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Human Cloning: Must We Sacrifice Medical Research in the Name of a Total Ban?

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Human Cloning: Must We Sacrifice Medical Research in the Name of a Total Ban? S. HRG. 107–812 HUMAN CLONING: MUST WE SACRIFICE MEDICAL RESEARCH IN THE NAME OF A TOTAL BAN? HEARING BEFORE THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED SEVENTH CONGRESS SECOND SESSION FEBRUARY 5, 2002 Serial No. J–107–55 Printed for the use of the Committee on the Judiciary ( U.S. GOVERNMENT PRINTING OFFICE 83–684 PDF WASHINGTON : 2002 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate Feb 1 2002 09:13 Jan 16, 2003 Jkt 083684 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 C:\HEARINGS\83684.TXT SJUD4 PsN: CMORC COMMITTEE ON THE JUDICIARY PATRICK J. LEAHY, Vermont, Chairman EDWARD M. KENNEDY, Massachusetts ORRIN G. HATCH, Utah JOSEPH R. BIDEN, JR., Delaware STROM THURMOND, South Carolina HERBERT KOHL, Wisconsin CHARLES E. GRASSLEY, Iowa DIANNE FEINSTEIN, California ARLEN SPECTER, Pennsylvania RUSSELL D. FEINGOLD, Wisconsin JON KYL, Arizona CHARLES E. SCHUMER, New York MIKE DEWINE, Ohio RICHARD J. DURBIN, Illinois JEFF SESSIONS, Alabama MARIA CANTWELL, Washington SAM BROWNBACK, Kansas JOHN EDWARDS, North Carolina MITCH MCCONNELL, Kentucky BRUCE A. COHEN, Majority Chief Counsel and Staff Director SHARON PROST, Minority Chief Counsel MAKAN DELRAHIM, Minority Staff Director (II) VerDate Feb 1 2002 09:13 Jan 16, 2003 Jkt 083684 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 C:\HEARINGS\83684.TXT SJUD4 PsN: CMORC C O N T E N T S STATEMENTS OF COMMITTEE MEMBERS Page Brownback, Hon. Sam, a U.S. Senator from the State of Kansas ....................... 76 Cantwell, Hon. Maria, a U.S. Senator from the State of Washington ................ 77 Durbin, Hon. Richard J., a U.S. Senator from the State of Illinois .................... 85 Feinstein, Hon. Dianne, a U.S. Senator from the State of California ................. 1 Hatch, Hon. Orrin G., a U.S. Senator from the State of Utah ............................ 3 Kennedy, Hon. Edward M., a U.S. Senator from the State of Massachusetts ... 86 Leahy, Hon. Patrick J., a U.S. Senator from the State of Vermont .................... 86 Specter, Hon. Arlen, a U.S. Senator from the State of Pennsylvania ................. 15 WITNESSES Charo, R. Alta, Professor of Law and Medical Ethics, University of Wisconsin Law School, Madison, Wisconsin ........................................................................ 30 FitzGerald, Kevin, S.J., Georgetown University Medical Center, Washington, D.C. ........................................................................................................................ 44 Greely, Henry T., Professor of Law, and Director, Center for Law and the Biosciences, Stanford University, Stanford, California ..................................... 25 Greenwood, Hon. James C., a Representative in Congress from the State of Pennsylvania .................................................................................................... 12 Gulden, Kris, Coalition for the Advancement of Medical Research, Wash- ington, D.C. ........................................................................................................... 34 Kimbrell, Andrew, Executive Director, International Center for Technology Assessment, Washington, D.C. ........................................................................... 38 Weissman, Irving L., M.D., Chair, National Academies Panel on Scientific and Medical Aspects of Human Reproductive Cloning, and Professor, Stan- ford University School of Medicine, Stanford, California ................................. 20 Weldon, Hon. Dave, a Representative in Congress from the State of Florida .... 6 QUESTIONS AND ANSWERS Questions submitted by Senator Feinstein to the witnesses ............................... 65 Responses of Dr. Weissman to questions submitted by Senator Feinstein ........ 67 Responses of Mr. Greely to questions submitted by Senator Feinstein .............. 70 Responses of Ms. Charo to questions submitted by Senator Feinstein ............... 71 SUBMISSIONS FOR THE RECORD American Society for Cell Biology, Bethesda, Maryland, statement ................... 75 Citizens’ supporting legislation to prohibit cloning, joint statement .................. 79 CNN.com, article ...................................................................................................... 83 Coalition for the Advancement of Medical Research, Washington, D.C., state- ment ...................................................................................................................... 84 NewScientist.com, article ........................................................................................ 87 New York Times: editorial, January 19, 2002 .............................................................................. 88 Jack M. Balkin, article, January 30, 2002 ..................................................... 89 St. Louis Post-Dispatch, editorial, December 3, 2001 ........................................... 90 United Network for Organ Sharing, Richmond, Virginia, list ............................. 92 Verfaillie, Catherine, M.D., Professor of Medicine, and Director, Stem Cell Institute, University of Minnesota, Minneapolis, Minnesota ........................... 96 Washington Post, editorial, January 22, 2002 ...................................................... 96 (III) VerDate Feb 1 2002 09:13 Jan 16, 2003 Jkt 083684 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 C:\HEARINGS\83684.TXT SJUD4 PsN: CMORC VerDate Feb 1 2002 09:13 Jan 16, 2003 Jkt 083684 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 C:\HEARINGS\83684.TXT SJUD4 PsN: CMORC HUMAN CLONING: MUST WE SACRIFICE MED- ICAL RESEARCH IN THE NAME OF A TOTAL BAN? TUESDAY, FEBRUARY 5, 2002 U.S. SENATE, COMMITTEE ON THE JUDICIARY, Washington, DC. The committee met, pursuant to notice, at 2:10 p.m., in room SD–226, Dirksen Senate Office Building, Hon. Dianne Feinstein presiding. Present: Senators Feinstein, Kennedy, Durbin, Hatch, Specter, DeWine, and Brownback. OPENING STATEMENT OF HON. DIANNE FEINSTEIN, A U.S. SENATOR FROM THE STATE OF CALIFORNIA Chairperson FEINSTEIN. I would like to begin by calling the hear- ing together and welcoming the two distinguished Members of Con- gress. I would like to begin by making a brief statement and then the Ranking Member, who will be for this hearing Senator Hatch, will be on his way over and he will make a brief statement. Do you gentlemen have a time problem, because if you do, I will accommodate you now. Mr. WELDON. I am fine. Mr. GREENWOOD. I am not leaving until he leaves. [Laughter.] Chairperson FEINSTEIN. Cloning seems to be one of those words and concepts that seems to inspire a lot of dread in people, visions of an apocalyptic world marching lockstep. However, as is the case with many medical technologies, it is not cloning that is the prob- lem, but some of its potential applications. For example, we are all concerned about the sale of human organs or the transplant of or- gans from executed prisoners, but few people argue that the solu- tion to these potential problems is to ban organ transplantation. The truth is that there is bad cloning and good cloning, I believe. Bad cloning is human cloning, the creation of carbon copies of whole human beings. Good cloning is nuclear transplantation to produce stem cells. There is broad agreement across our society, in Congress and in the scientific, medical and religious communities, that we should ban human cloning. Such cloning is scientifically unsafe, morally unacceptable, and ethically flawed. (1) VerDate Feb 1 2002 09:13 Jan 16, 2003 Jkt 083684 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 C:\HEARINGS\83684.TXT SJUD4 PsN: CMORC 2 However, at least to me, it is also clear, and I think to the over- whelming majority of the scientific and medical community, that we should not ban nuclear transplantation to produce stem cells. Many doctors and scientists have argued that we must protect our ability to use cloning techniques to try to save and improve the lives of those ravaged by disease and other ailments. In fact, nuclear transplantation offers enormous potential for pro- viding cures to diseases such as cancer, diabetes, cystic fibrosis, and heart disease, as well as conditions such as spinal cord inju- ries, liver damage, arthritis, and burns. This technique could allow the creation of bone marrow for trans- plants to leukemia victims, islet cells for the pancreas of a diabetic, heart or liver tissue to repair the damage caused by heart attacks or hepatitis, healthy skin for grafts for burn victims, and many other potential cures and treatments for a variety of diseases and ailments. Let me make a few points. First, nuclear transplantation could be used to create embryonic stem cells which could be used to make tissues, and even organs, for transplant. This would help relieve the serious shortage of tissues and organs for transplant. Over 50,000 Americans today are waiting for organ transplants, while hundreds of thousands more need tissue transplants. Tragically, over 5,000 people die a year because they can’t get the organs or the tissues they need to be donated, and many of these are very young children. Second, the use of nuclear transplantation to produce a tissue or organ could virtually eliminate the danger that the patient’s body would reject it. Nuclear transplantation techniques could allow the implantation of new cells or tissues that exactly match those of the person to whom they are implanted, greatly reducing the likelihood that
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