Summary: S.1602 — 105th Congress (1997-1998)All Information (Except Text)

There is one summary for S.1602. Bill summaries are authored by CRS.

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Introduced in Senate (02/03/1998)

Prohibition on Cloning of Human Beings Act of 1998 - Amends the Public Health Service Act to make it unlawful for any person or other legal entity to: (1) implant or attempt to implant the product of somatic cell nuclear transfer into a woman's uterus; (2) ship the product of somatic cell nuclear transfer in interstate or foreign commerce for the purpose of implanting such product into a woman's uterus, in the United States or elsewhere; or (3) use funds made available under this Act, or any other Act, for an activity prohibited by this Act. Prohibits construing any provision of this Act so as to restrict areas of biomedical and agricultural research or practices not expressly prohibited by this Act, including research or practices involving the use of: (1) somatic cell nuclear transfer or other cloning technologies to clone molecules, DNA, cells, and tissues; (2) mitochondrial, cytoplasmic or gene therapy; or (3) somatic cell nuclear transfer techniques to create nonhuman animals.

Requires the National Bioethics Advisory Commission to submit a report to the President and the Congress concerning: (1) the state of the science of cloning and relevant developments in cell biology; (2) the ethical and social issues associated with the potential use of this technology in humans; and (3) the advisability of continuing the prohibition. Permits the Commission to produce additional reports if such reports are useful to clarify any of the topics described, address changes in the state of science or society, or modify or clarify the Commission's recommendations. Authorizes the continuation of the Commission for a ten-year period.

Sets forth, with respect to violations of the cloning prohibition, requirements for: (1) civil penalties; (2) civil actions; and (3) the forfeiture of certain property.

Requires the Attorney General to: (1) have exclusive, nondelegable enforcement authority under this Act; and (2) upon request, render binding advisory opinions regarding the scope and enforcement of this Act with respect to specific research projects or practices.

Expresses the sense of the Congress that the President should cooperate with foreign countries to enforce mutually supported restrictions on the activities prohibited.

Prohibits construing any provision of this Act so as to give any individual or person a private right of action.

Provides for the preemption of any State or local law that prohibits or restricts research regarding, or practices constituting, somatic cell nuclear transfer, mitochondrial or cytoplasmic therapy, or the cloning of molecules, DNA, cells, tissues, organs, plants, animals, or humans.