con7 gress concerning the findings, conclusions, and rec8 ommendations of the Commission concerning Federal pol9 icy and possible Congressional action.

10 (d) STAFF AND SUPPORT SERVICES.—

11 (1) STAFF.—With the approval of the Commis12 sion, the chairperson of the Commission may ap13 point such personnel as the chairperson considers

14 appropriate.

15 (2) APPLICABILITY OF CIVIL SERVICE LAWS.—

16 The staff of the Commission shall be appointed with17 out regard to the provisions of title 5, United States

18 Code, governing appointments in the competitive

19 service, and shall be paid without regard to the pro20 visions of chapter 51 and subchapter III of chapter

21 53 of such title (relating to classification and Gen22 eral Schedule pay rates).

23 (3) EXPERTS AND CONSULTANTS.—With the

24 approval of the Commission, the chairperson may
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1 procure temporary and intermittent services under

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

3 (4) PHYSICAL FACILITIES.—The Administrator

4 of the General Services Administration shall locate

5 suitable office space for the operation of the Com6 mission. The facilities shall serve as the head7 quarters of the Commission and shall include all

8 necessary equipment and incidentals required for the

9 proper functioning of the Commission.

10 (e) POWERS OF COMMISSION.—

11 (1) HEARINGS AND OTHER ACTIVITIES.—For

12 the purpose of carrying out its duties, the Commis13 sion may hold such public hearings and undertake

14 such other activities as the Commission determines

15 to be necessary to carry out its duties.

16 (2) DETAIL OF FEDERAL EMPLOYEES.—Upon

17 the request of the Commission, the head of any Fed18 eral agency is authorized to detail, without reim19 bursement, any of the personnel of such agency to

20 the Commission to assist the Commission in carry21 ing out its duties. Any such detail shall not interrupt

22 or otherwise affect the civil service status or privi23 leges of the Federal employee.

24 (3) TECHNICAL ASSISTANCE.—Upon the re25 quest of the Commission, the head of a Federal
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1 agency shall provide such technical assistance to the

2 Commission as the Commission determines to be

3 necessary to carry out its duties.

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

5 the United States mails in the same manner and

6 under the same conditions as Federal agencies and

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

8 commission of Congress as described in section 3215

9 of title 39, United States Code.

10 (5) OBTAINING INFORMATION.—The Commis11 sion may secure directly from any Federal agency

12 information necessary to enable it to carry out its

13 duties, if the information may be disclosed under

14 section 552 of title 5, United States Code. Upon re15 quest of the Chairperson of the Commission, the

16 head of such agency shall furnish such information

17 to the Commission.

18 (6) ADMINISTRATIVE SUPPORT SERVICES.—

19 Upon the request of the Commission, the Adminis20 trator of General Services shall provide to the Com21 mission on a reimbursable basis such administrative

22 support services as the Commission may request.

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

24 to printing and binding, including the cost of per25 sonnel detailed from the Government Printing Of-
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1 fice, the Commission shall be deemed to be a com2 mittee of the Congress.

3 (f) SUBCOMMITTEES.—

4 (1) IN GENERAL.—The Commission shall estab5 lish 6 subcommittees, including—

6 (A) a subcommittee on legal issues;

7 (B) a subcommittee on theological issues;

8 (C) a subcommittee on philosophical and

9 ethical issues;

10 (D) a subcommittee on medical issues;

11 (E) a subcommittee on scientific issues;

12 and

13 (F) a subcommittee on social issues.

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

15 for which each subcommittee has been established,

16 each subcommittee shall be composed of—

17 (A) 1 expert to be appointed by the mem18 bers of the Committee who were appointed

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

20 (b)(1);

21 (B) 1 expert to be appointed by the mem22 bers of the Committee who were appointed

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

24 (b)(1);
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1 (C) 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 (A) and (C) of subsection

6 (b)(1);

7 (D) 1 individual operating in the private

8 sector who is acquainted with the issues but

9 who is not an expert to be appointed by the

10 members of the Committee who were appointed

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

12 (b)(1); and

13 (E) 4 members of the Commission with

14 relevant expertise.

15 (3) MEETINGS.—Meetings of the subcommittees

16 shall be approved by the Commission.

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

18 and annually thereafter, the Commission shall prepare and

19 submit to the appropriate committees of Congress a report

20 which shall contain a detailed statement of the rec21 ommendations, findings, and conclusions of the Commis22 sion.

23 (h) AUTHORIZATION OF APPROPRIATIONS.—There

24 are authorized to be appropriated such sums as may be

25 necessary to carry out this section.
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1 SEC. 5. UNRESTRICTED SCIENTIFIC RESEARCH.

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

3 Act) shall be construed to restrict areas of scientific re4 search that are not specifically prohibited by this Act (or

5 amendments).

6 SEC. 6. SENSE OF CONGRESS.

7 It is the sense of Congress that the Federal Govern8 ment should advocate for and join an international effort

9 to prohibit the use of human somatic cell nuclear transfer

10 technology to produce a human embryo.
Calendar No. 304

105TH CONGRESS

2D SESSION S. 1601

A BILL

To amend title 18, United States Code, to prohibit

nology for purposes of human cloning.the use of somatic cell nuclear transfer techFEBRUARY 4, 1998

Read the second time and placed on the calendar