text: 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.
target: 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.
feat_title: Human Cloning Prohibition Act of 1998