E PL UR UM IB N U U S Congressional Record th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, FIRST SESSION

Vol. 149 WASHINGTON, THURSDAY, FEBRUARY 27, 2003 No. 32 House of Representatives The House met at 1 p.m. MESSAGE FROM THE PRESIDENT port the bill to the House with such amend- The Chaplain, the Reverend Daniel P. ments as may have been adopted. The pre- A message in writing from the Presi- vious question shall be considered as ordered Coughlin, offered the following prayer: dent of the United States was commu- Eternal Father of all, You teach by on the bill and amendments thereto to final nicated to the House by Ms. Wanda passage without intervening motion except touching human hearts, which is far Evans, one of his secretaries. one motion to recommit with or without in- beyond simply changing minds or form- structions. f ing new language. The SPEAKER pro tempore (Mr. By converting deepest desires, You ANNOUNCEMENT BY THE SPEAKER SWEENEY). The gentlewoman from shape priorities of true concern and PRO TEMPORE North Carolina (Mrs. MYRICK) is recog- focus attention on lasting ideas that The SPEAKER. One-minute requests nized for 1 hour. have penetrating consequences. will be at the end of business today. Mrs. MYRICK. Mr. Speaker, for the Your presence in our midst is mani- purpose of debate only, I yield the cus- fested by marvelous deeds which con- f tomary 30 minutes to the gentleman sume debatable words. PROHIBITION from Massachusetts (Mr. MCGOVERN), Send now Your spirit upon the Mem- ACT OF 2003 pending which I yield myself such time bers of the House of Representatives, Mrs. MYRICK. Mr. Speaker, by direc- as I may consume. During consider- that they may see beyond present di- ation of this resolution, all time yield- lemmas and know in their hearts what tion of the Committee on Rules, I call up House Resolution 105 and ask for its ed is for the purpose of debate only. is the right course for our future as a On Wednesday, the Committee on immediate consideration. Nation in this world community. Re- Rules met and granted a structured The Clerk read the resolution, as fol- move the clouds of fear and confusion. rule for H.R. 534, the Human Cloning lows: Instead, by Your spirit guide all to Prohibition Act. As an original cospon- right judgment. H. RES. 105 sor of this legislation, I am very And may Your people discover an Resolved, That at any time after the adop- pleased to see it is one of the first top inner freedom which confirms their de- tion of this resolution the Speaker may, pur- priorities of the House of Representa- cisions and provides a joy in serving suant to clause 2(b) of rule XVIII, declare the tives. You, now and forever. Amen. House resolved into the Committee of the Mr. Speaker, this is a fair rule which Whole House on the state of the Union for will permit a thorough discussion of all f consideration of the bill (H.R. 534) to amend title 18, United States Code, to prohibit of the relevant issues. The first of these issues is the Greenwood sub- THE JOURNAL human cloning. The first reading of the bill shall be dispensed with. All points of order stitute which allows human cloning for The SPEAKER. The Chair has exam- against consideration of the bill are waived. medical purposes. ined the Journal of the last day’s pro- General debate shall be confined to the bill I personally oppose the Greenwood ceedings and announces to the House and shall not exceed one hour equally di- amendment because it is wrong to cre- his approval thereof. vided and controlled by the chairman and ate human embryo farms, even for sci- Pursuant to clause 1, rule I, the Jour- ranking minority member of the Committee entific research. nal stands approved. on the Judiciary. After general debate the Research cloning would contradict bill shall be considered for amendment under the five-minute rule. The bill shall be consid- the most fundamental principle of f ered as read. No amendment shall be in order medical ethics, that no human life except those printed in the report of the should be exploited or extinguished for PLEDGE OF ALLEGIANCE Committee on Rules accompanying this res- the benefit of another. Anything other The SPEAKER. Will the gentleman olution. Each amendment may be offered than a total ban on human cloning from Illinois (Mr. SHIMKUS) come for- only in the order printed in the report, may would be virtually impossible to en- ward and lead the House in the Pledge be offered only by a Member designated in force. of Allegiance. the report, shall be considered as read, shall I understand there is no way to con- be debatable for the time specified in the re- trol actual implementation of these Mr. SHIMKUS led the Pledge of Alle- port equally divided and controlled by the giance as follows: proponent and an opponent, and shall not be fetuses into a woman’s uterus, so I pledge allegiance to the Flag of the subject to amendment. All points of order cloning of children could still happen. United States of America, and to the Repub- against such amendments are waived. At the The Justice Department submitted lic for which it stands, one nation under God, conclusion of consideration of the bill for testimony explaining that once count- indivisible, with liberty and justice for all. amendment the Committee shall rise and re- less human embryos are created by

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Jan 31 2003 23:40 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A27FE7.000 H27PT1 H1398 CONGRESSIONAL RECORD — HOUSE February 27, 2003 cloning, there would be no practical being; rather, it is about outlawing heimer’s disease. This research may way to enforce the prohibition on cutting-edge research that could one hold the key to treating or even curing transferring such embryos into wombs. day save and improve lives. that disease. But if this bill is endorsed The Committee on Rules, though, The bill we are considering today, today, it would deny the Reagans and recognizes that the gentleman from the so-called Human Cloning Prohibi- millions of other families any benefit Pennsylvania’s proposal is the leading tion Act of 2003, will jail scientists for from this research. Mrs. Reagan’s alternative to the ban on cloning. And conducting therapeutic research. This views should be heard by this body, and because we are aiming for a fair and bill, if enacted, will close the door to I will read her letter of support into thorough debate, we should make it in important research that one day could the RECORD, a letter she sent to the order on the House floor. result in treatments or cures for such other Chamber. I want to read it so Human cloning is a deeply troubling diseases as Parkinson’s, Alzheimer’s, that my colleagues can hear her elo- issue to me and to most Americans. and diabetes. If a drug or treatment for quent words. Life is a creation, not a commodity. diseases like Alzheimer’s or Parkin- b 1315 I also agreed with President Bush son’s is developed in another country She writes, ‘‘As you may know, Ron- when he said that science has set be- using therapeutic cloning, that treat- nie will observe his 92nd birthday soon. fore us decisions of immense con- ment will not be available to patients In earlier times, we would have been sequence. We can pursue medical re- in the United States. Think about it. able to celebrate that day with great search with a clear sense of moral pur- This bill would actually deny Ameri- joy and wonderful memories of our life pose, or we can travel without an eth- cans treatments for debilitating dis- together. Now, while I can draw ical compass into a world we could live eases. That strikes me as not only strength from these memories, I do it to regret. wrong, but cruel. alone, as Ronnie struggles in a world Science now presses forward with It is important to make clear that we unknown to me or the scientists who this issue of human cloning. How we are not debating whether or not Fed- devote their life to Alzheimer’s re- answer the issue of human cloning will eral funds can be used for stem cell re- search. Because of this, I am deter- place us on one path or the other. search. The President made that deci- mined to do what I can to save other I spent a lot of time considering this sion in 2001. Based on that decision, a families from this pain. I am writing, issue because it is so complex, and I private company can conduct stem cell therefore, to offer my support for stem have decided to once again vote to ban research if it uses its own funds, or cell research and to tell you I’m in human cloning. It is simply wrong to companies can conduct stem cell re- favor of new legislation to allow the clone human beings. search with Federal funds if they fol- ethical use of therapeutic cloning. It is wrong to create fully-grown, tai- low very strict guidelines. While this ‘‘Like you, I support a complete ban lor-made cloned babies, and it is wrong bill does not deal with this issue, it is on reproductive cloning. However, I be- to clone human embryos to experiment important to note that stem cells are lieve that embryonic stem cell re- on and destroy them. Anything other at the heart of the therapeutic cloning search under appropriate guidelines than a ban on human cloning would li- debate. may provide our scientists with many cense the most ghoulish and dangerous Stem cells were only discovered in answers that are now beyond our grasp. enterprise in human history. Some of 1998. The promises for treatments and There are so many diseases that can be us can still remember how the world cures from stem cell research may not cured, or at least helped, that we can- was repulsed during and after World be realized for 15 to 20 years, but the not turn our back on this. We have lost War II by the experiments conducted gains will be enormous. The research of so much time already. I cannot bear to by the Nazis during the war. How is today will result in the cures of tomor- lose any more. Sincerely, Nancy.’’ this different? row. Mr. Speaker, I could not have said it Congress must act now. We can no Now, today, scientists say thera- better than Mrs. Reagan. Mrs. Reagan longer wait for another biotech com- peutic cloning is the best way to makes a powerful moral argument that pany to claim that they have produced produce the stem cells that could lead we should not put up a roadblock to cloned children, despite the fact that to breakthrough discoveries. Through close this promising avenue of re- laboratory cloning of animals has led stem cell research, scientists might search. to spontaneous abortions and terrible, one day help a person with a spinal We talk a lot about morality in this terrible abnormalities. cord injury walk again. How can this body. For the life of me, I cannot see Congress will not face a weightier body ban this promising endeavor to how it is moral to look into the eyes of issue than the ethics of human cloning, end human suffering? someone suffering from Alzheimer’s or and Congress should not run away from Scientists are so important to this Parkinson’s and say, we are going to this problem. It is our job to address debate. They are the experts, and this stand in the way of something that has such pressing moral dilemmas, and it is body should listen when they speak. the potential to save your life, or to our job to do so in a deliberative way. In 1863, President Abraham Lincoln tell them that even if a breakthrough That is what we will do today. created the National Academy of treatment is available in Europe or To that end, I urge my colleagues to Sciences so that a group of scientists elsewhere, they are not allowed to have support the rule and the underlying could advise Congress and the adminis- it. bill. tration on the complex scientific issues This debate is about improving and Mr. Speaker, I reserve the balance of facing our country. Mr. Speaker, 140 saving millions of lives in this country. my time. years later, the party of Lincoln brings It is about whether we should jail sci- Mr. MCGOVERN. Mr. Speaker, I want before this body legislation that ig- entists who are trying to save the lives to thank the gentlewoman from North nores the findings or recommendations of people who suffer from such debili- Carolina for yielding me this time, and of this respected group of scientists. tating diseases as Alzheimer’s, Parkin- I yield myself such time as I may con- The academy, in a February 2002 re- son’s, diabetes, and so many other dis- sume. port, declared that therapeutic cloning eases. (Mr. MCGOVERN asked and was has scientific potential and should be Let us do the right thing: Vote for given permission to revise and extend allowed to continue. Additionally, the the Greenwood substitute, and if that his remarks.) National Institutes of Health and 40 fails, vote against the Weldon bill. Mr. MCGOVERN. Mr. Speaker, let me Nobel Laureates attest the value of Mr. Speaker, I reserve the balance of begin by making clear that I believe this important research. my time. human cloning is morally and ethically Former President Gerald Ford, a Re- Mrs. MYRICK. Mr. Speaker, I yield wrong. Every Member of this body is publican, and former President Jimmy 21⁄4 minutes to the gentleman from opposed to cloning a human being, and Carter, a Democrat, also publicly sup- Pennsylvania (Mr. PITTS). the American people are unified in port this research. Mr. PITTS. Mr. Speaker, I rise today their opposition to human cloning. Un- So does former First Lady Nancy in strong support of H.R. 534 and the fortunately, this debate is not about Reagan. Her husband, former President rule for the Human Cloning Prohibi- making it illegal to clone a human Ronald Reagan, suffers from Alz- tion Act of 2003. I thank the gentleman

VerDate Jan 31 2003 23:40 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.003 H27PT1 February 27, 2003 CONGRESSIONAL RECORD — HOUSE H1399 from Florida for his principled leader- The therapeutic form, the trans- Mr. Speaker, I rise today in support ship on this issue. planting of a patient’s DNA into an of the Human Cloning Prohibition Act The history of cloning is replete with unfertilized egg in order to grow stem of 2003, H.R. 534, reintroduced by the defects, deformity, and death. Dolly cells, could cure devastating diseases. gentleman from Pennsylvania (Mr. the sheep was the 277th try. By now, The promise of this technology would WELDON) and the gentleman from everyone knows of the euthanized be that the patient’s body accepts the Michigan (Mr. STUPAK). The issue here death of Dolly. She died on Valentine’s cells from transplantation without is human cloning. The issue has to do Day a couple of weeks ago at the age of immuno-suppressant drugs. These cells with us playing God and allowing 6, half the normal life expectancy for are not transplanted into a woman’s human embryos to be produced. sheep. womb. In what is deliberate over- Make no mistake about it, we are Alan Coleman, a Singapore-based sci- reaching, this bill bans somatic cell compassionate Americans. We care entist who helped clone Dolly, said, ‘‘I nuclear transfer, which produces only about pain and suffering, we care about think it highlights more than ever the stem cells, not babies. curing diseases; but at the cost of cre- foolishness of those who want to legal- First, we Americans were told to use ating human life, human embryos? ize human cloning. In the case of hu- duct tape to seal up our rooms. Now, There is a claim that cancer, diabe- mans, it would be scandalous to go with this bill, the Republican leader- tes, and other diseases will be cured. I ahead, given our knowledge about the ship places duct tape over the micro- would go as far as to say in the medical long-term effects of cloning.’’ scopes of dedicated medical scientists community, with safeguards against If cloning is not safe for animals, how who are leading the effort to find the terrorists, we can identify biological can it be good for humans? President cures for diabetes, Alzheimer’s, ALS, weapons. In my district sits one of the Reagan said in 1983 that every legis- Parkinson’s, cancer, spinal cord inju- finest anthrax labs in the world that lator, every doctor, every citizen, needs ries and cystic fibrosis. can already identify these types of dan- to recognize that the real issue is At a time when we are alarmed daily gerous pathogens. We do not need whether to affirm and protect the sanc- by the possibility of biological attacks human cloning to identify those signa- tity of all human life or whether to em- from afar, this bill represents a very tures that exist within those patho- brace an ethic where some human lives real and present biological attack on gens. are valued and others are not. As a Na- the victims of these tragic diseases, As researchers develop artificial tion we must choose between the sanc- diseases that strike Americans down in wombs, if you are voting for the Green- tity-of-life ethic and the quality-of-life a nonpartisan manner. They deserve a wood substitute, after 10 years it would ethic. nonpartisan solution. allow scientists the legal protection to If we allow the therapeutic cloning of For most parents, it is traumatic harvest embryos and to grow human human embryos for experimentation, enough to take a child to the hospital fetuses. It is essential that, whether for we will devalue the entire system of for a tonsillectomy or a broken bone. research or reproduction, we not allow ethics of this country. We will have en- How cruel that for lingering diseases people to create human life. dorsed the idea that it is okay to treat that can slowly drain the happiness, Join me in voting in favor of final the energy, and the life from a child, human life like a commodity. passage of the Weldon-Stupak bill. one of the best hopes for treatment I am not willing to make that choice. Mr. MCGOVERN. Mr. Speaker, I yield I am not willing to say that we should that we have would be completely de- 2 minutes to the gentlewoman from nied by this bill. create a class of human beings to be California (Mrs. CAPPS). I think of the Austin mother who used as human guinea pigs and labora- Mrs. CAPPS. Mr. Speaker, I rise in wrote to me about her diabetic five- tory rats. We have seen that happen be- opposition to the rule and to the under- year-old. She told of her baby who suf- lying bill. No one in Congress supports fore in Nazi Germany with experiments fered through 4 to 8 insulin shots a day. cloning a human being, but we cannot on concentration camp victims, and in Now, as a toddler, she undergoes 10 to afford to block research into important Tuskegee, Alabama, where our own 15 pricks a day to test her blood sugar. scientific areas that may have critical U.S. Government experimented on Af- Her mom wrote: ‘‘Our daughter is a medical benefits to American citizens. rican Americans, infecting them with lively girl who is optimistic by nature. The millions who are currently suf- syphilis in search of a cure. We would like to see this horrible dis- fering from diseases that have no We find these stories morally abhor- ease cured before her optimism fades.’’ rent. But what will history say about Let us not put politics over life-sav- cures, Parkinson’s, cancer, Alz- us if we fail to learn the lessons of the ing science. The restrictions in this bill heimer’s, diabetes, spinal cord injuries, past and if we knowingly do the same are truly unprecedented. It bans pri- and their families, these millions are thing to tiny little humans again? vate as well as public research. It says desperately hoping that new medical The Greenwood substitute would even to the victim of disease, ‘‘if you research can provide them relief. allow the creation of cloned human go abroad,’’ where medical science will The best hope for many of these peo- embryos as long as the embryo is de- certainly move if this tragic bill is ple may lie with research into somatic stroyed within 14 days and never im- adopted, ‘‘you are not only getting cell nuclear transfer or therapeutic planted in the womb. Even that phony treatment, you are getting a jail term, cloning. This process may allow doc- restriction is lifted within 10 years of because you are a criminal under this tors and scientists to duplicate human enactment. It will result in the cre- bill for seeking a cure or treatment for stem cells to create medical therapies ation of a human embryo. your disease.’’ for diseases, therapies that will not be We need to stop playing word games Restrictive federal regulations al- rejected by patients’ bodies. This re- and admit that serious issues are at ready deny sufficient stem cell lines to search and these therapies do not re- stake here. This vote will determine conduct essential research. This bill quire or result in a cloned human whether we as a Nation will affirm the does more than tie the hands of our being; but the bill before us would ban dignity of human life or reject it. Sup- best scientists; it steals precious time that research and take away hope for port the Weldon-Stupak bill. that victims do not have; it robs them millions of Americans, just because of Mr. MCGOVERN. Mr. Speaker, I yield of hope; it is, for too many, a death fear of the unknown. 3 minutes to the gentleman from Texas sentence. We can increase understanding of the (Mr. DOGGETT). Those innocent victims are not science involved here and at the same Mr. DOGGETT. Mr. Speaker, this bill criminals; this bill is. Do not make time provide protections against its is part of a broader, tragic political Americans choose between health and untoward use. Congress should take its agenda to stymie good science with their homeland. Vote to end suffering. time and consider these issues. We scare tactics. It fails totally to distin- Vote for hope. Vote ‘‘no.’’ should ban human cloning, as we have, guish between cloning or reproducing Mrs. MYRICK. Mr. Speaker, I am and allow research to go forward. We human beings—a frightful prospect pleased to yield 1 minute to the gen- should set the ethical parameters for that all of us reject—and therapeutic tleman from Arizona (Mr. RENZI). scientific research. That is our job, set cloning, which someday could save the Mr. RENZI. Mr. Speaker, I thank the these parameters which will lead to lives of millions. gentlewoman for yielding time to me. saving lives and restoring health.

VerDate Jan 31 2003 23:40 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.005 H27PT1 H1400 CONGRESSIONAL RECORD — HOUSE February 27, 2003 On behalf of those millions who suf- cine for polio. It is simply the next step cheapens all human life by making it a fer and wait and hope, I urge my col- in modern medicine. When it comes commodity, an object to tinker with, leagues to vote against the Weldon bill down to it, American families will be to alter, to change to a scientist’s pre- and to vote for the Greenwood amend- the victims of H.R. 534. The price of set specifications. Manipulating the ge- ment. this bill will be the lives of children, netic outcomes of human reproduction Mrs. MYRICK. Mr. Speaker, I yield 1 grandchildren, the mothers and fathers render certain people desirable and minute to the gentlewoman from Vir- that each of us cherishes, all who we others not. How then will society view ginia (Mrs. JO ANN DAVIS). were able, but not willing, to save. And these people determined less desirable? Mrs. JO ANN DAVIS of Virginia. Mr. why? Are they of less human value? Speaker, I rise today in support of the We all oppose human cloning. That is In fact, if we do not enact a ban on rule. In doing so, I would like to bring not the issue. That is not what I am human cloning, these situations I have to light one of the most dangerous con- talking about. Let us be perfectly described are just a few of the sce- sequences of voting for human cloning, clear. Therapeutic cloning is in no way, narios we will face in the near future. both reproductive and therapeutic. shape or form the same as human As one of the Nation’s leading That is the exploitation of women. cloning. I oppose human cloning as do bioethicists, Dr. Leon Kass, has said, Women of lower economic means are most Members of this House. But we ‘‘We are compelled to decide nothing particular targets for exploitation. Ad- are not talking about simply a ban on less than whether human procreation vanced Cell Technologies paid $3,500 to human cloning, but a ban on thera- is going to remain human, whether $4,000 to each woman who donated peutic cloning as well, a process where children are going to be made to order their eggs for the failed human cloning there is no fertilization, no implanta- rather than begotten, and whether we experiments. Because of the many tion, no pregnancy and no chance for a wish to say yes in principle to the road risks associated with this procedure, it child to be produced whatsoever. that leads to the dehumanized hell of will mostly be women of little means Under the proposed bill, therapeutic ‘Brave New World.’ ’’ who will volunteer to sell their eggs. cloning would be banned and a research The American people have spoken In order to generate enough cloned process that takes place in a petri dish loud and clear on their view on this embryos to carry out this research, would be criminalized. A process that issue, as has the scientific community, thousands of eggs will need to be solic- provides hope, and someday a cure for our President, and this body of Con- ited from numerous women. It takes millions of Americans, would be gress last year. The national consensus about 50 eggs to get one viable cloned criminalized. is evident. Human cloning for any rea- embryo. Just to treat the 16 million So for the millions of us who are all son, whether for research or reproduc- Parkinson’s patients, it is estimated too familiar with the pain and suf- tion, should be prohibited. that 800 million human eggs would be fering brought on by diseases like Par- Please join me in voting ‘‘yes’’ on the needed from a minimum of 80 million kinson’s, Alzheimer’s, and diabetes, for Weldon-Stupak bill and ‘‘no’’ on the women of childbearing age. those of us who pray every night that Greenwood substitute. I implore my colleagues to vote for a cure can be found, my distinguished NATIONAL RIGHT TO LIFE the health and well-being of women. colleagues on both sides of the aisle COMMITTEE, INC., Please vote for the rule and for the should vote against H.R. 534 and sup- February 10, 2003. Weldon-Stupak bill. port the bipartisan substitute. Congress Resumes Action on Human Cloning Mr. MCGOVERN. Mr. Speaker, I yield Mrs. MYRICK. Mr. Speaker, I yield 2 Legislation this Week, As Supporters of 3 minutes to the gentleman from Texas minutes to the gentlewoman from Col- Cloning Human Embryos Try to Fool Law- makers, Journalists, and the Public with (Mr. BELL). orado (Mrs. MUSGRAVE). Deceptive ‘‘Egg-Speak’’ Mr. BELL. Mr. Speaker, I rise today (Mrs. MUSGRAVE asked and was in opposition to H.R. 534 and in support given permission to revise and extend INTRODUCTION of the bipartisan substitute. her remarks.) Congress is renewing consideration of I lost my mother in 1999, but really I Mrs. MUSGRAVE. Mr. Speaker, I rise whether to ban all human cloning, as a num- today to express my strong support for ber of other major nations have already lost her twice. The first time was when done. On Wednesday, February 12, the House she was suffering from a cruel, mind-al- the Weldon-Stupak Human Cloning Judiciary Committee will act on the Weldon- tering disease that has afflicted mil- Prohibition Act. The passage of this Stupak bill (H.R. 534). This bill, which is lions of American families, a disease bill is of utmost urgency as scientists backed by President Bush, would ban the known as Parkinson’s. For my mom, in this country and around the world creation of human embryos by cloning. In each of the 10 years she spent fighting are making dangerous advances to- the Senate, the same policy is embodied in Parkinson’s disease was a little more wards the creation of a cloned human the Brownback-Landrieu bill (S. 245). being. Those who favor cloning human embryos difficult than the one before, until fi- are proposing competing legislation that nally her body just could not fight any- The science of human cloning may be difficult to explain and to understand would allow the mass cloning of human em- more. bryos to be killed in research, but attempt to After losing my mother that way, I to those of us who are not scientists, ban implantation of such an embryo in a will do all I can to help find a cure for but its immorality is not without ques- womb. In the House, we expect that this diseases like Parkinson’s. There are tion. You do not have to be a scientist ‘‘clone and kill’’ approach will be advanced tens of millions of Americans that feel to know this is wrong. Whether pro- by Rep. Jim Greeenwood (R–Pa.), who offered the same way because of someone they duced for the intention of human re- such a proposal in 2001. In the Senate, a production or for the purpose of med- cloning-embryos-for-research bill has been have lost in their lives, because fight- introduced by Senator Orrin Hatch (R–Utah), ing for a cure is the right thing to do. ical research, the fact remains the same: human cloning is simply wrong. Dianne Feinstein (D–Ca.), and others as S. I do not know how I am going to ex- 303. plain to my constituents that my col- It invariably requires the creation and In recent days, a number of news outlets leagues in the House decided not to killing of numerous human lives in the have transmitted inaccurate reports about allow scientists to use the vast tech- effort to produce either cloned cells for what these competing bills would each allow nology at our disposal to cure their the purpose of research or cloned and forbid—reports that obscure what the ar- mother’s Parkinson’s disease or their human beings. gument is really about. These points of con- fusion are discussed in more detail below. grandmother’s Alzheimer’s or their Numerous ethical questions arise. husband’s diabetes, because that is ex- Who, for example, would be the parents PRESIDENT BUSH’S POSITION actly what stem cell research and of a cloned human being? What rights President Bush has repeatedly called on would they have? And what about the Congress to ban all human cloning (i.e., to therapeutic cloning are going to do: ban the cloning of human embryos). In re- cure disease and save lives. potential to create human-animal hy- brids through the transferring of marks on January 22, the President said, ‘‘I b 1330 also urge the Congress to ban all human human nuclear material into animal cloning. We must not create life to destroy Stem cell research is no different eggs? If we open the door to human life. Human beings are not research material than the discovery of penicillin or the cloning, these ethical problems will be to be used in a cruel and reckless experi- invention of the Hart pump or the vac- unavoidable. Additionally, cloning ment.’’ In his January 28 State of the Union

VerDate Jan 31 2003 23:40 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.006 H27PT1 February 27, 2003 CONGRESSIONAL RECORD — HOUSE H1401 speech, the President said, ‘‘Because no restrictions on research of any kind on cussed below), and the process is certainly human life should be started or ended as the human ova (‘‘eggs’’). not ‘‘therapeutic’’ for the human embryo object of an experiment, I ask you to set a In short, the Brownback/Weldon legislation who is dissected—which is what the argu- high standard for humanity, and pass a law and the Hatch-Feinstein legislation are alike ment is about. against all human cloning.’’ In a speech on in that they would both permit cloning in- Misconception: The Hatch-Feinstein bill human cloning last year, President Bush volving merely eggs, cells, or tissues, but would allow research only on ‘‘unfertilized warned that unless such legislation is en- they differ on one profound issue: The Hatch- eggs up to 14 days.’’ acted, human ‘‘embryo farms’’ will be estab- Feinstein/Greenwood proposals would allow Reality: As can be confirmed by reference lished in the United States. (See the use of the somatic cell nuclear transfer to any biology text or even any decent dic- www.whitehouse.gov/news/releases/2002/04/ (SCNT) process to clone human embryos, and tionary, a human ovum or ‘‘egg’’ is, by defi- print/2002410–4.html) the Brownback/Weldon legislation would for- nition, a single cell. Moreover, it is a very THE SITUATION IN CONGRESS bid the use of SCNT to clone human em- unusual cell—a gamete cell, which means it has only 23 chromosomes. An ovum has no The House Judiciary Committee is sched- bryos. Verbiage by supporters of ‘‘research sex. uled to mark up the Weldon-Stupak bill cloning’’ about ‘‘eggs’’ and ‘‘cells’’ is in- As discussed above, once one has a com- (H.R. 534) on Wednesday, February 12, at tended to conceal what the argument is real- plete nucleus from any species that is acti- 10:15 a.m., at 2141 Rayburn House Office ly about: whether it should be permitted to vated (whether by sexual fertilization or by Building. Once the committee completes its clone human embryos. asexual somatic cell nuclear transfer, SCNT) work, the full House could take up the bill at Misconception: So-called ‘‘therapeutic and developing, then one has a developing any time. H.R. 534 is nearly identical to the cloning’’ does not involve creating human embryo of that species (sheep, cow, Homo measure that passed the House on July 31, embryos. sapiens, etc). There is no such thing in biol- 2001, by lopsided bipartisan vote of 265–162 Fact: That SCNT using human genetic ma- ogy or in any dictionary as a human ‘‘egg’’ (roll call no. 304). When the House considered terial will create a developing embryo of the or ‘‘egg cell’’ that has 46 chromosomes, is ei- the issue on that occasion, it decisively re- species Homo sapiens is something that au- ther male or female, and is five days old jected (249–178) a substitute amendment, the thorities on all sides agreed on until some- (consisting of several hundred cells) or even Greenwood-Deutsch Amendment, that would time in 2001, when some of the pro-cloning 14 days old (consisting of thousands of cells). have allowed the cloning of human embryos forces decided to try to obscure this fact for In short, calling a five-day-old or a two- for research (roll call no. 302) political purposes. Among those who clearly week-old human embryo an ‘‘egg’’ is an at- The Senate companion to the Weldon-Stu- affirmed that SCNT will create human em- tempt to deceive the public regarding what pak bill, the Brownback-Landrieu bill (S. bryos were the bioethics panels of both the policy argument is really about. We sub- 245), currently has 26 cosponsors. A radically Presidents Clinton and Bush, the embryo re- mit that this is not an effort in which re- different measure, the Hatch-Feinstein bill search panel at NIH, and the chief cloning sponsible journalists should enlist. (S. 303), has only eight cosponsors, but it has researchers at Advanced Cell Technology in The actual text of the Hatch-Feinstein bill considerable additional support, mostly Massachusetts. Some samples of such state- coins the term ‘‘unfertilized blastocyst.’’ But among Senate Democrats. ments, which pre-date the current ‘‘blastocyst’’ is simply a technical term for The Brownback-Landrieu bill has been re- disinformation campaign, are posted here: an embryo at an early stage of development. ferred to the Committee on Health, Edu- www.nrlc.org/KillinglEmbryos/ As for ‘‘unfertilized,’’ this is just another cation, Labor, and Pensions (HELP), which factsheetembryo.html. word trick aimed at the gullible. Of course is chaired by Senator Judd Gregg (R–NH), The cite just one example here, a group of human embryos produced by cloning will be who was a cosponsor of the bill in the 107th scientists, ethicists, and biotechnology ex- ‘‘unfertilized,’’ because that is what cloning Congress. The Hatch-Feinstein bill has been ecutives advocating so-called ‘‘therapeutic is: asexual reproduction—no sperm. Every referred to the Senate Judiciary Committee, cloning’’ and use of human embryos for re- cloned mammal in the world was unfertilized which Hatch chairs. Whatever happens in search—Arthur Caplan of the University of from the one-celled embryo stage, and every these committees, the full Senate ultimately Pennsylvania, Lee Silver of Princeton Uni- one of them will be unfertilized on the day will vote on both of these diametrically con- versity, Ronald Green of Dartmouth Univer- they die. If a human embryo created by flicting approaches. sity, and Michael West, , and The recently selected Senate Majority cloning instead of fertilization is implanted Jose Cibelli of Advanced Cell Technology— Leader, Bill Frist (R–Tn.), said in a January in a womb, is born, and lives to be eighty, wrote in the December 27, 2000 issue of the 12 interview on Fox News Sunday, ‘‘I am op- she will still be unfertilized. Journal of the American Medical Associa- Misconception: The Hatch-Feinstein bill is posed to any time that you create an embryo tion, ‘‘CRNT [cell replacement through nu- a compromise that would accomplish what itself with the purpose being destruction, clear transfer, another term for ‘‘therapeutic almost everyone agrees on, banning ‘‘repro- and that would include the so-called research cloning’’] requires the deliberate creation ductive cloning.’’ cloning. And remember, research cloning is and disaggregation of a human embryo.’’ Reality: Far from representing ‘‘common just that, it’s experimental. There’s been no They also wrote, ‘‘. . . because therapeutic ground,’’ the Hatch-Feinstein bill represents demonstrated benefit of that to date, so I cloning requires the creation and a policy disfavored by most Americans and don’t think you ought to destroy life. . .’’ disaggregation ex utero of blastocyst stage strongly opposed by the Bush Administra- The key differences between the two bills embryos, this technique raises complex eth- tion. It will not become law. But that does are discussed below. In many recent news ical questions.’’ not bother many of its backers, such as the media reports on human cloning issues, the In its 2002 report on human cloning, the biotechnology industry lobby, because the differences have been mischaracterized, and President’s Council on Bioethics, although primary purpose of the Hatch-Feinstein bill the specific activities that each bill would divided on policy recommendations, provided is to impede enactment of the real ban on allow and prohibit have been widely mis- without dissent recommendations regarding human cloning, by providing political cover understood. the use of honest terminology in this crucial for lawmakers who favor allowing the cre- MISCONCEPTIONS AND FACTS public policy debate, including acknowl- ation of human embryos for research. Misconception: The Brownback-Landrieu/ edging that successful SCNT will create Notwithstanding the marketing efforts of Weldon-Stupak legislation prohibits cloning human embryos. The Council said, ‘‘The the biotechnology industry lobby and its al- of human ‘‘cells,’’ while the Hatch-Feinstein product of ‘SCNT’ is not only an embryo; it lies, the Hatch-Feinstein bill or the Green- bill would allow cloning of ‘‘cells.’’ is also a clone, genetically virtually iden- wood amendment would enact a policy that Reality: The Brownback-Landrieu bill (S. tical to the individual that was the source of is far from a consensus position—indeed, a 245) and the Weldon-Stupak bill (H.R. 534)— the transferred nucleus, hence an embryonic policy that the substantial majority of like their predecessors in the 107th Con- clone of the donor.’’ Americans oppose. A Gallup poll in May 2002 gress—explicitly allow ‘‘the use of nuclear The Council recommended use of the terms found that 61 percent of the American people transfer or other cloning techniques to ‘‘cloning for biomedical research’’ and opposed ‘‘cloning of human embryos for use produce molecules, DNA, cells other than ‘‘cloning to produce children’’ to distinguish in medical research’’ (34 percent approved), human embryos, tissues, organs, plants, or between two of the purposes for which which is precisely what the Hatch-Feinstein animals other than humans.’’ [Sec. 2 of the human embryos might be cloned. (‘‘Cloning bill is crafted to allow and indeed encourage. bill, at (d) in H.R. 534 and at (e) in S. 245; for research’’ and ‘‘cloning for birth’’ convey In other polls, substantially higher numbers boldface added for emphasis] Thus, the meth- pretty much the same thing.) The Council’s are opposed when it is explained that the ods currently used to ‘‘clone’’ new skin, for discussion on accurate and neutral termi- human embryos will die in the research. example, or to ‘‘clone’’ DNA, are perfectly nology is here: www.bioethics.gov/ The Hatch-Feinstein bill is not a partial okay under the Brownback-Landrieu bill. cloningreport/terminology.html. solution or a middle ground. Rather, it is a Moreover, any cloning method that would The phrase ‘‘reproductive cloning’’ is mis- step in the wrong direction. The Hatch-Fein- produce stem cells without first producing leading, because whenever somatic cell nu- stein bill would give a green light to the es- and killing a human embryo—as some re- clear transfer produces a developing embryo, tablishment of human embryo farms. searchers have claimed that they eventually ‘‘reproduction’’ has occurred. The term The ‘‘clone and kill’’ approach has already will be able to do—is explicitly permitted by ‘‘therapeutic cloning’’ is misleading, because been emphatically rejected by the Bush Ad- this language. In addition, the Brownback- no therapies have been demonstrated using ministration and by the House of Represent- Landrieu and Weldon-Stupak bills place no cloned embryos (even in animals, as dis- atives (in 2001). Secretary of Health and

VerDate Jan 31 2003 23:40 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A27FE7.004 H27PT1 H1402 CONGRESSIONAL RECORD — HOUSE February 27, 2003 Human Services Tommy Thompson last year themselves and are busy trying to apply the The need for action is clear. Research sent a letter to Senator Brownback warning techniques that gave us Dolly the Sheep to firms, Advance Cell Technology of that such a bill would face a presidential human beings. Frankly, I am not sure that Massachusetts for one, have already veto. Thompson wrote, ‘‘The President does human being would even be the correct term begun cloning embryos for research not believe that ‘reproductive’ and ‘research for such an individual heretofore unknown in cloning should be treated differently, given nature.’’ purposes. Whatever your belief is, pro- that they both require the creation, exploi- As Slate.com columnist Will Saletan com- life or pro-choice, the fact is embryos tation, and destruction of human embryos mented (‘‘Killing Eve,’’ December 31, 2002, are either the building block of life or . . . the Administration could not support http://slate.msn.com/id/2076199/), ‘‘The first human life itself. We must ask our- any measure that purported to ban ‘repro- cloned baby—Eve or whoever comes after selves what will our message be? What ductive’ cloning while authorizing research her—won’t be fertilized. If fertilization is a makes up human beings? What is the cloning, and I would recommend to the prerequisite to humanity, as Hatch and Fein- stein suggest, that baby will never be human spirit? What moves us? What President that he veto such a bill.’’ (See separates us from animals? That is www.nrlc.org/KillinglEmbryos/ human. You can press the pillow over her ThompsontoBrownback.pdf). face and walk away.’’ (See also: what is being debated here today. The Hatch-Feinstein bill would give fed- www.nrlc.org/killinglembryos/ What message will the United States eral law enforcement agencies responsibility arecloneshuman.html). Congress send? Will it be a cynical sig- for trying to enforce a ban on implanting a Misconception: Those who favor cloning nal that human embryo cloning and de- cloned embryo in a womb—an approach that for research would never allow clones to de- struction is okay, acceptable, even to velop past two weeks of age. the Justice Department in 2002 rejected as be encouraged all in the name of unworkable. The Department explained that Reality: While the Hatch-Feinstein bill purports to establish a two-week ‘‘deadline’’ science, or will it be a message urging once large numbers of cloned human em- caution and care? If we allow this re- bryos are created, there is no practical way for killing human clones, there are substan- tial reasons to doubt that the biotechnology to prevent some of them from being im- search to go forward unchecked, what industry would support such a limitation in planted in wombs, and no remedy to apply will be next? Allowing parents to a bill it actually expected to become law. Al- after that occurs. The testimony is posted choose what color hair and eyes their ready, some policymakers are opening the here: www.nrlc,org/killinglembryos/Jus- baby will have? door to ‘‘fetus farming’’ with human clones. ticelDeptlonlcloning.pdf. For example, the New Jersey legislature We need to consider all aspects of Misconception: The Hatch-Feinstein bill appears close to giving final approval to a cloning and not just what the research- would ‘‘ban human cloning’’ or ‘‘ban the bill that would permit cloned humans to be ers tell us is good. Opposition to our cloning of human beings.’’ Reality: The Hatch-Feinstein bill does not grown through any stage of fetal develop- bill has based its objections on argu- ban ‘‘human cloning.’’ It bans implanting a ment, even to birth, to obtain tissues for ments that we will stifle research, dis- cloned human embryo ‘‘into a uterus or the transplantation, as long as they are not kept courage free thinking, put science back functional equivalent of a uterus’’ (the latter alive past the ‘‘newborn’’ stage. (SB 1909, as in the dark ages. The Weldon-Stupak term is not defined), an act to which crimi- amended) Four members of the President’s bill does nothing of the sort. It allows Council on Bioethics wrote to Gov. James nal penalties are attached. It also attempts animal cloning. It allows tissue to impose a rule against allowing a cloned McGreevey to warn about the bill’s radical implications. (See www.nationalreview.com/ cloning. It allows current stem cell re- human embryo (a so-called ‘‘unfertilized search being done on existing embryos. blastocyst’’) to develop past 14 days of age document/document020303c.asp). Last year, researchers reported harvesting (not counting time frozen). Violations of this It allows DNA cloning. How is this sti- tissue from cloned cows at six and eight ‘‘14-day rule’’ are subject to a civil fine of up fling research? The fact is, there is no weeks of fetal development, and from cloned to $250,000, and there is nothing in the bill to research being done on cloned human mice at the newborn stage. Both studies prevent the threat of such a fine from being embryos, so how can we stifle it? were widely reported by the news media as applied even against a woman who carries an And do you know why there is no re- breakthroughs for so-called ‘‘therapeutic unborn cloned human in utero, perhaps in an cloning.’’ Indeed, so far these are the only search being done? Because the sci- attempt to compel her to procure an abor- two animal studies that have claimed to entists, the same ones that are coming tion. to our offices, banging on our doors, It other words, the bill bans not ‘‘human show ‘‘therapeutic’’ results from cloning. cloning,’’ but the survival of human clones, Mr. MCGOVERN. Mr. Speaker, I yield begging to be allowed to experiment which is a very different thing. 5 minutes to the distinguished gen- with human embryos, they do not even Any bill that permits cloning (somatic cell tleman from Michigan (Mr. STUPAK). know how. They have experimented for nuclear transfer) with human nuclei does not Mr. STUPAK. Mr. Speaker, I thank years with cloned animal embryos with ‘‘ban human cloning,’’ because such a bill al- the gentleman for yielding me time. very limited success. These scientists lows the cloning of embryos of the species Mr. Speaker, I rise today in strong who are pushing so hard to be allowed Homo sapiens, and an embryo of the species support of the rule and H.R. 534, the a free pass for research on what con- Homo sapiens is human (just as the cloned embryo that was later born as Dolly the Weldon-Stupak Human Cloning Prohi- stitutes the very essence of what it is sheep, the first cloned mammal, was always bition Act. to be human do not know what goes a member of the species Ovis aries). Mr. Speaker, it has been 2 years since wrong with cloned animal embryos. As to whether a cloned human embryo is to we had the Raelian cult before my And the horror stories are too many to be regarded as a ‘‘human being,’’ we would committee, the Committee on Energy mention here of deformed mice and de- think that journalists would want to avoid and Commerce. We warned people back formed sheep developing from cloned blatantly taking sides on that question. A then it was not a question of if cloning embryos. statement that the Hatch-Feinstein bill would take place. It was a question of A prominent researcher working for ‘‘bans the cloning of human beings’’ is cer- tainly taking sides on the issue, because it when. The Raelians have proven us the bioresearch companies has admit- amounts to a declaration that a two-week- right. ted scientists do not know how or what old embryo of the species Homo sapiens is Whether or not they can actually happens in cloned embryos allowing not a ‘‘human being.’’ (if not, what species of clone a human is besides the point. The these deformities. In fact, he calls the being is it?) point is under current Federal law they procedure when an egg reprograms It appears that President Bush is among can clone a human. We need to stop DNA ‘‘magic.’’ those who recognize cloned human embryos this manipulation of human life, and Magic? That is hardly a comforting, as human beings: in his January 22 state- we need to stop it now. We cannot hard-hitting scientific term, but it is ment, the President said, ‘‘I also urge the Congress to ban all human cloning. We must allow the Greenwood substitute that accurate. It is magic. Opponents of the not create life to destroy life. Human beings does allow the cloning of embryos, yet bill have said embryonic research is are not research material to be used in a merely outlaws the implantation. We the Holy Grail of science and holds the cruel and reckless experiment.’’ [emphasis need to send the strongest possible key to untold medical wonders. I say to added] message that cloning in any form is these opponents, show me your mir- The National Right to Life Committee be- unacceptable. acles. Show me the wondrous advances lieves that if a cloned human being is born, The Weldon-Stupak bill is the only done on animal embryonic cloning. But she should have the same status as other hu- bill that does this. We cannot afford to mans—but Senator Hatch and some others these opponents cannot show me these apparently are not so sure. In a press release treat the issue of human embryo advances because they do not exist. dated February 5, 2002, Senator Hatch said, cloning lightly, nor can we treat it Our ability to delve into the mys- ‘‘No doubt somewhere, some—such as the without serious debate and delibera- teries of life grows exponentially. All Raelians—are trying to make a name for tion. fields of science fuse to enhance our

VerDate Jan 31 2003 23:40 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\A27FE7.006 H27PT1 February 27, 2003 CONGRESSIONAL RECORD — HOUSE H1403 ability to go where we have never gone Mr. Speaker, I have it right here in millions of Americans waiting by their before. my hands, this legislation that we in- bedsides hoping beyond hope. We real- The question is simply: Just because tend to pass today criminalizes physi- ize that we have been able to give hope we can do something, does that mean cians, hospitals, innocent patients, to the aging. We have been able to give we should do it? What is a better path sick people all over the world who are hope to those who are suffering from to take, one of haste and a rush to ben- in need of the relief from the intellect diseases of which heretofore we could efits that are at best years away into and the ability that our scientists have not even imagine a solution, that we the future, entrusting cloned human to provide hope over death, life over could not have imagined some 50, 70, or embryos to scientists who do not know death, better health over no health at 100 years ago to cure. what they are doing with cloned ani- all. mal embryos? Or is it one urging cau- Mr. Speaker, I think it is extremely b 1345 tion, urging a step back, further delib- important as we confront the amazing We know in the early ages of this, of eration? opportunities of science and tech- the history of this Nation, that individ- The human race is not open to ex- nology, as we look to secure the home- uals did not live to see 45 or 50 years perimentation at any level, even the land with advances in science and tech- old. Now we are very gratified to know molecular level. Has the 20th century nology that we call today’s legislation that our population, our mothers and not shown us of this folly? what it is: a condemnation, an outrage fathers, our relatives, are living to 75 Holy Grail? Magic? How about the on the outstanding research and abili- and 80 and 85 and 90 years old. What a human soul? Scientists and medical re- ties of our research scientists and med- joy for families across this Nation and searchers cannot find it, cannot medi- ical professionals. around the world. cally explain it, but writers write Mr. Speaker, if this was legislation Mr. Speaker, would we take this leg- about it. Songwriters sing about it. We to ban human cloning, you would have islation that we have today and to be believe in it. From the depths of our a unanimous green light from the able to void all of the wonderful re- souls we know we should ban human Members of this Congress. But now search that generated an extended life cloning. For the sake of our souls, let what we are saying to those who are so that people might enjoy their fami- us reject the Greenwood substitute and working in the venues of research of lies and enjoy the wonderment of the support the Weldon-Stupak bill. life and hope, we are suggesting to world, the outstanding new discoveries Mr. Speaker, I thank the gentleman them that they must be condemned. every day? Now we want to criminalize for yielding me time. Mr. Speaker, I have heard of no such our doctors, criminalize our hospitals, Mrs. MYRICK. Mr. Speaker, I yield 2 thing as women selling their eggs being criminalize the sick, criminalize re- minutes to the gentleman from Ne- intimidated to do so, but I do know searchers with the passage of H.R. 534. braska (Mr. TERRY). those who have Parkinson’s disease I oppose very much the legislation, (Mr. TERRY asked and was given and other diseases who are suffering the rule, and I do support the sub- permission to revise and extend his re- and who have spinal injuries who are stitute. marks.) suffering now who want us to be able to The SPEAKER pro tempore (Mr. Mr. TERRY. Mr. Speaker, I rise in do the kind of research that stem cell SWEENEY). The Chair would inform strong support of the rule and the bill. research allows. Members that the gentleman from The consequence of allowing human Mr. Speaker, H.R. 534 does nothing Massachusetts (Mr. MCGOVERN) has 8 cloning would be dire. Human embryos but criminalize those individuals who minutes remaining, and the gentle- would be created for the sole purpose of are now in research labs, innocent woman from North Carolina (Mrs. being experimented on and killed. bright and brilliant Americans who are MYRICK) has 181⁄2 minutes remaining. Cloned humans would likely have seri- trying to find hope for those who are The gentlewoman from North Caro- ous defects such as premature aging ill. Particularly the stem cells that the lina (Mrs. MYRICK) is recognized. which may have led to premature President has allowed some 64 lines Mrs. MYRICK. Mr. Speaker, I yield 2 death of Dolly, the cloned sheep. does not take into account the diver- minutes to the gentleman from Penn- Women could be exploited through the sity and the different ethnic groups in sylvania (Mr. TOOMEY). buying and selling of their eggs for this Nation, the diseases that afflict Mr. TOOMEY. Mr. Speaker, I rise in medical research, and children could be African Americans, Hispanic Ameri- strong support for this rule, and as a manufactured with specific genetic cans, Jewish Americans, where re- cosponsor and strong supporter of H.R. traits, making them commodities rath- search is needed on particular stem 534, and I urge my colleagues to vote er than precious gifts from God. cell research. This bill would prevent those horri- The gentleman from New York (Mr. against the substitute amendment. As the President stated just a few fying scenarios from reality. This leg- NADLER) and myself offered an amend- islation would ban reproductive ment in the Committee on Rules, and I weeks ago, ‘‘Because no human life cloning and research cloning, which opposed this rule that would have pro- should be started or ended as the object both involve creation of human life. vided specifically with the growing of of an experiment, I ask you to set a As elected leaders, we have a respon- those unique stem cells that would high standard for humanity, and pass a sibility to safeguard the future of hu- allow research on all Americans so law against all human cloning.’’ manity by placing clear, ethical limits that we could in fact provide the hope I am certainly very sympathetic to on medical research. Our scientists and life that is necessary. But yet the all those who suffer from incurable or should concentrate on promising ave- Committee on Rules decided in their chronic afflictions, and we are all com- nues which raise no moral concerns wisdom to deny such an amendment, so mitted to helping find cures. I under- such as adult stem cell research. Al- we could not even debate it on the floor stand the good intentions of those who lowing human cloning would only de- of the House. advocate human cloning in the hope value human life and permit women It is very interesting to note that a that research on these clones might and children to be exploited. recent Institute of Medicine study ex- yield cures for major illnesses. But for Mr. Speaker, I urge my colleagues to plains that, because the cells lines to a variety of reasons, both technical and vote in favor of the rule and H.R. 534. researchers are limited, they do not ethical, I believe it is wrong to pursue Mr. MCGOVERN. Mr. Speaker, I yield represent the genetic diversity of the this approach. 4 minutes to the gentlewoman from general population; nor do they rep- On the technical level, the evidence Texas (Ms. JACKSON-LEE). resent the diversity of our population. suggests that cloned human embryos (Ms. JACKSON-LEE of Texas asked Diseases that plague minority popu- are not likely to yield cures for major and was given permission to revise and lations are almost certainly not rep- illnesses. Hopes to the contrary are extend her remarks.) resented in the 64 approved stem cells. just not well founded and they provide Ms. JACKSON-LEE of Texas. Mr. On the uses of stem cells, the National false hopes for the afflicted. Speaker, I thank the distinguished gen- Institutes of Health described the med- Supporters of human cloning for re- tleman from Massachusetts for his ical potential as enormous. search purposes have proposed limita- leadership and his kindness for yielding This legislation, Mr. Speaker, is to tions which they claim will prevent a me time. give a death sentence to millions and cloned baby from being born, but they

VerDate Jan 31 2003 23:40 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.009 H27PT1 H1404 CONGRESSIONAL RECORD — HOUSE February 27, 2003 would allow cloned embryos to develop wrong with finding spare parts in a time, and I rise in opposition to the indefinitely, as long as they are outside junkyard. rule and in opposition to the under- of a woman’s womb. Where will this But what we have before us in this lying bill, H.R. 534. end? debate is the serious possibility that if I am against human reproductive The process of transferring a somatic we do not direct science properly, that cloning, but I am concerned that the cell nucleus into an enucleated egg we could end up in some sort of a brave Weldon bill could exert a devastating produces a human embryo that has the new world which none of us want to impact on future life-saving research, potential to be implanted in utero and find ourselves in, a world in which and I fear that it will bring current re- developed to term. In others words, the parts of human beings are like parts in search that offers great promise to embryo produced for the purpose of a junkyard. And that may sound a lit- cure a whole host of diseases to a therapeutic cloning, as some call it, is tle bit like a science fiction novel or grinding halt. biologically indistinguishable from an something like that, but the Human I represent a district that includes embryo intended for reproduction. It is Cloning Prohibition Act of 2003 will en- many premier medical research insti- a human life, at a very early stage of sure that human beings are not treated tutions. Top scientists have told me development, of course, but entirely like old junk cars in some parking lot. that therapeutic cloning could lead to human nevertheless. Thus, creating Therapeutic cloning pledges unique cures and new treatments for cancer, cloned human embryos for research cures for hundreds of illnesses; yet, heart disease, diabetes, Parkinson’s, purposes means creating human life for this is an empty promise. It has never Alzheimer’s, ALS, and other chronic or the purpose of research and with the produced a single cure in animal mod- fatal illnesses, and they say that it intent of destroying it. els nor has it produced any cures in could alleviate tremendous human suf- This commodification and exploi- human clinical trials. In fact, James fering. tation strikes me as a profound under- Thompson, the scientist who discov- In a recent Newsweek article by Dr. mining of our society’s sense of human ered embryonic stem cells, said in ref- Gerald Fischbach, Dean of the Faculty dignity, and in doing so, it undermines erence to therapeutic cloning, ‘‘The of Medicine at Columbia University our very humanity. poor availability of human oocytes, the Medical School and former head of Again, I urge a vote in favor of the low efficiency of the nuclear transfer NIH’s National Institute of Neuro- rule, against the substitute amend- procedure and the long population-dou- logical Disorders and Strokes, he wrote ment, and in favor of H.R. 534. bling time of human embryonic stem the following about this issue: ‘‘A less Mr. MCGOVERN. Mr. Speaker, may I cells make it difficult to envision this obvious, but real, cost is the damage to inquire from the gentlewoman from becoming a routine clinical proce- the fabric of America’s extraordinary North Carolina (Mrs. MYRICK) how dure.’’ culture of inquiry and technical devel- many more speakers she has. Opening the door to therapeutic opment in biomedical research. If revo- Mrs. MYRICK. At this point, I only cloning will only result in a slippery lutionary new therapies are delayed or have two that are here. I have some slope of unscrupulous science and un- outlawed, we could be set back for others signed up, but they are not here enforceable law. years, if not decades.’’ yet. I only have two more. On the other hand, adult stem cells It is appropriate that policymakers Mr. MCGOVERN. Mr. Speaker, I yield have produced promising medical re- scrutinize cutting-edge science. We 1 minute to the gentlewoman from sults. These stem cells do not require must ensure that research is conducted California (Ms. LOFGREN). the cloning or destruction of human in a legal and ethical manner, but the Ms. LOFGREN. Mr. Speaker, I think embryos and have been successful in underlying bill goes too far. it is important to note that much of many human applications without the A more appropriate approach is the what has been said today in support of growth of tumors, which is a key defect Greenwood-Deutsch substitute, and this bill has nothing to do with pro- in the use of cloned embryos. that bill will allow potentially life-sav- tecting the country from the ills out- Last year, in fact, researchers at the ing research to proceed while banning lined. University of Minnesota announced human reproductive cloning. What is somatic cell nuclear trans- that they had made a discovery involv- I know something about the suffering fer? A woman donates an egg, a patient ing an adult human stem cell that has of millions of American families as donates a skin cell. Perhaps the nu- the potential to develop into many dif- their loved ones struggle against dis- cleus is removed from the egg. The ferent types of cells in the human ease for which research cloning may DNA from the skin cell is inserted into body. What that means is it now seems one day offer a treatment or cure. My the egg. The egg is stimulated to divide entirely possible and reasonable that own father battled against Parkinson’s into eight cells, and those are the stem cells from one of our own, our own until he passed away this year, and I cells. body, can then be coaxed into replace- cannot in good conscience tell those What has been talked about in terms ment of organs or tissues that exactly families that our society will benefit of embryo experimentation is certainly match our own body that it was taken from an outright ban on this vital re- legal if this bill were to pass and in- from. search. stead of a skin cell there was a sperm Using adult stem cells, for example, a I urge my colleagues to oppose H.R. that began that cell division, if we had man named Dean Grimm of Charlotte, 534 and to support the substitute. in vitro fertilization, we could experi- Iowa, regained his sight after having Mrs. MYRICK. Mr. Speaker, I yield 3 ment all we wanted. been blind due to a chemical accident minutes to the gentleman from Indiana So I think where we are going with in 1983. His physician implanted adult (Mr. PENCE). this proposal is apparently a plan to stem cells and also three new corneas. (Mr. PENCE asked and was given per- outlaw in vitro fertilization in the Now after being blind so many years he mission to revise and extend his re- United States. I think we ought to be can see, and his sons say that since his marks.) clear about that. dad has regained his sight, he and his Mr. PENCE. Mr. Speaker, I rise in Mrs. MYRICK. Mr. Speaker, I yield 3 siblings cannot get away with a lot of strong and grateful support for the minutes to the gentleman from Mis- stuff. Human Cloning Prohibition Act and for souri (Mr. AKIN). A ban on therapeutic cloning will not the extraordinary efforts of my col- (Mr. AKIN asked and was given per- restrict science, but it will deter the league, the gentleman from Florida mission to revise and extend his re- perversion of scientific research. I urge (Mr. WELDON), in conceiving of and pro- marks.) my colleagues to vote in favor of the moting this bill over the last several Mr. AKIN. Mr. Speaker, I, in earlier rule for H.R. 534. years. days in my life, used to go out to junk- Mr. MCGOVERN. Mr. Speaker, I yield I also urge opposition to the sub- yards sometimes to find parts for my 2 minutes to the gentlewoman from stitute, despite the fact that I know it sports car, go out with some wrenches, New York (Mrs. MALONEY). is well intended, and my colleagues on and we would take off a transmission Mrs. MALONEY. Mr. Speaker, I the Committee on the Judiciary, with or an alternator or something like thank the gentleman for his leadership, whom I serve, I know bring great pas- that. And of course, there is nothing and I thank him for yielding me the sion and compassion to these issues.

VerDate Jan 31 2003 23:40 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.011 H27PT1 February 27, 2003 CONGRESSIONAL RECORD — HOUSE H1405 I rise today, Mr. Speaker, not to Drug Policy and Human Resources held Mrs. MYRICK. Mr. Speaker, I am demagogue an issue and not to vilify a hearing on human cloning. The sub- pleased to yield 5 minutes to the gen- those who would differ with me but to committee was informed that research tleman from Florida (Mr. WELDON), the offer a gentle but firm endorsement of cloning of humans was unnecessary due author of this legislation. a clean ban of human cloning in all of to the exciting medical breakthroughs Mr. WELDON of Florida. Mr. Speak- its permutations. utilizing adult stem cells and other er, I thank the gentlewoman for yield- Like virtually everyone in this insti- ethical avenues of research. We were ing me this time. tution and everyone, as the previous told that scientists agree that cloning Mr. Speaker, I think this is a good, speaker just said, opposed the idea of is dangerous and clones suffer from fair rule. It allows an honest debate of reproductive human cloning. We see it countless severe genetic disorders. the issues. As many of my colleagues as deeply, morally offensive and objec- The Department of Justice informed know, I am a physician. I still see pa- tionable, and so it is. But I would also us that it would be impossible to en- tients once a month at the veterans offer, in a spirit of humility, Mr. force a bill that allowed human cloning clinic in my congressional district, and Speaker, that even that which is called for the purpose of research and not re- I practiced medicine for 15 years before therapeutic cloning or the cloning only production. And we were warned by Dr. I was elected to the House of Rep- of nascent human life for the purpose Zavos of Kentucky that unless a ban on resentatives. I took care of a lot of pa- of experimentation is also deeply, mor- human cloning was enacted, he and tients with paralysis, Parkinson’s dis- ally problematic and that we derive other rogue scientists would soon suc- ease, diabetes, and Alzheimer’s disease. this from two basic principles from an cessfully clone humans. I saw firsthand on a daily basis the understanding of the history of West- Despite these warnings, researchers hardship those people and their fami- ern civilization. seeking to clone humans for research lies went through. That first principle is that which has make hollow promises and offer false Indeed, I wanted to share with all my distinguished Western civilization, hope that such research will result in colleagues that my father died of com- with very few exceptions, has been our cures for numerous human ailments. plications of diabetes disease. I had six belief in the sanctity of human life, in The fact is human cloning is never nec- uncles. When I was growing up as a kid, the uniqueness and the preciousness of essary regardless of its intent, and bet- one of my favorite uncles was my each and every individual human ter ethical research alternatives do Uncle John. He died of complications of being. That has been something char- exist. Parkinson’s disease. So if there were acteristic of Western civilization, and Nearly every week, for example, new evidence to support the position being it has caused the laws of this Nation scientific breakthroughs utilizing held by some people in this body and and the laws of every nation of Western adult stem cells are announced. Re- some people in the scientific commu- civilization since its genesis 3,000 years searchers report that they have grown nity that there was great potential ago to ever back slowly and respect- an entire organ from adult stem cells. from therapeutic cloning, I would be fully away where human life is in ques- And just this week, scientists have an- the first to admit it. I would be the tion and where the depriving of human nounced that a type of cell found in first person to acknowledge it. I could life is involved. blood can be turned into nearly any not deny it because it would be evident Against that backdrop, not only does cell in the body. in the medical literature. But the fact history teach us to back away from the These findings and others like them of the matter is, the evidence is not awesome power of human life, but it suggest that every one of us may carry there. also teaches us not to trust govern- our own ‘‘repair kit’’ that can be used What we are debating today is the ment power; and, in fact, an undeniable to treat countless medical disorders ethical parameters on the whole issue truth of history has been that time and and genetic diseases by allowing doc- of regenerative medicine. For decades, time again, each time government had tors to regrow organs and tissues from doctors have had at their disposal sur- the power to intrude itself on human our own cells. And unlike destructive gical techniques to help people and life, that it abused that power and human cloning research that remains make them well. They have had medi- often trampled on human beings and entirely speculative, adult stem cell cations, drugs that they could use to classes of human beings and races of therapies are already currently being make people well. And in the past 20 human beings. used to treat a host of medical condi- years, they have been making use of It is against that spirit and against tions. something called regenerative medi- putting us on that slippery slope that I There are no guarantees that allow- cine using what is called stem cells. believe that the gentleman from Flor- ing human cloning for research will This bill, contrary to what some people ida (Mr. WELDON) has the right pre- produce cures or that cloned embryos say, does not ban stem cell research. It scription here, Mr. Speaker, and we will not be misused for other purposes. does not ban embryo stem cell re- should draw a strong line in the sand, If we now permit the manufacturing of search. It specifically bans the creation a moral line that says, as we look at human embryos for human research, of cloned human embryos. human life or even nascent human life, where do we draw the line? Do we only We voted on this very issue. We de- wherever one determines that life be- allow cloned embryos to grow for 5 bated this issue on the floor of this gins, that we would back slowly and days before they are destroyed in the House a year and a half ago. It was humbly away, ban human cloning for process of extracting their stem cells? July of 2001. The progression of science all of its purposes, ban all development What about removing tissue from 5- is something that we need to include in this debate. I went through the medical of human life for experimentation and week-old embryos? Should we consider literature just about the last 12 destruction. harvesting the organs from 5-month- old fetuses? What will those who sup- months; and I have about 88 studies b 1400 port destructive research claim is nec- showing adult stem cells in humans As the Good Book says, ‘‘I set before essary next to advance science? and that they have tremendous poten- you today life and blessings, death and We must finally draw the line and tial, that they are actually finding ap- destruction. Now choose life.’’ And it is stop the exploitation of all forms of plication in the treatment of 45 dif- my hope and confidence we will do so human life. The science is clear. So is ferent diseases. today. the moral issue. In my favorite movie, Mr. Speaker, I wish I could produce a Mr. MCGOVERN. Mr. Speaker, I re- ‘‘Rudy,’’ a great scene has the priest study that shows that therapeutic serve the balance of my time. telling Rudy there are two things in cloning in humans has potential, but Mrs. MYRICK. Mr. Speaker, I yield 3 life he knows for sure, one is that there there is not even one study. Indeed, I minutes to the gentleman from Indiana is a God, and, secondly, that he is not wish I could introduce a study that (Mr. SOUDER). God. shows that therapeutic cloning in ani- (Mr. SOUDER asked and was given Mr. Speaker, I would urge my col- mals has potential; but, likewise, there permission to revise and extend his re- leagues to vote for the Weldon-Stupak is not a single study even in animals. It marks.) bill. has been tried in mice, and it has not Mr. SOUDER. Mr. Speaker, last May, Mr. MCGOVERN. Mr. Speaker, I re- worked. Therapeutic cloning has never the Subcommittee on Criminal Justice, serve the balance of my time. been done.

VerDate Jan 31 2003 23:40 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.013 H27PT1 H1406 CONGRESSIONAL RECORD — HOUSE February 27, 2003 We are debating here on the floor of go unaddressed by this body, our bro- of Americans, without this bill even the House therapeutic cloning as ken health care system, a lack of edu- going through the committee proce- though therapeutic cloning exists, as cation funding, fears of Social Security dure. though it is around the corner. Let us insolvency and a soaring economy, why Mrs. MYRICK. Mr. Speaker, I yield 2 get realistic here. People are going to are we spending time criminalizing minutes to the gentleman from Geor- come to the floor, and they are going promising medical research and threat- gia (Mr. GINGREY). to suggest that we have to hold out ening to send doctors to jail for 10 Mr. GINGREY. Mr. Speaker, I thank therapeutic cloning because it is the years? the gentlewoman for yielding me this only hope for these people. We are This bill does not regulate the way time, and I rise today in support of this funding NIH $27 billion a year. We have that Federal funds are spent on med- rule and I urge its passage. thousands of researchers all over the ical research. It makes medical re- Mr. Speaker, we are doing the right Nation doing all kinds of research search or treatments using therapeutic thing here today. It is my belief, as an using all kinds of modalities, surgeries, cloning a Federal crime. The role of OB-GYN physician for over 28 years, therapies, medications; and this regen- our government is to provide research with over 5,000 deliveries, that human erative medicine issue is one little achievements and to provide incuba- cloning is not only morally wrong but slice of what researchers are exploring tors for medical and scientific break- it is also a very dangerous practice. to help these people with these condi- throughs. It is not our job to crim- Human cloning for reproduction tions. We are essentially debating a inalize good doctors or to force leaders poses serious risks of producing chil- subsegment of that. And some people in medical research to abandon prom- dren who are stillborn, severely mal- will come down here and hold that up ising techniques. formed, or disabled. We can make this as though it is the only thing out According to the National Institutes assertion because most cloned animals there. of Health, which advises us on a daily have demonstrated serious genetic de- Let us get realistic. It has never been basis, therapeutic cloning could pro- fects. The most high-profile example, done. They tried it in mice, and it was vide treatments for Parkinson’s dis- of course, is Dolly the sheep, with the published in ‘‘Cell.’’ For those who do ease, chronic heart failure, in-stage premature aging situation. kidney disease, liver failure, rheu- not read the scientific literature, this b 1415 is one of the most prestigious journals matoid arthritis, osteoporosis, severe that cell biologists read. I will quote burns, spinal cord injuries, multiple With this knowledge, would we wish from the study. It says: ‘‘Our results sclerosis, Alzheimer’s disease, diabetes, to create these hardships for even one raise the provocative possibility that lupus, heart damage, cancer, paralyzed child? even genetically matched cells derived limbs, and Lou Gehrig’s disease. There I also oppose cloning embryos for re- by therapeutic cloning may still face is even the hope this research could search because it is a very short bridge barriers to effective transplantation lead to entire transplantable organs. to implantation and, thus, reproduc- for some disorders.’’ They tried thera- Forty Nobel laureates, millions of pa- tive cloning. If we allow human embryo peutic cloning in a mouse model of dis- tients, former First Lady Nancy farms for research, it will become im- ease and it failed dismally. So not only Reagan, and former President Gerald possible to enforce a ban on reproduc- can we not produce a study that shows Ford advocate human cloning. In fact, tive cloning. that it works, we can produce studies just last month, Mrs. Reagan wrote to Although I fully support this rule and that show that it does not work. Senator HATCH, the Chair of the Senate H.R. 534, I do have concerns about the I think the time has arrived for us to Committee on the Judiciary, sup- bill. The creation and destruction of do the right thing. This is a moral and porting therapeutic cloning. human life is the most serious issue ethical decision. We are talking about Despite the arrogant amendment that we can face. Therefore, if it is un- scientists creating human embryos for that only this Committee on Rules acceptable to participate in human the purpose of exploiting them and de- would ever give to anyone, because it is cloning within the United States, then stroying them, and there is no sci- the height of arrogance, this bill tells we should extend this ban and prohibit entific evidence today that this is jus- us that they want to ban cloning, United States researchers from partici- tifiable. therapeutic cloning, not just here but pating in human cloning outside of the Mr. Speaker, I will include for the all over the world. My, what a reach we United States as well. U.S. law when RECORD the studies I referred to above. do have. enacted is assumed not to apply to citi- PARLIAMENTARY INQUIRY The promising research that we are zens when they are outside of the Mr. MCGOVERN. Parliamentary in- trying to stop today will be driven United States borders. In other words, quiry, Mr. Speaker. overseas where therapeutic cloning is there is an ‘‘assumptive nonapplica- The SPEAKER pro tempore (Mr. not only legal but is government fund- tion.’’ However, the courts have held SWEENEY). The gentleman will state his ed. Other countries will become the when Congress acts to explicitly apply parliamentary inquiry. world leaders in these treatments. United States law to citizens acting Mr. MCGOVERN. Mr. Speaker, I won- As a scientist, and I am, I am pro- outside of our borders, the justice sys- der if the Chair can inform me how foundly concerned about what I hear as tem can prosecute these actions. much it will cost the American tax- very bad science on this floor. Sick H.R. 534 is a good bill, but in the fu- payer to reprint the several months of Americans would not benefit from the ture we should seek to extend the ban studies that have just been submitted American miracles if they occurred in to prohibit United States citizens from for the RECORD? another country because the legisla- performing human cloning outside of The SPEAKER pro tempore. The tion prohibits improving lifesaving our borders. Chair would inform the gentleman that medical technology if the treatment is Mr. MCGOVERN. Mr. Speaker, I yield that is not a parliamentary inquiry. developed by therapeutic cloning. If myself the balance of my time. Mr. MCGOVERN. Mr. Speaker, I yield scientists overseas develop a cure for Mr. Speaker, the cloning of a human 3 minutes to the gentlewoman from Parkinson’s disease using stem cells being is wrong, and this body and the New York (Ms. SLAUGHTER). from therapeutic cloning, suffering American public should not stand for Ms. SLAUGHTER. Mr. Speaker, I Americans would be banned by their it. But that is not what this debate is thank the gentleman from Massachu- government from taking advantage of about. The Weldon bill is misguided, it setts for yielding me this time. I very that cure here in the United States. is unnecessary, and it is just plain bad much want to rise and join my col- Imagine that. We want to criminalize policy and it should be defeated. It is leagues in opposition to this rule and almost everybody. misguided because it will stifle and end to the underlying bill. Once again, Mr. Speaker, the major- research that will undoubtedly improve Mr. Speaker, why would Members of ity weakens this noble institution and and save human lives. Should sci- Congress want to turn doctors into the deliberative process. It is a shame entists have given up on finding a cure criminals and treat medical research- and a blight on Congress that we would for polio merely because they had al- ers like outlaws? With all the grave even bring a bill of this magnitude, af- ready developed the iron lung? Of issues facing America that continue to fecting the life and health of millions course not. With all due respect to the

VerDate Jan 31 2003 23:40 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.018 H27PT1 February 27, 2003 CONGRESSIONAL RECORD — HOUSE H1407 author of this legislation, there are Clinical research using cloning technology and Review of FDA’s Center for Biologics other physicians, many, and there are to clone a human being is subject to FDA Evaluation and Research. scientists, many, who believe in the regulation under the Public Health Service Sincerely yours, promise of therapeutic cloning. The Act and the Federal Food, Drug, and Cos- KATHRYN C. ZOON, Director, National Academy of Sciences sees the metic Act. Under these statutes and FDA’s implementing regulations, before such re- Center for Biologics Evaluation and Research. value in therapeutic cloning. Forty search may begin, the sponsor of the re- Mr. Speaker, I yield back the balance Nobel laureates all support going for- search is required to: submit to FDA an IND of my time. ward with therapeutic cloning. describing the proposed research plan; obtain Mrs. MYRICK. Mr. Speaker, I yield The Weldon bill is unnecessary be- authorization from a properly constituted back the balance of my time, and I cause the Food and Drug Administra- institutional review board (IRB); and obtain move the previous question on the res- tion has already declared reproductive a commitment from the investigators to ob- tain informed consent from all human sub- olution. cloning illegal and subject to prosecu- The previous question was ordered. tion under current law. Dr. Kathryn jects of the research. Such research may pro- ceed only when an IND is in effect. Since the The resolution was agreed to. Zoon, the director of the Center for A motion to reconsider was laid on Biologics Evaluation and Research at FDA believes that there are major unre- solved safety questions pertaining to the use the table. the FDA, wrote in a March 28, 2001, let- of cloning technology to clone a human The SPEAKER pro tempore (Mrs. ter that, quote, clinical research using being, until those questions are appro- MYRICK). Pursuant to House Resolution cloning technology to clone a human priately addressed in an IND, FDA would not 105 and rule XVIII, the Chair declares being may not proceed without an in- permit any such investigation to proceed. the House in the Committee of the vestigational new drug application and FDA may prohibit a sponsor from con- Whole House on the State of the Union that, given unresolved safety ques- ducting a study proposed in an IND applica- for the consideration of the bill, H.R. tions, the FDA would not permit any tion (often referred to as placing the study 534. such investigation to proceed. on ‘‘clinical hold’’) for a variety of reasons. The letter works. No individual and If the Agency finds that ‘‘human subjects are b 1420 no group has tried to clone a human or would be exposed to an unreasonable and IN THE COMMITTEE OF THE WHOLE being in the United States for fear of significant risk of illness or injury,’’ that Accordingly, the House resolved prosecution by the FDA. would be sufficient reason to put a study on itself into the Committee of the Whole But having said that, if this bill were clinical hold. Other reasons listed in the reg- House on the State of the Union for the only about banning human cloning, I ulations include ‘‘the IND does not contain consideration of the bill (H.R. 534) to sufficient information required to assess the would be for it. I think it would pass risks to subjects of the proposed studies,’’ or amend title 18, United States Code, to almost unanimously, if not unani- ‘‘the clinical investigators are not qualified prohibit human cloning, with Mr. mously, in this House. But this bill by reason of their scientific training and ex- SWEENEY in the chair. goes much farther than that. The perience to conduct the investigation.’’ The Clerk read the title of the bill. The CHAIRMAN. Pursuant to the Weldon bill is bad policy because in my The procedures and requirements gov- opinion it is cruel. Remember the erning the use of investigational new drugs, rule, the bill is considered as having words of Nancy Reagan. She wrote, including those for the submission and re- been read the first time. there are so many diseases that can be view of INDs, are set forth in Title 21 of the Under the rule, the gentleman from cured or at least helped that we can’t Code of Federal Regulations (CFR), Part 312. Wisconsin (Mr. SENSENBRENNER) and turn our back on this. We have lost so Additional responsibilities of the sponsor of the gentlewoman from California (Ms. much time already. I can’t bear to lose an IND include: selecting qualified investiga- LOFGREN) each will control 30 minutes. any more. tors and overseeing the conduct of the inves- The Chair recognizes the gentleman It is cruel to deny potential cures to tigators; ensuring that the investigations from Wisconsin (Mr. SENSENBRENNER). are performed in accordance with the proto- people who suffer from Alzheimer’s or Mr. SENSENBRENNER. Mr. Chair- cols of the IND; submitting adverse experi- man, I yield myself such time as I may Parkinson’s disease. It is cruel to legis- ence reports and annual reports; and other late that a cure for diabetes developed duties as outlined in the regulations. The re- consume. in Great Britain may not be used to sponsibilities of an investigator include: en- Mr. Chairman, I rise in support of cure diabetes in this country if thera- suring that the study is conducted in accord- H.R. 534, the Human Cloning Prohibi- peutic cloning were used to find a cure ance with the protocols; obtaining informed tion Act of 2003. This bill criminalizes to that problem. But that is just what consent from study participants; and ensur- the act of cloning humans, importing the Weldon bill does. ing that an IRB that complies with the re- cloned humans and importing products I would urge my colleagues to sup- quirements of 21 CFR Part 56 reviews and ap- derived from cloned humans. It is what proves the proposed clinical study and the port the Greenwood-Deutsch sub- is needed, and it is what President informed consent form and procedures for Bush has asked for, a comprehensive stitute. If that fails, please defeat the obtaining informed consent, among other re- Weldon bill. quirements specified in the regulations. ban against cloning people. It has bi- partisan cosponsorship and was re- Mr. Speaker, I include Dr. Zoon’s let- Clinical investigators are encouraged to ter for the RECORD. ported favorably by the Committee on obtain a copy of the current ‘‘Information the Judiciary on February 12. The text of the letter is as follows: Sheets for IRBs and Clinical Investigators’’ Today we are considering more than DEPARTMENT OF HEALTH AND HUMAN (which contains useful information regard- SERVICES, PUBLIC HEALTH SERV- ing clinical investigations) from CBER’s the moral and ethical issues raised by ICE, FOOD AND DRUG ADMINISTRA- Manufacturers Assistance and Technical human cloning. This vote is about pro- TION, Training Branch at 1–800–835–4709. This docu- viding moral leadership for a watching Rockville, MD, March 28, 2001. ment is also available at http://www.fda.gov/ world. We have the largest and most DEAR: The purpose of this letter is to re- oc/oha/irb/toc.html. powerful research community on the mind your organization and its members Additional information on how to submit face of the earth and we devote more that the Food and Drug Administration an IND can be found on CBER’s website at: money to research and development (FDA) has jurisdiction over clinical research http://www.fda/gov/cber/ind/ind.htm. Copies using cloning technology to clone a human than any other nation in the world. Al- of the relevant sections of 21 CFR, including being, and to inform you of the FDA regu- though many other nations have al- Parts 50 (Protection of Human Subjects), 56 latory process that is required. You are re- ready taken steps to ban human (Institutional Review Boards), and 312 (In- ceiving this letter because of a number of re- cloning, the world is waiting for the vestigational New Drug Application) can be cent reports in the media describing the use United States to set the moral tone found at: http://www.gpo.gov/nara/cfr. Infor- of cloning technology to clone human beings. mation on ways to communicate with CBER against this experimentation. As described more fully below, the appro- is available for you or members of the asso- Currently in the United States there priate mechanism to pursue such clinical in- ciation at: http://www.fda.gov/cber/ are no clear rules or regulations over vestigation using cloning technology is the pubinquire.htm. privately funded human cloning. Al- submission of an investigational new drug application (IND) to FDA’s Center for Bio- We encourage your members to meet with though the FDA has announced it has logics Evaluation and Research (CBER). the Agency prior to submitting any IND ap- the authority to regulate human Please inform the members of your organiza- plication. Such a meeting would be arranged cloning through the Public Health tion of the information provided below. through the Office of Therapeutics Research Service Act and the Food, Drug and

VerDate Jan 31 2003 23:40 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.021 H27PT1 H1408 CONGRESSIONAL RECORD — HOUSE February 27, 2003 Cosmetic Act, this authority is unclear As most people know, Dolly the want to impose their religious beliefs and has not been tested. The fact of the sheep was cloned in 1996. Since that on the entire country. matter is that the FDA cannot stop time, scientists from around the globe b 1430 human cloning, it can only begin to have experimentally cloned a number regulate it. This will be a day late and of monkeys, mice, cows, goats, lambs, This country reflects the diverse reli- a dollar short for a clone that is used bulls and pigs. It took 277 attempts to gious beliefs found all over the world. for research, harvesting organs, or born clone Dolly; 276 failures before success. Some, like the authors of this bill, be- grotesquely deformed. These later experiments also produced lieve that all cloning is wrong. Others In November 2001, researchers at Ad- a very low rate of success, a dismal 3 believe that research cloning should be vanced Cell Technology in Worcester, percent. Now some of the same sci- allowed. These are all legitimate views, Massachusetts announced that they entists would like to add people, but I think it is wrong to use the polit- had cloned the first human embryo. human beings, to this experimental ical power of one group to criminalize Others have indicated that they are list. As it turns out, Dolly the sheep the beliefs of another. prepared to utilize existing technology was also a failure. It just took 6 years To better understand the real issue to clone a human baby. On December to realize it. On February 14, Dolly the involved in this debate, it is important 26, 2002, Clonaid announced the birth of sheep was euthanized as a result of to understand what research cloning is. the first cloned human baby. Although complications linked to what some ge- Somatic cell nuclear transfer has six the Clonaid announcement appears to neticists are speculating were signs of steps: a woman donates an egg; a pa- have been a hoax, there are a growing premature aging. tient donates a somatic cell, like a number of individuals who claim that Human cloning is both ethically and skin cell; the nucleus is removed from they can and will clone a human being. morally offensive. It diminishes the the egg; the nucleus from the patient’s In light of these announcements, it has careful balance of humanity that na- skin cell is inserted into the egg; the become imperative that the Congress ture has installed in each of us. I be- egg is then stimulated to induce it to act immediately to prevent the cloning lieve we need to send a clear and dis- divide; the egg begins to divide, cre- of human embryos from continuing. ating stem cells that are identical to Others argue that cloned humans are tinct message to the watching world that America will not permit human the patient’s own cells. the key that will unlock the door to So we are talking about the creation medical achievements in the 21st cen- cloning and that it does not support scientific research into cloning human of cells in a petri dish, not bringing a tury. Nothing could be further from child into this world. That is why re- the truth. These miraculous achieve- embryos. This bill sends this message, by permitting cloning research on search cloning is supported by some of ments may be found through stem cell the most ardent pro-life conservatives research but not from cloning. Let me human DNA molecules, cells, tissues, organs, or animals but preventing the like Senator ORRIN HATCH and former be perfectly clear. H.R. 534 does not in Senator Connie Mack, who said, ‘‘Any- any way impede or prohibit stem cell creation of cloned human embryos. Mr. Chairman, I urge all Members to one who would ban research on embry- research that does not require cloned onic stem cells will be responsible for human embryos. This debate is wheth- unequivocally say no to human cloning by supporting H.R. 534. Stop human harm done to real live postnatal sen- er or not it should be legal in the tient beings who might be helped by United States to clone human beings. cloning and preserve the integrity of mankind and allow legitimate sci- this research.’’ Nothing more and nothing less. Why is this process important? Sci- While H.R. 534 does not prohibit the entific research to continue. entists believe that these stem cells use of cloning techniques to produce Mr. Chairman, I reserve the balance are less likely to be rejected after molecules, tissues, organs, plants, DNA of my time. cells other than human embryos, and Ms. LOFGREN. Mr. Chairman, I yield transplant since they have the same animals other than humans, it does myself such time as I may consume. genetic properties as the recipient. prohibit the creation of cloned em- Mr. Chairman, I, like the authors of They could also help scientists learn bryos. This is absolutely necessary to H.R. 534, believe that we should outlaw why diseases occur. They also have im- prevent human cloning because, as we human cloning. If we wanted to pass a portant advantages over adult stem all know, embryos become people. If bill that only prohibits human cloning, cells which cannot develop into as scientists were permitted to clone em- it would sail through Congress on a many cell types and which cannot be bryos, they would eventually be stock- voice vote. But this bill goes too far. It generated in the same quantities in the piled and mass marketed. In addition, halts the progress of medical research lab. That is why this bill is opposed by it would be impossible to enforce a ban by banning somatic cell nuclear trans- almost every organization representing on human reproductive cloning. Let me fer for research and medical treat- patients and researchers, including Ju- repeat that. It would be impossible to ments. This research has promise for venile Diabetes Research Foundation, enforce a ban on human reproductive diseases like Alzheimer’s, Parkinson’s, the Cancer Research and Prevention cloning because once a cloned human diabetes and others. This bill criminal- Foundation, the Biotechnology Indus- embryo is implanted into a woman’s izes a scientific research process that try Association, the Society for Wom- uterus, it can grow and become a baby. takes place in a petri dish, regardless en’s Health Research, the Coalition for Therefore, any legislative attempt to of the intent of the researcher or the the Advancement of Medical Research, ban human cloning must include em- inability of this process to result in the and the Alliance for Aging Research. bryos. birth of a cloned child. The penalty for I have heard the words that we are Should human cloning ever prove violating these provisions includes going down a ‘‘slippery slope’’ used by successful, its potential applications sanctions of a criminal fine and/or im- the proponents of this bill, but in fact and expected demands would undoubt- prisonment for up to 10 years and a the slippery slope is that being sug- edly and ultimately lead to a world- civil penalty of at least $1 million. This gested by those who call six cells in a wide mass market for human clones. would represent an unprecedented in- petri dish the equivalent of me or my Human clones would be used for med- trusion of the criminal law into the mother. If it is murder to use somatic ical experimentation, leading to scientific process. cell transfer and to create six cells for human exploitation under the good I think the science teachers of Amer- research purposes, then it must also be name of medicine. Parents would want ica may be pretty appalled at what mass murder to have in vitro fertiliza- the best genes for their children, cre- they hear and see on this floor today. I tion and discard the cells that are not ating a market for human designer think much that has been said and will later utilized by the couple using IVF. genes. Again, governments would have be said reflects a profound ignorance So the slippery slope is to eliminate in to weigh in and decide questions such about the science, about the current vitro fertilization in this country. as what rights do human clones hold, role of the FDA in their regulatory This debate really boils down to one who is responsible for them, who will practices, but also Americans need to question: Should an embryonic stem ensure their health, and what inter- ask themselves why the proponents of cell with no central nervous system, no action will clones have with their gene- this bill want to ban this research, and chance of developing into a fetus have alogical parent. I think the answer is simple: They the same rights as a child suffering

VerDate Jan 31 2003 23:40 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.023 H27PT1 February 27, 2003 CONGRESSIONAL RECORD — HOUSE H1409 from juvenile diabetes? I do not think progress. I believe this relatively new tion of their religious beliefs on others so. I urge you not to rob sick Ameri- area of research, Mr. Chairman, de- using $1 million fines and 10-year pris- cans of their hope for a cure. serves appropriate funding and nec- on sentences. In fact, there are many Mr. Chairman, I reserve the balance essary scientific resources to discover other religious perspectives that dis- of my time. its complete potential. To divert re- agree with the religious perspective ANNOUNCEMENT BY THE CHAIRMAN sources from this promising research that is the only justification for this The CHAIRMAN. The Chair reminds to controversial procedures, such as bill. the Members that it is not in order to therapeutic cloning, may inadvertently As the Union of Orthodox Jewish cite the views of sitting Senators. push an effective cure farther out of Congregations and the Rabbinical Mr. SENSENBRENNER. Mr. Chair- reach. Council of America put it in a letter to man, I yield 3 minutes to the gen- I urge my colleagues to support H.R. President Bush: ‘‘The potential to save tleman from North Carolina (Mr. 534, Mr. Chairman. and heal human lives is an integral COBLE). Ms. LOFGREN. Mr. Chairman, I yield part of valuing human life from the Mr. COBLE. Mr. Chairman, I thank 5 minutes to the gentleman from New traditional Jewish perspective. More- the gentleman from Wisconsin (Mr. York (Mr. NADLER), my colleague on over, our rabbinic authorities inform SENSENBRENNER), our chairman, for the Committee on the Judiciary. us that an isolated fertilized egg does yielding me this time. Mr. NADLER. Mr. Chairman, I rise in not enjoy the full status of personhood Mr. Chairman, the manufacture of opposition to this dangerous and ill and its attendant protections. Thus, if cloned human beings alarms an over- considered legislation. Rather than embryonic stem cell research can help whelming majority of Americans. The protecting the sanctity of human life, us preserve and heal humans with theoretical discussion surrounding the this legislation will needlessly sen- greater success and does not require or cloning of humans has raised profound tence untold generations of innocent encourage the destruction of life in the ethical and legal issues. Currently, no human beings to premature death and process, it ought to be pursued.’’ This clear regulations exist in the United lifetimes of suffering. There is no dis- opinion comes from a religious commu- States that would prevent a private agreement that it is immoral to use nity that does not favor legalized abor- group from attempting to create a cloning to create human beings and tion, which should put to rest the view human clone. H.R. 534 would prevent that that ought to be prohibited. The that this is a debate about abortion. It experimental procedures that the Na- evidence from research involving is not. It is rather a debate about tional Bioethics Advisory Commission, cloned animals is that such efforts can whether anyone should be allowed to the NBAC, called scientifically and result in severe deformities, premature use our criminal laws to impose their ethically objectionable. The NBAC aging and death. It is wrong to will- particular religious view on the vast unanimously concluded that given the fully inflict this kind of suffering on majority of Americans who may not state of science, ‘‘any attempt to cre- people and it should not be permitted. share that moral or religious outlook. ate a child using somatic cell nuclear If this bill prohibited only that kind of Muslim groups, Mormons, some transfer, whether in the public or pri- activity, we would have no disagree- mainline Protestant denominations in- vate sector, is uncertain in its out- ment and no debate. cluding the United Church of Christ come, is unacceptably dangerous to the It is precisely because we abhor the and the Presbyterian Church (USA) fetus and, therefore, morally unaccept- suffering that would result from using support stem cell research. It is wrong able.’’ In fact, virtually every widely cloning techniques for human repro- to cause so much suffering in the name known and respected organization that duction that it is also clearly immoral of protecting the sanctity of human has taken a position on reproductive to criminalize using so-called thera- life. It is especially wrong to use the human cloning flatly opposes the no- peutic cloning, which scientists call so- criminal code to impose that narrowly tion because of the extreme ethical and matic cell nuclear transfer, for medical held view on the innocent and the vul- moral concerns. research and medical treatment. The nerable. It is said that therapeutic Cloning of human beings carries mas- fruits of this research promise cures for cloning has nothing to do with the sive risks of producing unhealthy, ab- Parkinson’s disease, chronic heart dis- therapeutic use of stem cells, but it normal, malformed children. The only ease, rheumatoid arthritis, spinal cord may very well be that only embryonic way to prevent this from happening is injuries, Alzheimer’s disease, Hunting- stem cells produced by therapeutic to adopt the restrictions on human ton’s disease, brain damage, lupus, cloning can overcome the body’s im- cloning set forth in H.R. 534. As Pro- combined immunodeficiency, Tay- mune defenses in order to be able to fessor Bradley of the Notre Dame Sachs, and sickle cell disease, to name cure a disease; and the same people School of Law testified last Congress, just a few. who oppose therapeutic cloning oppose ‘‘The only effective way to prohibit We will hear that we must make the use of embryonic stem cells for the human reproductive cloning is to pro- criminal the creation of human life in same reason: their religious view that hibit all human cloning.’’ Any other order to destroy that human life to the several-celled embryo from which approach would allow for stockpiles of produce stem cells. But that assumes the embryonic stem cells are derived is cloned human embryos to be produced, that a one-celled organism or a sev- a human being. They are entitled to bought, and sold without restrictions. eral-celled embryo is a human being. If their belief. They are not entitled to Implantation of cloned embryos, a rel- it is, then therapeutic cloning is im- impose that religious belief on the en- atively simple procedure, would inevi- moral. If a several-celled embryo is not tire country at the cost of who-knows- tably occur. Attempts to enforce a a human being, then therapeutic how-many lives. cloning ban would prove virtually im- cloning is not only not immoral but is It is said that allowing therapeutic possible to monitor. The last time Con- profoundly moral, as it will be used to cloning will inevitably lead to repro- gress dealt with the issue of human save and prolong human lives. ductive cloning, but research and med- cloning, an editorial in the Washington So what is this bill really about? It ical practice can be regulated and can Post stated: ‘‘It is unnecessary to be would write into our criminal law a be policed. We have heard today that against abortion rights or to believe particular religious view that holds this is a moral question. Yes, in part. human life literally begins at concep- that a few cells in a petri dish are It is immoral to prohibit medical re- tion to be deeply alarmed by the notion moral equivalents to a fully developed search and treatment that can save of scientists purposely causing concep- human being or in fact a human being, lives. It is immoral to make it crimi- tions in a context entirely divorced and that no benefit to those suffering nal, as this bill would do, to import a from even the potential of reproduc- and dying from terrible diseases would cancer vaccine from a foreign country tion.’’ The editorial went on to charac- justify such research, would justify the if that vaccine was produced through terize the creation of embryos solely destruction of a several-celled embryo. therapeutic cloning in a foreign coun- for research as unconscionable. People are certainly entitled to their try. And it is immorally arrogant, It is important to note that research religious beliefs, but they are not enti- immorally arrogant to think that only currently being done using adult stem tled to inflict suffering on the sick and one religious view is valid or moral and cells, which I support, is showing great death on the ill and enforce the imposi- that one has the right to use political

VerDate Jan 31 2003 23:40 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.037 H27PT1 H1410 CONGRESSIONAL RECORD — HOUSE February 27, 2003 power to impose that religious view on ‘‘no’’ on the Greenwood Substitute. The roll school biology student knows any dictionary the rest of the American people who call on the Greenwood Substitute will be in- will confirm, a human ‘‘egg’’ (ovum) is a ga- may hold different religious views. cluded as a key vote in the NRLC congres- mete cell, possessing only 23 chromosomes. That is what this bill would do. That is sional scorecard for 2003. While an egg cell is produced by the female, The Weldon-Stupak bill (H.R. 534), which the egg cell itself has no sex. But once one why this is an immoral bill unless NRLC supports, would ban any use of cloning has a complete nucleus that is activated amended to apply only to reproductive to create human embryos. In contrast, the (whether through sexual fertilization so- cloning. Greenwood Substitute would permit (indeed, matic cell nuclear transfer), then one had a Mr. SENSENBRENNER. Mr. Chair- would encourage) the creation of any number developing embryo, not an ‘‘egg cell.’’ There man, I yield myself 30 seconds. As I re- of human embryos by cloning for the purpose is no such thing as a five-day-old or two- call, when Moses came down from the of harvesting their parts. The substitute week-old ‘‘egg’’ that is developing, has 46 mountain, he had 10 commandments even leaves open the door—as artificial chromosomes, and may as easily be male or with him. One of them said thou shalt womb technology advances—to growing female. That describes only a human em- cloned humans to later stages of fetal devel- not murder and the other said thou bryo. As for the claim that the Greenwood opment for the harvesting of their tissues Substitute would only permit research on shalt not steal, and I do not think any- and organs, as has already been done with ‘‘unfertilized’’ embryos, this is just another body in their right mind would say cloned cows and mice. word trick aimed at the gullible. Of course that criminal laws saying that murder Supporters of the Greenwood Substitute human embryos produced by cloning will be and theft are criminal in nature is im- assert that it would ‘‘ban reproductive ‘‘unfertilized,’’ because that is what cloning posing religious views on anybody. cloning,’’ but this claim is highly mis- is—asexual reproduction, reproduction, with- They are both wrong; they are both leading, because the Greenwood Substitute out fertilization by sperm. Every cloned ani- does not restrict the actual act of human mal in the world was ‘‘unfertilized’’ from the criminal. cloning—the use of somatic cell nuclear Mr. Chairman, I yield 2 minutes to one-celled embryo stage, and every one of transfer (SCNT) to create human embryos. them will be ‘‘unfertilized’’ on the day they the gentleman from Ohio (Mr. CHABOT). Rather, the Greenwood Substitute would die. And if a member of the species Homo (Mr. CHABOT asked and was given seek to impede the initiation of a pregnancy. sapiens is created by cloning, is implanted in permission to revise and extend his re- Thus, the Greenwood Substitute bans not a womb, is born, and lives to be 25 years old, marks.) human cloning but the survival of human she will still be ‘‘unfertilized.’’ But she will Mr. CHABOT. Mr. Chairman, I rise in clones, which is a very different matter. be human. strong support of the Human Cloning When Mr. Greenwood originally offered his Some supporters of the Greenwood Sub- Prohibition Act. This legislation would pro-embryo-farming substitute during con- stitute claim that the Welden-Stupak bill ban any use of cloning to create human sideration of the Weldon-Stupak bill in 2001, DNA. This is false. The Weldon-Stupak bill Dr. Charles Krauthammer wrote a powerful embryos. In contrast, agreeing with (at Section 2, (d)) explicitly allows the use of column, ‘‘A Nightmare of a Bill,’’ pointing cloning techniques to produce cells, tissues, the Greenwood substitute would per- out its radical implications: www.nrlc.org/ or organs, whenever this can be done without mit, indeed would encourage the cre- KillinglEmbryos/Krauthammer first creating a human embryo. ation of any number of human embryos %20on%20Greenwood%20Amendment.pdf Moreover, the Weldon-Stupak bill does not by cloning for the purpose of har- On July 31, 2001, the House rejected the speak to the separate issue of the use of fro- vesting their parts. The substitute Greenwood Substitute (roll call No. 302), be- zen human embryos, created through in vitro even leaves open the door, as artificial fore approving the Weldon-Stupak bill by a fertilization, for medical research on stem margin of 265–162 (roll call No. 304). cells or for any other research purposes. The womb technology advances, to growing When language similar to the Greenwood cloned humans to later stages of fetal restrictions of the Weldon-Stupak bill apply Substitute was proposed in the Senate, the only to: (1) the use of the somatic cell nu- development for the harvesting of their Bush Administration made it clear that any clear transfer (SCNT) cloning technique, to tissues and organs as has already been such clone-and-kill legislation would face a produce (2) a human embryo. done with cloned cows and mice. veto. (See the letter from HHS Secretary Despite the efforts of some to confuse the As we seek to improve human life, we Tommy Thompson’s to Senator Sam cloning debate with the separate issue of must always preserve human dignity, Brownback, here: http://www.nrlc.org/kill- stem cell research, even Mr. Greenwood con- inglembryos/ThompsontoBrownback.pdf) ceded, during the 2001 debate, ‘‘The gen- and therefore we must preclude human Moreover, the Justice Department sub- tleman from Florida (Mr. WELDON) did not cloning by stopping it before it starts. mitted testimony explaining that once bring a bill to the floor to ban embryonic Creating, killing, and harvesting one countless human embryos are created by stem cell research.’’ human being in the service of others cloning, there would be no practical way to A more detailed critique of the misleading enforce the prohibition on transferring such raises significant ethical and moral claims that some are making on behalf of embryos into wombs. The testimony is here: concerns. As a society, are we willing the Greenwood Substitute and the similar http://www.nrcl.org/killing embryos/Jus- to endorse a policy that allows the cre- l Hatch-Feinstein bill (S. 303) is posted here: tice Dept on cloning.pdf. ation of human life so that it can then l l l http://www.nrlc.org/killing—embryos/ We would add that in our view, there also cloningbackrounder021003.html be destroyed? Cloning is a dangerous would be no ethical way to enforce such a In conclusion, NRLC strongly urges that assault on human life. It is an affront prohibition, which would amount to a federal you oppose the Greenwood Substitute, and to human dignity. It is not a policy law requiring the death of a class of mem- support without amendment the Weldon-Stu- that should be supported by the United bers of the species Homo sapiens. On January 22, President Bush said, ‘‘I also pak Human Cloning Prohibition Act (H.R. States Congress. 534). Thank you for your consideration of I urge my colleagues to support H.R. urge the Congress to ban all human cloning. We must not create life to destroy life. NRLC’s perspective on this critical issue. 534 and oppose the Greenwood amend- Sincerely, ment. Human beings are not research material to be used in a cruel and reckless experiment.’’ DOUGLAS JOHNSON, I include for the RECORD this letter In his January 28 State of the Union address, Legislative Director, from the National Right to Life group. the President’s call to act before what he has National Right to Life Committee. NATIONAL RIGHT TO LIFE LETTER, aptly called human ‘‘embryo farms’’ open for Ms. LOFGREN. Mr. Chairman, I yield February 21, 2003. business in the United States. 30 seconds to the gentleman from New Re Greenwood embryo-farms substitute Some supporters of the Greenwood Sub- York (Mr. NADLER). amendment vs. Weldon-Stupak Human stitute claim that it would allow only ‘‘re- Cloning Prohibition Act. search on unfertilized eggs,’’ and that b 1445 DEAR MEMBER OF CONGRESS: On Thursday, cloning does not really create a human em- February 27, the House of Representatives bryo. But this is nonsense. Authorities as di- Mr. NADLER. Mr. Chairman, if one is will choose between the Human Cloning Pro- verse as President Clinton’s bioethics panel, quoting from Moses, one might note hibition Act (H.R. 534), authored by Con- NIH, and research that somatic cell nuclear that in the same five books of Moses gressmen Weldon and Stupak, and a radi- transfer (SCNT) with human genetic mate- that contain the Ten Commandments cally different—indeed, antihetical—sub- rial will create human embryos—until re- there is a passage that says if a man stitute amendment to be offered by Con- cently, when they decided to try to hide the smites a woman and she die, he shall gressman Greenwood. The National Right to embryo for political purposes. (Here are surely die, and if he smites her and her Life Committee (NRLC) supports H.R. 534. some quotes from various pro-cloning and fetus dies, she shall pay monetary com- Because enactment of the Greenwood policy neutral authorities:http://www.nrlc.org/kill- pensation, showing at least the Biblical would be a giant step in the pro-cloning di- inglembryos/factsheetembryo.html) rection—it would give the green light to The Weldon-Stupak bill does not place any view that a fetus at some stage of de- what President Bush called human ‘‘embryo restrictions on research on human ‘‘eggs,’’ velopment is not a person and not sub- farms’’—NRLC strongly urges you to vote unfertilized or otherwise. As any middle ject to being murdered.

VerDate Jan 31 2003 23:40 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.027 H27PT1 February 27, 2003 CONGRESSIONAL RECORD — HOUSE H1411 The heart of this debate is whether human embryos for the purpose of pro- Ms. LOFGREN. Mr. Chairman, I yield you are creating a human being when ducing a child. That issue is not in dis- myself such time as I may consume. you are creating an embryo. pute. But the substitute would not also Mr. Chairman, I would note before Ms. LOFGREN. Mr. Chairman, I yield stop promising microscopic stem cell yielding to my colleague from Cali- 4 minutes to the distinguished gen- research. This substitute strikes a bal- fornia a letter received from the Senior tleman from California (Mr. WAXMAN), ance that respects both the sanctity of Pastor of the Riverside Baptist Church a Member of the Committee on Energy life and the needs of the living. A simi- and the Legislative Director of the and Commerce. lar balance was struck recently in Cali- United Church of Christ, where it is Mr. WAXMAN. Mr. Chairman, 104 fornia law passed to encourage life-sav- said, ‘‘While it is imperative that we as years ago today, on February 27, 1899, ing research using stem cells. a Nation and as a people of faith pro- the man who would make one of the I urge my colleagues to remember ceed with caution, it is also important most important discoveries in modern Dr. Best’s birthday today. Insulin that we do what we can to alleviate the medicine was born in the town of West transformed medicine over the past suffering of others. We believe that to Pembroke, Maine. His name was century. We should give scientists the ban this potentially life-saving re- Charles H. Best, and he would help tools and room to make new miracles search would be a mistake.’’ identify insulin, the treatment that in the next one. I think it is important that we recog- has saved the lives of millions of dia- Mr. SENSENBRENNER. Mr. Chair- nize the diversity of religious view- betics around the world. Let us not cel- man, I yield 2 minutes to the gen- points on when life begins and not im- ebrate Dr. Best’s birthday today by tleman from Virginia (Mr. FORBES). pose just one viewpoint on the country. voting to block scientific research that Mr. FORBES. Mr. Chairman, I would Mr. Chairman, I include for the aims to cure diabetes in our lifetime. first like to thank the chairman for RECORD the letter referred to. The bill before the House is called yielding me time and for his hard work FEBRUARY 26, 2003. the Human Cloning Prohibition Act of on this bill. Hon. JAMES GREENWOOD, 2003. This legislation could also be Mr. Chairman, as a cosponsor of the House of Representatives, named the Impede Stem Cell Research bill before us, I am pleased to see the Washington, DC. DEAR CONGRESSMAN GREENWOOD: As mem- Act of 2003. This proposal would bar the House quickly acting on this important bers of the religious community, we would creation of some of the stem cells that bill. Today we are taking an important like to commend you for your leadership on our Nation’s top scientists believe step in affirming the uniqueness and stem cell research. Your recognition of the could help cure many devastating dis- dignity of every human being. great promise of stem cell research and your eases. Human cloning represents the first support for legislation that allows thera- The National Institutes of Health, for footstep into a dark wilderness from peutic cloning offer great hope for those suf- example, has found that stem cells can which we may never emerge. Univer- fering from juvenile diabetes, Alzheimer’s be coaxed into producing insulin, offer- sity of Chicago Professor Leon Kass, disease, Parkinson’s disease, spinal cord in- juries, and other ailments. ing a possible cure for diabetes. Ac- who is also the chairman of the Presi- This is a difficult issue for all of us, and we cording to the NIH, stem cells may also dent’s Council on Bioethics, has writ- understand the complex decision you face in help restore lost function to people ten that human cloning would be a considering any legislation that involves who are paralyzed and may strengthen fateful step toward ‘‘making man him- human cloning. While it is imperative that the heart muscles of people who have self simply another one of the man- we as a nation and as people of faith proceed had severe heart attacks. made things. Human nature becomes with great caution, it is also important to do There are several ways to make stem merely the last part of nature to suc- what we can to alleviate the suffering of oth- cells. One of the most promising ways cumb to the technological project ers. Therefore, we believe that to ban this potentially life-saving research would be a uses a patient’s own DNA via a process which turns all of nature into raw ma- mistake. called therapeutic cloning. The Na- terial at human disposal.’’ Like most, we are opposed to the practice tional Academy of Sciences has found The last century and a half is blood- of reproductive human cloning. A ban on this that this approach offers great poten- soaked with examples of what happens practice would be both welcome and appro- tial to obtain stem cells to treat many when men are subjugated to the will of priate. Therapeutic cloning, however, re- diseases, including Alzheimer’s, cancer, other men. In our vain quest for im- quires careful review. We are pleased that autoimmune disorders, rheumatoid ar- mortality, will we simply regard you considered this issue in its entirety and cloned babies as meaningless blobs of took into account the countless individuals thritis. Countries around the world, in- who could be saved and whose pain could be cluding the United Kingdom, have not cells and tissue mass that we can dis- alleviated by this medical research. We have only found this research to be prom- pose of without any burden to our con- a duty to do what we can to help our fellow ising, but are planning to invest in it. science? man, and you have demonstrated your com- Not the United States. In the sum- For those who say we should create mitment to doing so through your leadership mer of 2001, President Bush told the embryos for medical research, my own on this issue. American people that he would permit father suffers from Parkinson’s disease. Sincerely, Federal funding of research on 64 exist- While I recognize the agony of so many RABBI HERSHEL BILLET, ing stem cell lines. Today, the NIH Americans with devastating illnesses President, Rabbinical Council of America, says that just 9 are actually available and injuries, we must search for ways New York, NY. to researchers. President Bush’s deci- to ease their suffering without destroy- REV. DR. JOAN BROWN sion did not strike a fair balance. To ing human life. We must promote CAMPBELL, the contrary, it has starved promising methods of scientific research that in- Director of Religion, research to satisfy an ideological agen- crease our quality of life without for- Chautauqua Institu- da. saking the value of human life in its tion, Chautauqua, The legislation before us would actu- most vulnerable form. NY. ally criminalize stem cell research Cloning diminishes human reproduc- REV. DR. MICHAEL BLEDSOE, based on therapeutic cloning. Does it tion from a loving act between two par- Senior Pastor, River- make any sense to lock up scientists ents to a cold exercise of producing side Baptist Church, who are seeking cures for diseases? Not parentless children. Life is a gift. It is Adjunct Professor, even a majority of President Bush’s not ours to manufacture to our pre- Howard University handpicked Ethics Advisory Com- determined criteria. I shudder to think School of Divinity, mittee reached the conclusion that the of the consequences of turning the cre- Washington, DC. creation of stem cells through thera- ation into the creator. REV. DR. PAT CONOVER, peutic cloning is unethical. Yet this If we allow human cloning to proceed Legislative Director, as a mainstream scientific endeavor, United Church of bill would treat scientists trying to Christ, Justice and save lives as if they were drug dealers. we may soon find out what C.S. Lewis Witness Ministries, There is a far better alternative. We meant when he observed, ‘‘Man’s con- Washington, DC. will have before us a substitute amend- quest of nature would result in the abo- REV. DR. CHARLES S. ment. It would outlaw cloning of lition of man.’’ MILLIGAN,

VerDate Jan 31 2003 23:40 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.030 H27PT1 H1412 CONGRESSIONAL RECORD — HOUSE February 27, 2003 Ordained Minister, only one bill preserves science and re- being is enough to prevent us from al- United Church of search to accomplish what I just out- lowing cloning at all. Christ, Professor lined. We need to maintain these ethical Emeritus, Iliff So I urge my colleagues to protect principles that guide scientific re- School of Theology, search and inquiries. Frankly, the Theologian in Resi- the research. Do not criminalize sci- dence, Washington entists. That would be wrong in our costs are too high to our society if we Park UCC Church, great Nation. We can preserve and pro- do not do it. We have heard the sta- Denver, CO. tect the sanctity of what we want to tistic before that between 95 and 98 per- REV. DR. GEORGE F. protect, to outlaw human cloning, but cent of cloning in animals fails. This REGAS, we should move ahead and be the could translate into countless children Rector Emeritus, All America that we have always been, to who would be products of cloning who Saints Church, embrace research, to embrace innova- would be born with serious birth de- Pasadena, CA. tion and to help those who are suf- fects, debilitating diseases, and short- REV. DR. J. PHILIP fering in our country today. ened, terrible lives. WOGAMAN, Mr. Chairman, the only solution is to Former Senior Min- Mr. Chairman, I urge my colleagues ister, Foundry to support the substitute and to oppose support this bill as it is and to reject United Methodist the underlying bill. the alternative. H.R. 534 is the only Church, Wash- Mr. SENSENBRENNER. Mr. Chair- way to prevent such horrible ideas. ington, DC. man, I yield myself 90 seconds. Ms. LOFGREN. Mr. Chairman, I am Mr. Chairman, I am delighted to Mr. Chairman, what we just heard happy to yield 3 minutes to the distin- yield 3 minutes to the gentlewoman seems to indicate that the material we guished gentleman from North Caro- from California (Ms. ESHOO), a distin- are talking about is ‘‘just an egg.’’ I lina (Mr. WATT), my colleague on the guished member of the Committee on would like to quote from Dr. John Committee on the Judiciary. Energy and Commerce. Gerhart, who is on the other side of Mr. WATT. Mr. Chairman, I thank Ms. ESHOO. Mr. Chairman, I thank this issue, he comes from Johns Hop- the gentlewoman for yielding time. Mr. Chairman, I do serve on the Com- my distinguished colleague for yielding kins University, at a press conference mittee on the Judiciary and confess me time. that was held yesterday by the gen- that I have talked to a number of my Mr. Chairman, I want to use these 3 tleman from Pennsylvania (Mr. GREEN- colleagues, not a single one of which minutes to talk about the science that WOOD) and the supporters of his amend- has said to me that they believe in the substitute, H.R. 801, preserves, and ment. human cloning. I think if there were a exactly what somatic cell nuclear Dr. Gerhart said, ‘‘I contend it is an bill on the floor that prohibited human transfer is. embryo. I don’t think anybody is say- cloning, it would pass 435 to 0. The American people are tuned in ing that it is just an egg.’’ today and they are listening to this This follows along with what Presi- b 1500 discussion and they deserve to get dent Clinton’s National Bioethics Advi- To me, it is somewhat distressing some facts. sory Commission stated in June of 1997. that this bill has been postured in First, a woman donates an egg cell The executive summary says, ‘‘The much the same political context as the and a patient donates a skin cell. The Commission begins its discussions fully abortion debate around the question of nucleus is removed from the woman’s recognizing that any effort in humans when life begins and in a way that egg cell and in its place the nucleus to transfer a somatic cell nucleus into would make it impossible to do any from the patient’s skin cell is inserted. an enucleated egg involves the creation kind of cloning, even for research or The egg is then stimulated to induce it of an embryo, with the apparent poten- therapeutic research purposes. And I to divide. Once the egg divides, it be- tial to be implanted in utero and devel- think the thing that is so distressing gins creating stem cells that are iden- oped to term.’’ about that is that every single one of tical to the patient’s own cells. Mr. Chairman, I yield 2 minutes to us knows someone who needs the ben- This is regenerative medicine, it is the gentlewoman from Pennsylvania efit of science to come up with a ther- not fertilization. Children are created (Ms. HART). apy, a treatment that could prevent or by the fertilization of an egg cell by Ms. HART. Mr. Chairman, I rise in stop the progress of a distressing dis- sperm, not by chemical stimulation. support of H.R. 534, the Human Cloning ease; and most of the promise is in the Stem cell research is research on the Prohibition Act. area that this bill would prohibit. most fundamental part of the human People agree that cloning humans is So I just want to appeal to those peo- system, cells that can become any wrong. The recent scare that we all ple who would like to make this a po- other type of cell in the body. Because went through regarding an organiza- litical issue, a debate about when life of their ability to develop into liver tion called Clonaid brought revulsion begins, that I think different religions cells, pancreatic cells, spinal cells, any to everyone who heard the story that have different beliefs about that, and kind of cell, stem cells are critical to there may have been a cloned embryo different individuals have different be- researchers who are trying to cure a implanted into a woman and there may liefs about that. The thing that I hope whole host of diseases. be a child as a result. People across the we all agree on is that when research What researchers are focusing on globe were upset by this possibility. advancements, therapeutic or other- today is how these stem cells become The only way for us to avoid this pos- wise, can make it possible for people to other types of cells. There are some sibility is to completely ban cloning. live their lives with higher quality and types of protein or chemicals that Once that clone is created, how do we for longer periods of time, or to keep stimulate stem cells to become spinal control what is done with that embryo? them from dying, we ought to allow cells. Scientists just do not know what The only effective means to prevent that kind of research to progress and proteins or chemicals they are. having a cloned human is to ban not get into a political debate that Somatic cell nuclear transfer or cloning. serves somebody’s political purpose. therapeutic cloning is an important As for the claims we have heard Mr. SENSENBRENNER. Mr. Chair- part of this process because scientists today as for the need for this process to man, I yield 3 minutes to the gen- are still learning how to use the cell cure disease, there is no evidence that tleman from Florida (Mr. WELDON), the from inside the patient’s cheek to turn therapeutic cloning has produced a sin- author of the bill. it back into a stem cell, and then re- gle cure. Not only has it failed in ani- Mr. WELDON of Florida. Mr. Chair- program it to become a liver cell that mal research, it has failed also in man, I thank the gentleman for yield- revitalizes the liver damaged by can- human research. ing me this time, and I want to com- cer. That is what this discussion is Scientific ethics requires that we mend him for his leadership on this about today. draw a line. We draw a line in research very, very important and critical issue. There are two proposals. They both every day as far as science goes. The As I mentioned in the debate on the outlaw human cloning. It is unethical. fear that we could tread in territory rule, the science on so-called thera- It is wrong. We all agree to that. But that would create a cloned human peutic cloning is going nowhere, so

VerDate Dec 13 2002 18:55 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A27FE7.007 H27PT1 February 27, 2003 CONGRESSIONAL RECORD — HOUSE H1413 why do all of these scientists say that gentleman from New Jersey (Mr. procreation process into the simple they want to allow embryo cloning? HOLT), a distinguished scientist and manufacturing of human beings. Why do all of these biotechnology com- Member of this House. It has been determined that human panies say they want to allow embryo Mr. HOLT. Mr. Chairman, as a sci- cloning is entirely unsafe to practice cloning, even though the chairman of entist, I must say extreme conviction on human beings. Most scientists agree Geron, Thomas Okarma, is quoted on seems to be crowding out under- that human cloning poses a serious the issue of therapeutic cloning, and he standing here today. I would like to risk of producing children who are is quoted as saying, ‘‘The odds favoring cut through the scientific rhetoric of stillborn, unhealthy, severely mal- success are vanishingly small, and the this biomedical research technique and formed, or disabled. costs are daunting. It would take thou- discuss the real progress in this area. The fact is, in animal cloning trials, sands of human eggs on an assembly But in the limited time available, let 95 to 98 percent of all cloning attempts line to produce a custom therapy for a me draw the choice as sharply as pos- have ended in failure, and almost all single person.’’ sible. successfully cloned animals have ge- He goes on to say, ‘‘This process is a Down one road we see potential netic abnormalities. In fact, Dolly, the nonstarter.’’ therapeutic cloning to help cure dis- infamous cloned sheep, died this past So if this therapeutic cloning is such eases from Parkinson’s to Alzheimer’s; Valentine’s Day of a lung disease she a nonstarter as Okarma says, why do down the other road we see unprece- acquired before she was even born, and the people in the biotech industries, dented criminalization of scientific re- lived only half of the normal life ex- why do all of these scientists say we search. pectancy for a sheep. Why would we have to allow this, we have to make Now, therapeutic cloning is not some even consider for a moment that this legal? What is the rationale behind far-out technique conducted on the cloning is safe for humans? all of this? fringe of the scientific community. I agree with President Bush when he I will tell my colleagues what they These researchers are not crazed Dr. stated no human life should be started want to do. They want to create human Frankensteins. They are people like or ended as an object of an experiment. models of disease. Research scientists our neighbors, highly ethical who are When debating this issue, we must today in America, if they want to do working hard to save lives, to relieve ask the ethical question: Are we cre- research on Parkinson’s, Alzheimer’s, suffering, to improve the quality of ated in God’s image, or are we created diabetes, they buy mice and they buy life. Let us not make them criminals. in our own? Today, this House has a rats that have been engineered to Now, to draw the distinction here, unique opportunity to shut the door on manifest that disease, and what they particularly referring to my col- this invasive procedure to women and want to do is they want to create league’s reference to a slippery slope, an affront to humanity. I urge my col- human beings that are engineered to in vitro fertilization has been hailed as leagues to vote in favor of the Weldon manifest these diseases. a miracle of modern science allowing bill, to set a precedent for morality and Now, can we imagine that? They millions of American couples to con- the sanctity of humanity. want to have shelves with diseases on ceive. However, by necessity of the in Ms. LOFGREN. Mr. Chairman, I am them filled with human embryos and vitro fertilization procedure, some honored to yield 11⁄2 minutes to the sell them for a profit to research labs, human embryos are created that will gentleman from Wisconsin (Mr. KIND), and that is where we are going with not be given the chance to develop into a leader of the New Democrats and this issue. babies. Are we to say here today that someone who has distinguished himself Some people get up and ridicule this we want to outlaw in vitro fertiliza- on the issue of medical research. concept of a slippery slope, but that is tion? IVF is not only accepted, it is en- Mr. KIND. Mr. Chairman, I thank the exactly what we are on. Because I will thusiastically embraced. It is a God gentlewoman from California for the tell my colleagues what is next. The send for millions of families. Yes, mil- leadership that she has shown on this artificial womb technology is there. It lions of families. Therapeutic cloning issue as well. is available to us today. One can take is no more ethically objectionable than Mr. Chairman, let us be clear again these embryos and put them in these IVF. yet today. This is not a fight about baths and one can grow them well be- Now, I asked the proponents of this banning human cloning. We all agree yond the embryonic stage, and that bill, do you question the ethics of the cloning for purposes of creating an- will be the next thing we will be debat- parents of those million Americans other human being is wrong and it ing and talking about in this Chamber alive today through the miracle of should be prohibited. if the positions held by some people IVF? They may, but let us not com- Instead, what we are arguing about is who want to allow embryo cloning are mand their beliefs to become law. allowing scientific research to con- allowed to move forward. The majority of my constituents, the tinue that can lead to cures for Alz- These are the same exact arguments majority of Americans, all scientific heimer’s, Parkinson’s, diabetes, spinal that occurred in this House on fetal researchers I know, agree that human cord injuries. Unfortunately, H.R. 534’s tissue research 10 years ago; and people reproductive cloning would be unsafe, approach would take a Howitzer after a got up and claimed, we have to allow unethical, and should not be allowed. house fly. this, it is the great potential of the fu- The Greenwood substitute is every bit What about bone marrow trans- ture. It turned out to be an absolute as effective as H.R. 534 in keeping sci- plants? What about in vitro fertiliza- bust. It was a disaster. It went abso- entists from creating genetic dupli- tion? If we logically extend the argu- lutely nowhere. Therapeutic cloning is cates of people. Regardless of which ment for H.R. 534, that is next. going nowhere. It has been a year and bill is passed today, millions of human Some of the most advanced and ex- a half since we originally debated this embryos will be created. citing stem cell research in the world issue. I placed a mountain of evidence Mr. SENSENBRENNER. Mr. Chair- is occurring at the University of Wis- before this body here showing that the man, I yield 2 minutes to the gen- consin. I have had the opportunity over adult stem cells are working out great, tleman from Oklahoma (Mr. SULLIVAN). a few occasions to visit their research the embryo stem cells are going no- Mr. SULLIVAN. Mr. Chairman, today department; and while the research where, the cloned stem cells are going I rise in support of H.R. 534, the Human they are doing there itself is exciting, absolutely nowhere. So why are we Cloning Prohibition Act, a bill to ban what is most impressive is how much still here? Why are we debating this all types of human cloning. in tandem the researchers of the issue? It is because there are people I believe human cloning is ethically science and the ethics department who want to create human models of and morally wrong. It is an unjust ex- work. disease that they can sell for a profit. periment whereby human beings are What most people do not realize on It is an abomination. created and destroyed solely for the this subject is that therapeutic stem Vote for this bill. Vote against the purpose of research. Human beings can- cell research is already a heavily regu- substitute. not be treated as material used for sci- lated industry. The FDA has strict re- Ms. LOFGREN. Mr. Chairman, I am entific research, and the cloning of quirements on what they can and can- very honored to yield 2 minutes to the human babies turns the natural not do.

VerDate Dec 13 2002 18:55 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.038 H27PT1 H1414 CONGRESSIONAL RECORD — HOUSE February 27, 2003 But my main point is this: we need to is bound to suffer traumatic complica- Ms. LOFGREN. Mr. Chairman, I am do this if for no other reason than to tions from this horrible disease. No happy to yield 11⁄2 minutes to the gen- provide leadership for the rest of the child should have to deal with a condi- tleman from Vermont (Mr. SANDERS). world. I am more comfortable knowing tion like this.’’ Mr. SANDERS. Mr. Chairman, I that our country, our researchers, our I speak for my dear friend, Bonnie thank the gentlewoman for yielding FDA is providing oversight and guid- Wilson, and her daughter, Jennifer, time to me. ance on this discovery which could lead who also lives every day with juvenile Mr. Chairman, today we live in an almost anywhere. Lets make sure that diabetes. age of exploding technological ad- with our leadership, the discoveries Fortunately, doctors are learning vances. Many of these new technologies will be used for the betterment of more every day about how to treat and offer the potential to improve the lives human kind rather than for nefarious eventually cure diseases such as diabe- of people in the United States and purposes. tes, Parkinson’s, Alzheimer’s, using so- around the world. But, Mr. Chairman, some of this new Mr. Chairman, I urge passage of the matic cell nuclear transfer. Yet, H.R. technology also has the potential to do substitute and rejection of H.R. 534. 534 aims to take away these research great harm to our people and to our en- Mr. SENSENBRENNER. Mr. Chair- opportunities, and in the end, take man, I yield 3 minutes to the gen- vironment. All too often, these dangers hope from Teresa and Andrew, Bonnie are magnified because the owners of tleman from Texas (Mr. BURGESS). and Jennifer. Mr. BURGESS. Mr. Chairman, I rise technology are primarily interested in Mr. SENSENBRENNER. Mr. Chair- how much money they can make, rath- today to support H.R. 534 and speak man, I yield 2 minutes to the gen- against the substitute. I believe that er than the betterment of society. tleman from Louisiana (Mr. BAKER). We have seen this in the area of ge- combining a somatic nucleus with a Mr. BAKER. Mr. Chairman, I wish to netically modified organisms that are donor cell is inherently dangerous. It is address some comments made earlier finding their way into our food supply inhumane to create a life form that is in the debate where a vote for this bill in the U.S. The legislation we are con- vulnerable to a host of disabilities and was characterized as eliminating the sidering today concerns an even more genetic malformations. only hope for the suffering and the important issue; namely, the cloning of As a doctor, I find it very difficult to dying. I just hope that that is an insen- human life itself. While I support stem support a reckless procedure whose sci- sitive representation, and not based on cell research, the cloning of a human entific merits are unsound, at best. a true understanding of the issue. being for any purpose raises the deep- Even more pernicious are the implica- By voting for this bill, Members are est and most profound ethical and tions that this substitute amendment not casting themselves as scientific moral questions: questions about the would have for humanity. So-called Luddites nor moral zealots; they are sanctity or the uniqueness of each therapeutic cloning is virtually iden- merely saying there are alternatives human person; questions about the evil tical to reproductive cloning. that are existent in the current sci- of eugenics and genetic engineering in Human cloning for reproduction will entific community that are relevant to humans; and, equally important, ques- result in high failure rates. What do developing the cures and promises that tions about the ownership and use of those words mean, a high failure rate? have been held out by that of embry- cloned humans by an unregulated cor- They mean that children will be pro- onic research but not yet fulfilled. porate biotechnology industry moti- duced that are stillborn, malformed, Much of the limitations on embry- vated almost exclusively by their quest and disabled. onic research’s success has come from for venture capital, short-term profits, The proponents of this substitute the results of cellular meiosis. When and higher stock prices. would make us think that stem cell re- the cell has divided, those genetic de- The speed with which human cloning search would be entirely restricted. As faults it would sometimes trigger that technology has developed thus far has a scientist, successful alternatives such were developed to terminate are artifi- far outpaced our abilities as a society as adult stem cell research and umbil- cially preserved, thereby limiting the to wrestle with these questions. ical cord stem cell research have al- effectiveness of the embryonic cell Mr. Chairman, technology should not ready been used successfully in human line, which has been touted as the only drive ethics and morality in this coun- trials. We must prohibit both human hope for medical survivability. try and on this planet; ethics and mo- somatic nuclear transfer and research rality should frame the acceptable lim- Other than that, placental embryonic cloning. its of our use of technology. That is and cord blood research has moved far The country is looking for us for why I strongly support H.R. 534, which beyond clinical research, and in fact leadership on this very important would ban all human cloning. issue. Anything short of a complete now there is a corporation within my Ms. LOFGREN. Mr. Chairman, I am prohibition is unacceptable. I urge my own district that is in the process of happy to yield 2 minutes to the gen- marketing products. For example, a colleagues to vote against the sub- tleman from Texas (Mr. GREEN), a stitute and for H.R. 534. corneal implant used after surgery pro- member of the Committee on Com- Ms. LOFGREN. Mr. Chairman, I yield duced from stem cells, put over the merce. 1 minute to the gentlewoman from Illi- surgical incision, does not have to be Mr. GREEN of Texas. Mr. Chairman, removed because it is incorporated into nois (Ms. SCHAKOWSKY), who has led ef- I thank my colleague, the gentle- forts to promote science in this regard. the body. Stem cells from placental re- woman from California, for yielding search inserted after a myocardial in- time to me. b 1515 farction has provided 100 percent recov- Mr. Chairman, there are few deci- Ms. SCHAKOWSKY. Mr. Chairman, I ery of heart function. The list goes on sions more difficult than the one we rise today in opposition to H.R. 534 and and on and on. are making today. If it were simply a in support of the Greenwood-Deutsch By voting for this bill, Members are debate about human cloning, I doubt substitute. H.R. 534 squashes the hopes not religious zealots, not scientific that we would have one vote for it. I of parents and their families who wake Luddites, but they are merely saying think the vote would be 435 to zero. up every day hoping cures to the ail- that the issue of cloning is entirely dif- I think we are all troubled by the re- ments for which they suffer will have ferent from stem cell research. There cent media reports by the Raelians been found. are avenues highly successful, highly about attempting to clone a human I speak for Teresa, a mom from my provable, and I can take anyone who being. Human cloning is a horrifying district who urged me to support ongo- cares to see it to Baton Rouge, Lou- practice that should be banned, and ing somatic cell nuclear transfer re- isiana, and walk through the halls of people like the Raelians should be search. She told me about her 13-year- this facility where this research has stopped. old son, Andrew, with type I diabetes moved beyond where human suffering But this legislation is more than who has to check his blood sugar level has been responded to and addressed, human cloning. There is an exciting and inject himself with insulin repeat- and offers the hope and promise that field of research known as therapeutic edly throughout the day and night. all of us seek with the passage of this cloning that can potentially cure dis- ‘‘Even with the most vigilant care, he bill. eases and conditions such as diabetes,

VerDate Dec 13 2002 18:55 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.040 H27PT1 February 27, 2003 CONGRESSIONAL RECORD — HOUSE H1415 Parkinson’s disease, spinal cord inju- use of nuclear transfer or other cloning his own son’s life. For Middle Tennesseans, ries, organ failure, Alzheimer’s, and techniques to produce molecules, DNA, the debate is more confused because Senator other life-threatening illnesses. Who of cells other than human embryos, tis- BILL FRIST, M.D., has surprised the scientific us has not had a constituent or family sues, organs, plants, or animals other community by supporting the Weldon bill. It is member touched by one of these ill- than humans.’’ interesting to note, however, that Vanderbilt nesses so that we would be willing to What this section says is that all of University, the institution where Dr. FRIST do whatever research possible to end this type of scientific research that is worked before entering politics, opposes the their suffering? going on now will be able to continue Weldon bill and supported the Greenwood bill. We have heard amazing testimony as long as cloned human embryos are The head of , where Dr. from scientific experts who have made not used. That is a big difference. If a FRIST received his training in pre-medical stud- a compelling case for therapeutic scientist wants to create human em- ies, also opposes the Weldon bill and supports cloning. They tell me that individuals bryos and peddle them around the the Greenwood bill. currently receiving organ transplants world and around this country to make Having studied this issue closely, I think that may endure toxic immunosuppressive a profit, that will be prohibited. But if the Greenwood bill hits the target of banning drugs in order to stay alive; but by a scientist wants to do scientific re- human cloning, without harmful side-effects. In cloning tissues and organs, nerve cells search, including stem cell research, on past congressional debates, such as over re- and other cells, we can provide a ge- material other than cloned human em- search on DNA, Congress was tempted to netic duplicate that the body would bryos, which include adult stem cells, pass an overly broad ban, but, fortunately re- not reject. If this technology is devel- then that will be able to continue to sisted such temptation. Congress has another oped, we could cure any disease that proceed. such opportunity today: to pass legislation that involves the damage or deterioration of This bill draws a line, a very reason- achieves the objective of banning human tissues and cells. There are very few able line, between science and ethics. cloning, with out harming the health care of diseases that do not fall in this cat- That reasonable line is whether a our people. egory. This is the most promising ap- cloned human embryo is used. Should a Finally, it was unfair to the Republican ma- proach for millions of Americans whose cloned human embryo be created and jority to require a vote on this bill without hav- suffering could end if therapeutic used, yes, this bill criminalizes it, as it ing held any committee hearings or received cloning is allowed. That is why I sup- should; but if the research uses any any testimony on it in this Congress. While it port the Greenwood substitute. other material besides cloned human was considered in the previous Congress, Many oppose cloning because they embryos, the criminal penalties of this there are many new members who do not believe it is not allowed in their reli- bill do not apply, and that research have the benefit of those hearings, and even gious beliefs. The Greenwood sub- will be able to proceed. older member lack of updated information that stitute prohibits human cloning but it I would hope that the Members of is available from the scientific community. It is allows for our God-given intelligence this House will listen to the fine points a serious mistake for Congress to rush com- to make our world a healthier and of this debate and ignore allegations plex legislation through without any hearings safer and less painful place. that have been made that are not con- and with minimal debate, especially when it As Christians, I hope that is our mis- tained in the bill, and pass it. could have such a profound impact on the sion and our prayer, to eliminate Mr. COOPER. Mr. Chairman, I, like most health of the American people. Americans, am strongly opposed to human human suffering. That is why I hope Mr. ETHERIDGE. Mr. Chairman, I rise today cloning. It is wrong to try to duplicate human my colleagues will join me in sup- in opposition to H.R. 534, and in support of beings. But it is important, as we ban human porting the Greenwood substitute and the Greenwood substitute. give hope to these individuals. cloning, that we do not prevent legitimate sci- Two years have passed since the House Ms. LOFGREN. Mr. Chairman, I yield entific research into life-saving therapies that last considered this complex issue. And in that myself my final 30 seconds. can mean so much to human life. All of us Mr. Chairman, I urge a no vote on have friends who suffer from Alzheimer’s, dia- time, scientists and physicians around the this bill. We have taken a consensus betes, stroke, Parkinson’s, heart disease, liver world have made incredible strides in their ef- and we all agree that human cloning failure, end-stage renal disease, rheumatoid forts to understand and cure diseases like Alz- should be outlawed and warped it into arthritis, osteoporosis, burns, multiple scle- heimers, diabetes, and cancer. The work our a vehicle to impose one religious view- rosis, brain damage, Lou Gehrig’s disease and scientists are doing is truly remarkable and it point on the scientists of this country. lupus. Americans who suffer from these dis- holds the potential to alleviate human suffering Not only is this wrong, but it will force eases should not be told that Congress has around the globe. Today, we are considering scientists to flee our shores, will bring stopped the search for a cure for their dis- a bill, which will leave our sickest patients down the veil of ignorance to our coun- eases, and that they will have to move to an- hopeless at the expense of politics. try, and will remove us as having the other country to have any hope. I oppose reproductive human cloning be- leading scientific edge in the world for One of the great achievements of Congress cause it is morally wrong. But, H.R. 534 goes this biotechnology research. in the last several years has been to boost too far. The Weldon bill would stop all re- I urge all Members to vote no. NIH funding to accelerate the discovery of search initiatives that rely on somatic nuclear Mr. SENSENBRENNER. Mr. Chair- cures for many of these dread diseases. It cell transfers, just as we are realizing to enor- man, I yield myself the balance of my would be a mistake to put NIH and other lead- mous benefits of this biomedical research. The time. ing research institutions in a legal straight- Greenwood substitute, in contrast, bans repro- The CHAIRMAN. The gentleman jacket that prevented legitimate research. ductive cloning while allowing this critical re- from Wisconsin (Mr. SENSENBRENNER) Unfortunately, although the Weldon bill com- search to continue. is recognized for 21⁄2 minutes. mendably bans human cloning, it also cripples As a representative of the Research Tri- Mr. SENSENBRENNER. Mr. Chair- scientific research into potentially-life saving angle Region of North Carolina, I understand man, during this general debate we therapies. That is why I am supporting the the importance of the research our scientists have heard from the opponents of this Greenwood bill, which bans human cloning are conducting. It has the potential to save the legislation that scientific research without harming other scientific research. The lives of hundreds of thousands of people who would come to a screeching halt if a Greenwood bill actually has tougher punish- suffer from a number of debilitating diseases. ban on cloning of human embryos is ments for those who violate its provisions than The implications of passing H.R. 534 reach enacted. There would be no more stem the Weldon bill does. far beyond the highly emotional and conten- cell research, there would be no in There is considerable confusion surrounding tious debate of whether or not the creation of vitro fertilization, and on and on and this debate. I have been listening to many an embryo to be used in medical research on. people with differing points of view, and read constitutes human life. This bill criminalizes Nothing could be further from the many articles concerning the bills. One par- medical research that might be the only truth. The bill itself in section 302(d) ticularly touching conversation was with a fa- chance for a cure for many terrible diseases. says, and I quote, ‘‘Nothing in this sec- ther whose own son has Type I diabetes, and While the promise of this biomedical research tion restricts areas of scientific re- whose opposition to the human cloning and remains years away from being perfected and search not specifically prohibited by any related technology is so strong that he is utilized, the Greenwood substitute allows us to this section, including research in the willing to forego research that could even save hold on to the hope that we may one day find

VerDate Dec 13 2002 18:55 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 9920 E:\CR\FM\K27FE7.043 H27PT1 H1416 CONGRESSIONAL RECORD — HOUSE February 27, 2003 a cure for leukemia, heart disease, Parkin- humans. Already, these scientific methods I would note that the legislation’s supporters son’s, spinal cord injuries, and a host of other have enabled researchers to develop innova- would have us believe that H.R. 534 has noth- illnesses. tive drugs to treat diseases such as breast ing to do with stem cell research and would I urge my colleagues to oppose H.R. 534 cancer, and aid in treatment techniques for in- not disrupt scientific advances being made in and vote for the Greenwood substitute. juries, such as cloning skin cells for skin this important and much-discussed area. I dis- Mr. MANZULLO. Mr. Chairman, I rise today grafts. The bill I support restricts the use of agree with this argument. in support of H.R. 534, the Human Cloning cloning technology only on human embryos. I strongly believe that we should provide an Prohibition Act of 2003. Human cloning is ac- Mr. Chairman, I believe that human life at exemption for embryonic cloning for the pur- complished by a technique called ‘‘somatic cell every stage of biological development is de- pose of creating a genetically diverse stem nuclear transfer.’’ One takes the nucleus from serving of respect and protection, regardless cell line. a body (somatic) cell and transfers it into a fe- of the circumstances under which that human Mr. BLUMENAUER. Mr. Chairman, cloning male egg which has its nuclear material re- life was created. That is why I am supporting for the purpose of reproduction is wrong, and moved. Using an electric current or chemical H.R. 534 and will oppose Mr. Greenwood’s I am confident my colleagues agree. I am sup- stimulus, the cloned embryo beings to divide substitute amendment. porting a proposal, offered as an amendment as does a fertilized embryo. Thus, the product Ms. JACKSON-LEE of Texas. Mr. Chair- to H.R. 534, which clearly outlaws human re- of human cloning would be a human embryo, man, I rise today to speak on H.R. 534. This productive cloning while not closing the door regardless of how the embryo will be used. legislation involves an important public policy on future advancements in scientific research Mr. Chairman, I am opposed to human matter and what many would call cutting edge which have the potential to find cures for de- cloning for a variety of reasons. When animals scientific issue: human cloning. generative and life threatening diseases. This are cloned, 95–98 percent of the attempts end We have not held hearings in which we dis- research is critical to advancing therapies and in failure, and those that are successful have cussed the ethics of cloning and legislation cures for diseases such as Parkinson’s, Alz- genetic abnormalities. Most scientists will proposals to impose federal control on the heimer’s and diabetes, as well as conditions agree that human cloning poses a serious risk cloning process. Yet, today we will vote on the resulting from spinal and head injuries. of producing children who are stillborn, Human Cloning Prohibition Act of 2003, H.R. Most egregious, the underlying bill will halt unhealthy, severely malformed or disabled. 534. important research on cures for these dis- Many opponents of this bill think the cloned We all recognize that cloning is a fas- eases, which kill over 3,000 Americans each embryos will produce stem cells that can be cinating and promising issue but is certainly year. The bill goes so far as to even bar the an area that needs to be fully explored. We used to cure a variety of ailments. However, importation of overseas medical treatments must carefully balance society’s need for life- there are no models in animal cloning in which developed using cell cloning techniques. Just saving scientific research against numerous scientists derived stem cells to cure the ani- because this type of scientific research does moral, ethical, social and scientific issues. Re- mals. The prospect of creating clinical treat- not fit the ultra-conservative views of some productive cloning is almost universally op- ments from stem cells derived from cloned members of this body is no reason to withhold posed in Congress and the majority of Ameri- embryos is completely speculative. potentially life-saving treatments from millions cans are not comfortable with the prospect of The attempt to perfect human cloning de- of Americans suffering from debilitating and spite the high risks of injury would constitute a human clone. In our rush to ban reproductive cloning, life threatening diseases. These citizens and a violation of the fundamental principle of all there are some in Congress who want to close their families deserve better. human research: DO NO HARM. To proceed the door on this new research technology, This bill is a misplaced application of reli- on the basis that the eventual benefits may which may provide critical medical advances. gious doctrine, imposing a narrowly held view outweigh the probable harms to woman and And, one of these innovative areas is the of science and law on America. We can and child is akin to the Nazi experiments at Nur- promise of stem cell research. Stem cell re- should provide guidelines that prevent reck- emberg. Efforts to create human beings by search has the potential to cure some of the less experimentation on the development of cloning shift human reproduction into a manu- most painful and deadly diseases afflicting our humans and prohibit cloning for purposes of facturing process in which children are made population. human reproduction, but Congress should not in laboratories to preordained specifications H.R. 534 would make it next to impossible overreach in this area. and in multiple copies. to use stem cell lines to research diseases Ms. CORRINE BROWN of Florida. Mr. Human cloning also poses a significant risk which are more prevalent in people of par- Chairman, if I had been present, I would have to women’s health. In order to create human ticular racial or ethnic groups, for example, voted no on final passage and yes on the embryos, great quantities of women’s eggs will diseases such as sickle cell which afflict Afri- Democratic substitute. I needed to return to be needed. To obtain eggs, women will be in- can-Americans, thalassemia which dispropor- my district earlier than planned because of an jected with supervulatory drugs and then will tionately affects Asian-Americans, or Tay- urgent matter and because of the weather undergo an invasive procedure. The risks of Sachs which is prevalent in the Jewish popu- emergency. this procedure are just starting to be docu- lation. I believe that this measure is simply going mented. The side effects from these injections After Congress considered this issue in the too far since it bans all human cloning. This are known to be abdominal pain and nausea, 107th Congress, President Bush issued an would lead to a terrible stifling of important sci- in three to five percent of cases of order limiting stem cell research to the ap- entific research that could potentially have hyperstimulation of the ovaries occurs, caus- proximately seventy stem cell lines existing as been conducted to save the lives of countless ing severe abdominal pain, and on rare occa- of August 9, 2001. A recent Institute of Medi- human beings who suffer from degenerative sions surgery is required which may leave the cine study explained that because the cell and life-threatening illness. woman infertile. lines available to researchers are limited, they The bill is so extensive that it would not only Women of lower economic means are par- do not represent the genetic diversity of the ban reproductive cloning but also therapeutic ticular targets for exploitation. Women may be general population nor do they represent the cloning for research or medical treatment. paid to donate their eggs for failed human diversity of our population. Moreover, it would impede research that is de- cloning experiments. But it will not just be a Diseases that plague minority populations signed to help those who suffer from a variety few women who will be needed. In order to are almost certainly not represented in the 64 of disease such as Alzheimer’s, diabetes, Par- generate enough cloned embryos to carry out approved stem cell lines. On the uses of stem kinson’s and spinal cord injuries. research on the scale that is envisioned, thou- cells, the National Institutes of Health de- The bill would make it nearly impossible for sands of eggs will need to be solicited from scribed their medical potential as enormous. our country to benefit from ongoing stem-cell numerous women. Just to treat 16 million Par- The legislation before us is so sweeping research. Many people I have spoken with kinson’s patients, it is estimated that a min- that it would not only ban reproductive cloning that are informed on this subject argue that imum of 800 million human eggs would be but all uses of nuclear transfer—also known the technology banned by this bill is vital to needed from a minimum of 80 million of child- as therapeutic cloning—for research or med- any breakthrough in the use of these ‘‘master’’ bearing age. ical treatment. stem cells. Enactment of this legislation would I strongly support the development of cell H.R. 534 goes beyond banning reproductive stop stem cell research in its tracks and deny and tissue-based therapies based on research cloning to banning research in somatic cell nu- Americans the benefit of research that the Na- involving the tissue based on research involv- clear transfer. The result is that the bill would tional Institutes of Health has described as ing the cloning techniques to produce mol- cut off scientific developments that are grant- having ‘‘enormous’’ medical potential in the ecules, DNA, cells other than human embryos, ing hope to millions of Americans who have treatment of any number of life-threatening tissues, organs, plants, or animals other than been told there is no cure for their diseases. diseases and conditions.

VerDate Dec 13 2002 18:55 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 9920 E:\CR\FM\A27FE7.018 H27PT1 February 27, 2003 CONGRESSIONAL RECORD — HOUSE H1417 Additonally, I believe that those who oppose Galileo’s research is not described by religious ical, should be prohibited, and should be pun- stem cell research on ethical grounds are sim- scholars as ‘‘opening up new windows upon ishable under federal law. ply misunderstanding the issue. Currently, the wonders of God’s creation,’’ this research But in banning human cloning, we should there are tens of thousands of frozen embryos may one day be universally acclaimed—both not ban a laboratory technique called somatic already in fertility clinics around the nation, for its ability to cure diseases as well as the cell nuclear transfer, which can be used to de- which, if not used for research, will merely be insight it lends us to God’s creation. rive human embryonic stem cells. With such destroyed. These are cells that are not yet Mr. UDALL of New Mexico. Mr. Chairman, I stem cells, our scientists will gain fundamental specialized to perform a specific task, but can believe that human cloning is dangerous, un- insights into cell biology that will lead to new take on the character of virtually any cell in ethical and needs to be prohibited. The recent treatments and cures for a host of diseases the body. Numerous studies demonstrate that reports surrounding Clonaid’s supposed first and disabilities. these cells may be capable of repairing what successful human baby cloning, though thus Prohibiting this basic scientific technique will goes wrong with other cells, and therefore far unverified, provides further impetus for the severely hinder U.S. research. Our scientists hold the cure to many horrible diseases and need to enact a prohibition of this practice. As have achieved an unparalleled record of ac- conditions that attack the human body on the such, I strongly support banning the practice complishment by employing new technologies cellular level. of reproductive cloning, which is the replication to benefit humankind. New innovations in sci- In my view, not to take advantage of this re- of an individual’s genetic material in a new in- entific discovery have historically been con- search by yielding to the excessive influence dividual. troversial, but they have proven to save lives of our country’s powerful conservative activists However, as strong as my opposition is to and help manage devastating diseases. An would be a terrible mistake. I also do not be- the process of reproductive cloning, my sup- example is the use of recombinant DNA tech- lieve that an all out ban on human cloning port for continued stem cell research to de- nology, which provoked considerable alarm needs to include a ban on nuclear transfer re- velop cures for debilitating diseases such as and debate in the 1970’s, and has since be- search. The former brings a new child into the cancer, diabetes, and others, is equally strong. come the foundation of modern biomedical re- world; the latter is concerned only with the The process of therapeutic cloning, also search and our biotechnology industry. study of embryonic development and curing known as somatic cell nuclear transfer, is the In his speech memorializing the crew of the disease. In a word, this bill would prevent vital transplantation of a patient’s own DNA into an space shuttle Columbia, President Bush said. research from taking place. unfertilized egg in order to grow stem cells. ‘‘This cause of exploration and discovery is Ms. MAJETTE. Mr. Chairman, I would like Therapeutic cloning does not in any way lead not an option we choose; it is a desire written to take this opportunity to explain why I am to the creation of viable human life. However, in the human heart. We are that part of cre- voting against the Human Cloning Prohibition it does allow for continued research in the ation which seeks to understand all creation.’’ Mr. Chairman, we should be encouraging Act today. area of stem cells. our scientists to respond to that desire which I call to mind a previous case that I think Unfortunately as a result of overly broad is written in their hearts: understanding and closely resembles today’s actions by this cloning prohibition language in H.R. 534, the ending the suffering of their fellow human body. I refer to a trial that took place almost scientific process of therapeutic cloning is also beings. I urge my colleagues to vote in favor 40 years ago; the heresy trial of Galileo in prohibited along with reproductive cloning. 1633. of the substitute offered by Mr. GREENWOOD Also, as my colleague Mr. CONYERS has re- Galileo was a scientist who studied the mys- and, if it fails, against the underlying bill. cently pointed out, H.R. 534 also bans the im- teries of the physical world—he dared to ex- Mr. PITTS. Mr. Chairman, on Thursday, portation of lifesaving medicines from other plore that which we did not understand. Unfor- February 27, the House will take up the countries if their production is in anyway de- tunately, the political leaders at the time were Weldon-Stupak Human Cloning Prohibition Act rived from nuclear transfer. Because of these afraid, and justifiably so. They said that his (H.R. 534), a bill to prohibit the creation of ideas threatened their religious beliefs, they considerations, I will be voting against H.R. human embryos by cloning. were afraid of where the research would lead. 534. This is the same bill that the House debated I do, however, strongly support the sub- They were right to be afraid—they were wrong on July 31, 2001. On that occasion, our col- stitute measure being offered by Mr. GREEN- to take the actions they did as a result. league Mr. GREENWOOD offered a substitute Galileo’s persecutors concluded that his re- WOOD, Mr. DEUTSCH, Ms. DEGETTE, Mr. amendment that would have permitted the search was immoral, and after his heresy trial ESHOO, and Mr. KIRK. This measure also bans human cloning (the cloning of human em- he spent the rest of his life under house ar- the process of reproductive cloning, but allows bryos), but attempted to prohibit initiating a rest. It was not until 1992 that the church lifted continued stem cell research, which has pregnancy by implanting such a cloned human its edict of inquisition against him. shown great promise towards finding cures for embryo in a womb. The House decisively re- Galileo himself saw no conflict between many illnesses such as Parkinson’s disease, jected the Greenwood Substitute, and then science and religion. When asked about his juvenile diabetes, Alzheimer’s, spinal cord inju- adopted the Weldon-Stupak bill overwhelm- research, he said that ‘‘Holy Scripture and Na- ries, blindness and sickle cell anemia. ingly, 265–162. Although 64 members of the ture are both emanation from the divine word: Forty Nobel Laureates, millions of patients, Democratic caucus voted to pass the Weldon- the former dictated by the Holy Spirit, the lat- former first-lady Nancy Reagan who’s hus- Stupak bill, to our disappointment, Democratic ter the observant executrix of God’s com- band, as we all know, suffers from Alzheimer’s Leader GEPHARDT voted in opposition. mands.’ And he died a devout Catholic. disease, and others, have expressed support However, it is noteworthy that when Mr. Like the Roman Catholic Church in Galileo’s for therapeutic cloning. I urge my colleagues GEPHARDT appeared on NBC’s Meet the Press time, I am scared. I am afraid of where cloning to join me in support of the Greenwood sub- less than three weeks later, on August 19, research may lead. I am afraid of its applica- stitute and in support of banning the unethical 2001, he appeared to have had a change of bility in the wrong hands. But I refuse to be a process of human cloning, but at the same heart. Although host Tim Russert did not ask part of a heresy trial today. time allowing further research into a promising about cloning, Mr. GEPHARDT volunteered this This bill would make it a crime for scientists field that could benefit millions of men, remarkable statement: ‘‘Obviously, we don’t to pursue reasonable research, inspired by women, and children who suffer from dev- want cloning.... We passed a law saying noble goals and performed by decent people. astating diseases. no cloning and I think that’s the law that we Supporters of this misinformed bill argue Mr. SHAYS. Mr. Chairman, in our rush to ought to follow.’’ that this research should not be pursued. One ban human reproductive cloning, we are at The only bill that had been passed per- of the reasons they gave is that there is no risk of also banning the most promising and taining to cloning, of course, was the Weldon- evidence that the research will work as in- exciting area of biomedical research in the Stupak bill (the House had emphatically re- tended. I submit that that is exactly why it past thirty years. If passed into law, the overly- jected the pro-cloning Greenwood Substitute). should be pursued. After all, that is the point broad Human Cloning Prohibition Act would It seemed that Mr. GEPHARDT was taking cred- of research—to try to understand those things ban not only human cloning but also a labora- it for what the House had done, even though which we do not yet understand. tory technique that may enable scientists to he had voted against it just three weeks ear- I believe that we have some of the greatest understand the genetic causes of diseases lier. But be that as it may, we certainly agree minds of our time trying to find cures for the such as cancer and develop therapies for dis- with Mr. GEPHARDT’s conclusion that the ban dozens of diseases that plague us—young eases and disabilities such as diabetes, Par- that the House passed (the Weldon-Stupak and sold, rich and poor alike. I am unwilling to kinson’s Disease, and spinal cord injuries. bill) is indeed ‘‘the law that we ought to fol- take away any of their tools out of fear. No responsible person, patient advocate or low.’’ I am unwilling to persecute Galileo. My faith scientist supports the cloning of human We urge you to oppose the Greenwood in God is strong and, perhaps, just as beings. Human reproductive cloning is uneth- Substitute, which would permit what President

VerDate Dec 13 2002 18:55 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 9920 E:\CR\FM\A27FE7.014 H27PT1 H1418 CONGRESSIONAL RECORD — HOUSE February 27, 2003 Bush called cloned human ‘‘embryo farms,’’ Alan Coleman, A Singapore-based scientist high standard for humanity, and pass a law and to support the Weldon-Stupak bill, the who helped clone Dolly said, ‘‘I think it against all human cloning.’’ In a speech on only bill that would really say ‘‘no cloning.’’ highlights more than ever the foolishness of human cloning last year, President Bush warned that unless such legislation is en- The complete transcript of the exchange be- those who want to legalize (human) . . . cloning . . . In the case of humans, it would acted, human ‘‘embryo farms’’ will be estab- tween Mr. Russert and Mr. GEPHARDT follows. be scandalous to go ahead given our knowl- lished in the United States. (See [Excerpt from NBC Meet The Press, August edge about the long-term affects of cloning.’’ www.whitehouse.gov/news/releases/2002/04/ 19, 2001] If cloning is not safe for animals, how can print/20020410-4.html) Mr. TIM RUSSERT: Let me turn to the issue it be good for humans? THE SITUATION IN CONGRESS of stem cell embryo research. The president I urge you to vote for the Weldon/Stupak The House Judiciary Committee is sched- decided that we should look at the stem cells ban (H.R. 534) and vote against the Green- uled to mark up the Weldon-Stupak bill that already exist, but not allow any devel- wood substitute. (H.R. 534) on Wednesday, February 12, at opment of any new stem cells. You disagree Cordially, 10:15 a.m., at 2141 Rayburn House Office with him. Why? JOSEPH R. PITTS, Building. Once the committee completes its Rep. RICHARD GEPHARDT (D–Mo.): I just—I Member of Congress. work, the full House could take up the bill at don’t think we know where this research is Mr. RYUN of . Mr. Chairman, I be- any time. H.R. 534 is nearly identical to the going. We don’t even know how many stem lieve that all embryonic cloning, whether thera- measure that passed the House on July 31, cell segments are out there now. He said 60. peutic or reproductive, violates moral and ra- 2001, by lopsided bipartisan vote of 265–162 Some of the researchers don’t even know tional bounds. (roll call no. 304). When the House considered that there are 60 in place now. This is an the issue on that occasion, it decisively re- emerging field. Look, if you have somebody First, embryonic cloning is unproven. Not a jected (249–178) as substitute amendment, the in your family who has Alzheimer’s, who has single case of embryonic cloning in animals Greenwood-Deutsch Amendment, that would diabetes, who has cancer, you want to find has resulted in successful treatment of any have allowed the cloning of human embryos the answers to these problems. The research- disease. Furthermore, animals created through for research (roll call no. 302). ers believe there may be real answers to embryonic cloning have developed unnaturally The Senate companion to the Weldon-Stu- many of these diseases over the next years. and suffered numerous genetic defects. pak bill, the Brownback-Landrieu bill (S. We shouldn’t limit the areas that we’re Second, embryonic cloning is immoral. 245), currently has 26 cosponsors. A radically going to look at. We ought to see where the different measure, the Hatch-Feinstein bill Every cloned embryo is capable of developing (S. 303), has only eight cosponsors, but it has research can go. Obviously, we don’t want into an adult. The Greenwood amendment cloning. Nobody is for cloning. But we need considerable additional support, mostly to use the research that’s out there to get proposes the artificial creation of life and sub- among Senate Democrats. the answers to these diseases. Boy, if you’ve sequent destruction thereof. This cannot be The Brownback-Landrieu bill has been re- got somebody in your family that’s really ill, tolerated. ferred to the Committee on Health, Edu- you want to know the research might find an Finally, even in the most conservative of es- cation, Labor, and Pensions (HELP), which answer. timates, hundreds of millions of human eggs is chaired by Senator Judd Gregg (R–NH), who was a cosponsor of the bill in the 107th Mr. RUSSERT: The public seems to support would be needed for human cloning. Women, the president overwhelmingly. Let me show Congress. The Hatch-Feinstein bill has been especially the under-privileged, would be ex- referred to the Senate Judiciary Committee, you the latest USA Today poll. Sixty percent ploited for the sale of their eggs. We cannot approve of the president’s decision; just 34 which Hatch chairs. Whatever happens in percent disagree. And there’s a simple ques- allow human eggs to become a commodity. these committees, the full Senate ultimately tion to be asked: When do you think life be- We must ban all embryonic cloning. I urge will vote on both of these diametrically con- gins? my colleagues to support the resolution. flicting approaches. The recently selected Senate Majority Rep. GEPHARDT: Well, the Supreme Court Mr. SOUDER. Mr. Speaker, I would like to Leader, Bill Frist (R–Tn.), said in a January said, after the—you know, somewhere be- submit the following information from National 12 interview on Fox News Sunday, ‘‘I am op- tween the first and second trimester. Right-to-Life: posed to any time that you create an embryo Mr. RUSSERT: But when do you think? Congress is renewing consideration of itself with the purpose being destruction, Rep. GEPHARDT: I think the Supreme Court whether to ban all human cloning, as a num- and that would include the so-called research probably had it right. And I think we ought ber of other major nations have already to use the research that can be done on stem cloning. And remember, research, cloning is done. On Wednesday, February 12, the House just that, it’s experimental. There’s been no cells to find the answers to these dread dis- Judiciary Committee will act on the Weldon- eases. You know, try . . . demonstrated benefit of that to date, so I Stupak bill (H.R. 534). This bill, which is don’t think you ought to destroy life. . .’’ Mr. RUSSERT: Wait, wait, wait. This is im- backed by President Bush, would ban the The key differences between the two bills portant. When you first came to Congress, creation of human embryos by cloning. In are discussed below. In many recent news you proposed a constitutional amendment to the Senate, the same policy is embodied in media reports on human cloning issues, the ban all abortion. And you said on the House the Brownback-Landrieu bill (S. 245). differences have been mischaracterized, and floor, ‘‘Life begins at conception.’’ You’ve Those who favor cloning human embryos the specific activities that each bill would now changed your mind? are proposing competing legislation that allow and prohibit have been widely mis- Rep. GEPHARDT: I think that the thing to would allow the mass cloning of human em- understood. do here is to follow the Supreme Court. I bryos to be killed in research, but attempt to MISCONCEPTIONS AND FACTS think their decision said it very clearly, and ban implanation of such an embryo in a I think that’s the policy that ought to be fol- womb. In the House, we expect that this Misconception: The Brownback-Landrieu/ Weldon-Stupak legislation prohibits cloning lowed. I think on this stem cell research de- ‘‘clone and kill’’ approach will be advanced of human ‘‘cells,’’ while the Hatch-Feinstein cision, we’ve got to let the research go to by Rep. Jim Greenwood (R–Pa.), who offered where it can, to find the answers to these bill would allow cloning of ‘‘cells.’’ such a proposal in 2001. In the Senate, a Reality: The Brownback-Landrieu bill (S. problems. cloning-embryos-for-research bill has been Mr. RUSSERT: Including using the frozen 245) and the Weldon-Stupak bill (H.R. 534)— introduced by Senator Orrin Hatch (R–Utah), like their predecessors in the 107th Con- embryos that are created by in vitro fer- Dianne Feinstein (D–Ca.), and others as S. tilization clinics. gress—explicitly allow ‘‘the use of nuclear 303. transfer or other cloning techniques to Rep. GEPHARDT: I think we ought to let the In recent days, a number of news outlets produce molecules, DNA, cells other than research find the answers to these problems. have transmitted inaccurate reports about human embryos, tissues, organs, plants, or Mr. RUSSERT: So you would use those? what these competing bills would each allow animals other than humans.’’ [Sec. 2 of the Rep. GEPHARDT: We passed a law saying no and forbid—reports that obscure what the ar- bill, at (d) in H.R. 534 and at (e) in S. 245; cloning and I think that’s the law that we gument is really about. These points of con- boldface added for emphasis] Thus, the meth- ought to follow. fusion are discussed in more detail below. Mr. RUSSERT: But these are stem cell em- ods currently used to ‘‘clone’’ new skin, for bryos created by in vitro fertilization clinics PRESIDENT BUSH’S POSITION example, or to ‘‘clone’’ DNA, are perfectly that are discarded if not used for research. President Bush has repeatedly called on okay under the Brownback-Landrieu bill. Rep. GEPHARDT: I think we ought to let the Congress to ban all human cloning (i.e., to Moreover, any cloning method that would research find the answers to these problems. ban the cloning of human embryos). In re- produce stem cells without first producing marks on January 22, the President said, ‘‘I and killing a human embryo—as some re- CONGRESS OF THE U.S., also urge the Congress to ban all human searchers have claimed that they eventually HOUSE OF REPRESENTATIVES, cloning. We must not create life to destroy will be able to do—is explicitly permitted by Washington, DC, February 25, 2003. life. Human beings are not research material this language. In addition, the Brownback- DEAR COLLEAGUE: By now, everyone has to be used in a cruel and reckless experi- Landrieu and Weldon-Stupak bills place no heard of the euthanized death of ‘‘Dolly,’’ ment.’’ In his January 28 State of the Union restrictions on research of any kind on the infamous cloned sheep. She died on Val- speech, the President said, ‘‘Because no human ova (‘‘eggs’’). entine’s Day 2003 at the age of 6, half the human life should be started or ended as the In short, the Brownback/Weldon legislation normal life-expectancy for a sheep. object of an experiment, I ask you to set a and the Hatch-Feinstein legislation are alike

VerDate Dec 13 2002 18:55 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A27FE7.016 H27PT1 February 27, 2003 CONGRESSIONAL RECORD — HOUSE H1419 in that they would both permit cloning in- MISCONCEPTION: The Hatch-Feinstein veto. Thompson wrote, ‘‘The President does volving merely eggs, cells, or tissues, but bill would allow research only ‘‘unfertilized not believe that ‘reproductive’ and ‘research they differ on one proground issue: The eggs up to 14 days.’’ cloning should be treated differently, given Hatch-Feinstein/Greenwood proposals would REALITY: As can be confirmed by ref- that they both require the creation, exploi- allow the use of the somatic cell nuclear erence to any biology text or even any de- tation, and destruction of human embryos transfer (SCNT) process to clone human em- cent dictionary, a human ovum or ‘‘egg’’ is, . . . the Administration could not support bryos, and the Brownback/Weldon legislation by definition, a single cell. Moreover, it is a any measure that purported to ban ‘repro- would forbid the use of SCNT to clone human very unusual cell—a gamete cell, which ductive’ cloning while authorizing research embryos. means it has only 23 chromosomes. An ovum cloning, and I would recommend to the Verbiage by supporters of ‘‘research has no sex. President that he veto such a bill.’’ (See cloning’’ about ‘‘eggs’’ and ‘‘cells’’ is in- As discussed above, once one has a com- www.nrlc.org/KillinglEmbryos/ tended to conceal what the argument is real- plete nucleus from any species that is acti- ThompsontoBrownback.pdf) ly about: whether it should be permitted to vated (whether by sexual fertilization or by The Hatch-Feinstein bill would give fed- clone human embryos. asexual somatic cell nuclear transfer, SCNT) eral law enforcement agencies responsibility Misconception: So-called ‘‘therapeutic and developing, then one has a developing for trying to enforce a ban on implanting a cloning’’ does not involve creating human embryo of that species (sheep, cow, Homo cloned embryo in a womb—an approach that embryos. sapiens, etc). There is no such thing in biol- the Justice Department in 2002 rejected as Fact: That SCNT using human genetic ma- ogy or in any dictionary as a human ‘‘egg’’ unworkable. The Department explained that terial will create a developing embryo of the or ‘‘egg cell’’ that has 46 chromosomes, is ei- once large numbers of cloned human em- species Homo sapiens is something that au- ther male or female, and is five days old bryos are created, there is no practical way thorities on all sides agreed on until some- (consisting of several hundred cells) or even to prevent some of them from being im- time in 2001, when some of the pro-cloning 14 days old (consisting of thousands of cells). planted in wombs, and no remedy to apply forces decided to try to obscure this fact for In short, calling a five-day-old or a two- after that occurs. The testimony is posted political purposes. Among those who clearly week-old human embryo an ‘‘egg’’ is an at- here: www.nrlc.org/killinglembryos/Jus- affirmed that SCNT will create human em- tempt to deceive the public regarding what ticelDeptlonlcloning.pdf bryos were the bioethics panels of both the policy argument is really about. We sub- MISCONCEPTION: The Hatch-Feinstein Presidents Clinton and Bush, the embryo re- mit that this is not an effort in which re- bill would ‘‘ban human cloning’’ or ‘‘ban the search panel at NIH, and the chief cloning sponsible journalists should enlist. closing of human beings.’’ researchers at Advanced Cell Technology in The actual text of the Hatch-Feinstein bill REALITY: The Hatch-Feinstein bill does Massachusetts. Some samples of such state- coins the term ‘‘unfertilized blastocyst.’’ But not ban ‘‘human cloning.’’ It bans implant- ments, which pre-date the current ‘‘blastocyst’’ is simply a technical term for ing a cloned human embryo ‘‘into a uterus or disinformation campaign, are posted here: an embryo at an early stage of development. the functional equivalent of a uterus’’ (the www.nrlc.org/KillinglEmbryos/ As for ‘‘unfertilized,’’ this is just another latter term is not defined), an act to which factsheetembryo.html word trick aimed at the gullible. Of course criminal penalties are attached. It also at- To cite just one example here, a group of human embryos produced by cloning will be tempts to impose a rule against allowing a scientists, ethicists, and biotechnology ex- ‘‘unfertilized,’’ because that is what cloning cloned human embryo (a so-called ecutives advocating so-called ‘‘therapeutic is: asexual reproduction—no sperm. Every ‘‘unfertilized blastocyst’’) to develop past 14 cloning’’ and use of human embryos for re- cloned mammal in the world was unfertilized days of age (Not counting time frozen). Vio- search—Arthur Caplan of the University of from the one-celled embryo stage, and every lations of this ‘‘14-day rule’’ are subject to a Pennsylvania, Lee Silver of Princeton Uni- one of them will be unfertilized on the day civil fine of up to $250,000, and there is noth- versity, Ronald Green of Dartmouth Univer- they die. If a human embryo created by ing in the bill to prevent the threat of such sity, and Michael West, Robert Lanza, and cloning instead of fertilization is implanted a fine from being applied even against a Jose Cibelli of Advanced Cell Technology— in a womb, is born, and lives to be eighty, woman who carries an unborn cloned human wrote in the December 27, 2000 issue of the she will still be unfertilized. in utero, perhaps in an attempt to compel Journal of the American Medical Associa- MISCONCEPTION: The Hatch-Feinstein her to procure an abortion. tion, ‘‘CRNT [cell replacement through nu- bill is a compromise that would accomplish In other words, the bill bans not ‘‘human clear transfer, another term for ‘‘therapeutic what almost everyone agrees on, banning cloning,’’ but the survival of human clones, cloning’’] requires the deliberate creation ‘‘reproductive cloning.’’ which is a very different thing. and disaggregation of a human embryo.’’ REALITY: Far from representing ‘‘com- Any bill that permits cloning (somatic cell They also wrote, ‘‘. . . because therapeutic mon ground,’’ the Hatch-Feinstein bill rep- nuclear transfer) with human nuclei does not cloning requires the creation and resents a policy disfavored by most Ameri- ‘‘ban human cloning,’’ because such a bill al- disaggregation ex utero of blastocyst stage cans and strongly opposed by the Bush Ad- lows the cloning of embryos of the species embryos, this technique raises complex eth- ministration. It will not become law. But Homo sapiens, and an embryo of the species ical questions.’’ that does not bother many of its backers, Homo sapiens is human (just as the cloned In its 2002 report on human cloning, the such as the biotechnology industry lobby, embryo that was later born as Dolly the President’s Council on Bioethics, although because the primary purpose of the Hatch- sheep, the first cloned mammal, was always divided on policy recommendations, provided Feinstein bill is to impede enactment of the a member of the species Ovis aries). without dissent recommendations regarding real ban on human cloning, by providing po- As to whether a cloned human embryo is to the use of honest terminology in this crucial litical cover for lawmakers who favor allow- be regarded as a ‘‘human being,’’ we would public policy debate, including acknowl- ing the creation of human embryos for re- think that journalists would want to avoid edging that successful SCNT will create search. blatantly taking sides on that question. A human embryos. The Council said, ‘‘The Notwithstanding the marketing efforts of statement that the Hatch-Feinstein bill product of ‘SCNT’ is not only an embryo; it the biotechnology industry lobby and its al- ‘‘bans the cloning of human beings’’ is cer- is also a clone, genetically virtually iden- lies, the policy the Hatch-Feinstein bill or tainly taking sides on the issue, because it tical to the individual that was the source of the Greenwood amendment would enact a amounts to a declaration that a two-week- the transferred nucleus, hence an embryonic policy that is far from a consensus position— old embryo of the species Homo sapiens is clone of the donor.’’ indeed, a policy that the substantial major- not a ‘‘human being.’’ (If not, what species of The Council recommended use of the terms ity of Americans oppose. A Gallup poll in being is it?) ‘‘cloning for biomedical research’’ and May 2002 found that 61% of the American It appears that President Bush is among ‘‘cloning to produce children’’ to distinguish people opposed ‘‘cloning of human embryos those who recognize cloned human embryos between two of the purposes for which for use in medical research’’ (34% approved), as human beings: in his January 22 state- human embryos might be cloned. (‘‘Cloning which is precisely what the Hatch-Feinstein ment, the President said, ‘‘I also urge the for research’’ and ‘‘cloning for birth’’ convey bill is crafted to allow and indeed encourage. Congress to ban all human cloning. We must pretty much the same thing.) The Council’s In other polls, substantially higher numbers not create life to destroy life. Human beings discussion on accurate and neutral termi- are opposed when it explained that the are not research material to be used in a nology is here: www.bioethics.gov/ human embryos will die in the research. cruel and reckless experiment.’’ [emphasis cloningreport/terminology.html The Hatch-Feinstein bill is not a partial added] The phrase ‘‘reproductive cloning’’ is mis- solution or a middle ground. Rather, it is a The National Right to Life Committee be- leading, because whenever somatic cell nu- step in the wrong direction. The Hatch-Fein- lieves that if a cloned human being is born, clear transfer produces a developing embryo, stein bill would give a green light to the es- she should have the same status as other hu- ‘‘reproduction’’ has occurred. The term tablishment of human embryo farms. mans—but Senator Hatch and some others ‘‘therapeutic cloning’’ is misleading, because The ‘‘clone and kill’’ approach has already apparently are not so sure. In a press release no therapies have been demonstrated using been emphatically rejected by the Bush Ad- dated February 5, 2002, Senator Hatch said, cloned embryos (even in animals, as dis- ministration and by the House of Represent- ‘‘No doubt somewhere, some—such as the cussed below), and the process is certainly atives (in 2001). Secretary of Health and Raelians—are trying to make a name for not ‘‘therapeutic’’ for the human embryo Human Services Tommy Thompson last year themselves and are busy trying to apply the who is dissected—which is what the argu- sent a letter to Senator Brownback warning techniques that gave us Dolly the Sheep to ment is about. that such a bill would face a presidential human beings. Frankly, I am not sure that

VerDate Dec 13 2002 18:55 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A27FE7.025 H27PT1 H1420 CONGRESSIONAL RECORD — HOUSE February 27, 2003 human being would even be the correct term prophetic, not only in the way they describe times. It has moral, religious, legal, and eth- for such an individual heretofore unknown in legislators’ attempts to transform society ical overtones. However, this debate is as nature.’’ through socialized economic planning, but also must about process as it is the problem we As Slate.com columnist Will Saletan com- are trying to solve. mented (‘‘Killing Eve,’’ December 31, 2002, in the analogy to the current moral issue be- This dilemma demonstrates so clearly why http://slate.msn.com/id/2076199/), ‘‘The first fore us today: human cloning. difficult problems like this are made much cloned baby—Eve or whoever comes after Human life begins at conception. This fact is more complex when we accept the notion her—won’t be fertilized. If fertilization is a not a matter of faith. Every contemporary text- that a powerful centralized state should pro- prerequisite to humanity, as Hatch and Fein- book of human embryology teaches that the vide the solution, while assuming it can be stein suggest, that baby will never be life of the new individual human being begins done precisely and without offending either human. You can press the pillow over her at fertilization. When an embryo is cloned, a side, which is a virtual impossibility. face and walk away.’’ (See also: distinct human being is created: if implanted Centralized governments’ solutions inevi- www.nrlc.org/killinglembryos/ into a woman’s uterus, he or she grows into tably compound the problem we’re trying to arecloneshuman.html) solve. The solution is always found to be of- MISCONCEPTION: Those who favor a human being. Those who deny the humanity fensive to those on the losing side of the de- cloning for research would never allow of the ‘‘embryo’’ simply deny the facts. bate. It requires that the loser contribute clones to develop past two weeks of age. Today we see another instance of the legis- through tax payments to implement the par- REALITY: While the Hatch-Feinstein bill lator playing God, viewing himself as Bastiat’s ticular program and ignores the unintended purports to establish a two-week ‘‘deadline’’ farmer or chemist. But human embryos are consequences that arise. Mistakes are na- for killing human clones, there are substan- not just some ‘‘seeds’’ for the ‘‘farmers’’ to tionalized when we depend on Presidential tial reasons to doubt that the biotechnology scatter! I ask those of you wishing to use tax- orders or a new federal law. The assumption industry would support such a limitation in payer dollars to fund human cloning: Were that either one is capable of quickly resolv- ing complex issues is unfounded. We are now a bill it actually expected to become law. Al- you not once at this very stage of life? Is not ready, some policymakers are opening the obsessed with finding a quick fix for this dif- door to ‘‘fetus farming’’ with human clones. each of you a developed embryo? And to ficult problem. For example, the New Jersey legislature those who view cloning and the accompanying Since federal funding has already been appears close to giving final approval to a destruction of humans at the embryonic stage used to promote much of the research that bill that would permit cloned humans to be of life as morally acceptable, I ask this, Are has inspired cloning technology, no one can grown through any stage of fetal develop- you aware that it took 277 attempts to clone be sure that voluntary funds would have ment, even to birth, to obtain tissues for Dolly the sheep, and when she finally was been spent in the same manner. There are transplantation, as long as they are not kept born, she was defective and died soon after? many shortcomings of cloning and I predict alive past the ‘‘newborn’’ stage. (SB 1909, as there are more to come. Private funds may amended) Four members of the President’s We must shudder to think of what this kind of well have flowed much more slowly into this Council on Bioethics wrote to Gov. James experimentation implies for humans. Many ig- research than when the government/taxpayer McGreevey to warn about the bill’s radical nore that a human is not cloned by simply does the funding. The notion that one per- implications. (See www.nationalreview.com/ waving a magic wand—rather, embryos are son, i.e., the President, by issuing a Presi- document/document020303c.asp) experimented upon and then discarded before dent order can instantly stop or start major Last year, researchers reported harvesting a human is created via cloning. Many pro- research is frightening. Likewise, the U.S. tissue from cloned cows at six and eight lifers mistakenly attack the act of cloning, Congress is no more likely to do the right weeks of fetal development, and from cloned when what they should address is the dis- thing than the President by rushing to pass mice at the newborn stage. Both studies a new federal law. Political wisdom in deal- were widely reported by the news media as carding of humans at the embryonic stage of ing with highly charged and emotional issues breakthroughs for so-called ‘‘therapeutic development that precedes the act of cloning. is not likely to be found. cloning.’’ Indeed, so far these are the only Today we have before us a bill that at- The idea that the taxpayer must fund con- two animal studies that have claimed to tempts to protect innocent human life from leg- troversial decisions, whether it be stem cell show ‘‘therapeutic’’ results from cloning. islators wishing to exploit it. Though well inten- research, or performing abortion overseas, I Mr. VITTER. Mr. Chairman, every once in a tioned, Congress does not have authority find repugnant. The original concept of the republic was much more suited to sort out while, an issue comes along that makes so under the Constitution to create a federal law banning cloning and the accompanying de- the pros and cons of such a difficult issue. It much sense and has so much support, it did so with the issue of capital punishment. clearly must be good public policy. The issue struction of human life. The separation and It did so, until 1973, with the issue of abor- before us today, a full and complete ban on enumeration of powers reserves to the states tion. As with many other issues it has done cloning, is just such an issue. and local governments the power to write and the same but now unfortunately, most dif- The American people overwhelmingly sup- enforce laws that protect life. If this bill instead ficult problems are nationalized. port banning cloning, a majority of this House were introduced as a constitutional amend- Decentralized decision making and has voted in the past to fully ban cloning, the ment banning the destruction and discarding privatized funding would have gone a long of human embryos, it would both accomplish way in preventing the highly charged emo- Administration supports this ban, and impor- tional debate going on today regarding tantly scientists and doctors and other medical its purpose and, equally important, hold to the cloning and stem cell research. professionals support this ban on cloning. letter of the law. There is danger in a blanket national pro- So what’s the hold up? In Congress we can either pass an uncon- hibition of some questionable research in an A lot has been and will be said about ‘‘re- stitutional ban on cloning, or we can abide by effort to protect what is perceived as legiti- search cloning’’ or ‘‘therapeutic cloning’’—but the law and not pass the ban, as bureaucrats mate research. Too often there are unin- despite all of the semantics and wordplay the continue to have control over human cloning tended consequences. National legalization other side uses, the reality remains that this and use of taxpayer funds to destroy human of cloning and financing discredits life and life. These bureaucrats seem to have no dif- insults those who are forced to pay. Even a procedure is one that simply horrifies most national law prohibiting cloning legitimizes Americans. The repercussions if we do not act ficulty violating the consciences of those who national approach that can later be used to today are grave. recognize cloning experimentation for what it undermine this original intent. This national Whate we’re debating here is the value of is. What is to be done? I fear the answer to approach rules out states from passing any human life, pure and simple. If you want to re- this question, and its implications, will continue meaningful legislation and regulation on duce human life to merely clinical terms, re- to haunt us in the months and years to come, these issues. search elements and other antiseptic talk, then whether or not this federal ban on human There are some medical questions not yet cloning passes. Mr. Speaker, when we last resolved and careless legislation may impede you can vote that way today. But if you are as legitimate research and use of fetal tissue. horrified I am, as the American people are, considered this issue I placed the following For instance, should a spontaneously abort- and the medical community is, by the ghastly statement in the RECORD and wish to do so ed fetus, non-viable, not be used for stem cell possibilities that cloning offers us, then you once again. research or organ transplant? Should a live should support this legislation and a complete, Mr. PAUL. Mr. Speaker, today we’re being fetus from an ectopic pregnancy removed full, and real ban on cloning. asked to choose between two options dealing and generally discarded not be used in re- I comment the gentlemen from Florida with the controversies surrounding cloning search? How is a spontaneous abortion of an and stem cell research. As an obstetrician (DAVE WELDON) and Michigan (STUPAK) for embryo or fetus different from an embryo gynecologist with 30 years of experience with conceived in a dish? their work, and strongly encourage all of my strong pro-life convictions I find this debate Being pro-life and pro-research makes the colleagues to support the passage of this im- regarding stem cell research and human question profound and I might say best not portant bill. cloning offtrack, dangerous, and missing answered by political demagogues, executive Mr. PAUL. Mr. Speaker, these words are some very important points. This debate is orders or emotional hype. How do problems from Frederic Bastiat’s The Law. They are one of the most profound ethical issues of all like this get resolved in a free society where

VerDate Dec 13 2002 18:55 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A27FE7.027 H27PT1 February 27, 2003 CONGRESSIONAL RECORD — HOUSE H1421 government power is strictly limited and and develop life-saving therapies that could any attempt to clone humans for reproductive kept local? Not easily, and not perfectly, but benefit millions of Americans. purposes and has acted to stop such efforts. I am confident it would be much better than H.R. 534’s overly broad language would I support the FDA’s actions. through centralized and arbitrary authority needlessly outlaw an important form of ad- I believe H.R. 534 goes too far. This legisla- initiated by politicians responding to emo- tional arguments. For a free society to func- vanced cell research, known as somatic cell tion would not just ban reproductive cloning, it tion, the moral standards of the people are nuclear transfer. This research holds great would create harsh criminal penalties that crucial. Personal morality, local laws, and promise to radically improve the health of would significantly restrict a wide range of sci- medical ethics should prevail in dealing with Americans. This laboratory procedure allows entific research efforts in related fields. a subject such as this. This law, the govern- for the development and harvesting of embry- This legislation would specifically halt sci- ment, the bureaucrats, the politicians can’t onic stem cells that can potentially repair dam- entific efforts aimed at developing new treat- make the people more moral in making aged organs and tissues. If the donor material ments for those suffering from cancer, diabe- these judgments. tes, Parkinson’s disease, Alzheimer’s disease, Laws inevitably reflect the morality or im- of this procedure is from the patient, the stem morality of the people. The Supreme Court cells would be genetically identical to the pa- spinal cord and burn injuries. These diseases did not usher in the 60s revolution that un- tient and thus avoid the problem of immune and injuries can be extremely debilitating, dermined the respect for all human life and system rejection that is present with conven- costly and dehumanizing for individuals, fami- liberty. Instead, the people’s attitude of the tional treatments. According to the National In- lies and our society. I’m also concerned with 60s led to the Supreme Court Roe vs. Wade stitutes of Health, this technology has ‘‘enor- provisions in the bill that would ban Ameri- ruling in 1973 and contributed to a steady mous’’ medical potential to treat conditions as can’s from receiving new treatments devel- erosion of personal liberty. If a centralized oped in other countries that have developed government is incapable of doing the right varied as Parkinson’s disease, chronic heart disease, Alzheimer’s disease, diabetes and with such research. thing, what happens when the people em- If this bill is passed, we’re showing the brace immorality and offer no voluntary eth- spinal injuries. ical approach to difficult questions such as Unfortunately, this bill’s broad language also world that our drive for innovation can be de- cloning? The government then takes over makes illegal the importation of any therapies railed by senseless hysteria. Limiting Ameri- and predictably makes things much worse. developed in other countries that employ this cans access to new treatments and therapies The government cannot instill morality in advanced cell research technology. This ban based on fear and ideology is a backward way the people. An apathetic and immoral soci- against importation will further deprive our Na- to legislate in the twenty-first century. ety inspires centralized, rigid answers while Mr. BUYER. Mr. Chairman, I rise in support tion’s patients of treatments that could save the many consequences to come are ignored. of H.R. 534, the Human Cloning Prohibition Unfortunately, once centralized government their lives. Support for the continuation of advanced Act, and I am pleased to be a cosponsor of takes charge, the real victim becomes per- this measure. The only difference between sonal liberty. cell research has been expressed by count- human cloning to produce a cloned baby and What can be done? The first step Congress less teaching and research institutions, sci- human cloning for research is whether the should take is to stop all funding of research entists, and patient advocate groups. Oppo- cloned embryo is implanted in the uterus or for cloning and other controversial issues. nents of this research are quick to offer sce- Obviously all research in a free society destroyed. The scientific procedure to create narios of doom and gloom if we allow this re- should be done privately, thus preventing the clone is the same. this type of problem. If this policy were to be search to continue. Yet, this same group of re- H.R. 534 would prevent cloned human em- followed, instead of less funding being avail- ligious zealots and hapless naysayers made bryos from being used as human guinea pigs. able for research, there would actually be similar predictions with the development of Without this legislation, human life could be more. such biological advances as in-vitro fertiliza- copied, manufactured in a laboratory, in a petri Second, the President should issue no Ex- tion and recombinant DNA. The only ‘‘horrors’’ ecutive Order because under the Constitu- dish, for the sole purpose of harvesting cells that have occurred from fostering that biologi- and then destroying the clone. The mass pro- tion he does not have the authority either to cal research has been allowing more than promote or stop any particular research nor duction of human clones solely for the pur- does the Congress. And third, there should be 16,000 otherwise infertile couples to experi- pose of human experimentation demeans us no sacrifice of life. Local law officials are re- ence the joys of childbirth and parenthood and all. sponsible for protecting life or should not the development of an improved form of insu- The simple, most effective way to stop this participate in its destruction. We should con- lin for the treatment of diabetes. process is to ban it, deterring its use. H.R. 534 tinue the ethical debate and hope that the While I strongly urge my colleagues to op- does nothing to prohibit appropriate scientific medical leaders would voluntarily do the pose H.R. 534, I also encourage support of research. It fully permits research that clones self-policing that is required in a moral soci- the Greenwood/Deutsch substitute bill that molecules, or DNA, tissues, organs, plants, or ety. Local laws, under the Constitution, prohibits the cloning of a human life, but al- could be written and the reasonable ones non-human animals. So-called therapeutic could then set the standard for the rest of lows for the continuation of advanced cell re- cloning has not produced a single cure in ani- the nation. search and the unfettered availability of mal models for any disease, nor has it pro- This problem regarding cloning and stem health-improving products and procedures de- duced any cures in human clinical trials. cell research has been made much worse by rived from this research. In the area of human embryo cloning, the the federal government involved, both by the Mr. DEFAZIO. Mr. Speaker, today we are ends do not justify the means. pro and con forces in dealing with the federal having a virtually identical debate over the vir- Mr. CAPUANO. Mr. Chairman, I rise today government’s involvement in embryonic re- tually identical bill we had in the 107th Con- in opposition to H.R. 534, the Human Cloning search. The problem may be that a moral so- gress. Had I not been required to travel to Or- ciety does not exist, rather than a lack of Prohibition Act of 2003. This legislation would federal laws or federal police. We need no egon for official representational purposes, I ban reproductive human cloning and prohibit more federal mandates to deal with difficult would have voted (1) ‘aye’ on the Scott nuclear transplantation to produce stem cells issues that for the most part were made amendment to provide for a GAO study to de- for medical research. I am sure that most of worse by previous government mandates. termine whether the prohibition on human my colleagues here today would agree with If the problem is that our society lacks cloning needs to be amended in the future me and every one of my constituent scientists moral standards and governments can’t im- give newer technologies; (2) ‘no’ on the with whom I have discussed this matter that pose moral standards, hardly will this effort Stearns amendment forcing our moralities on we do not want to allow reproductive cloning. to write more laws solve this perplexing and intriguing question regarding the cloning of other nations; (3) ‘aye’ on the Greenwood An attempt to duplicate an individual human a human being and stem cell research. Nei- amendment in the nature of a substitute; and raises profound and disturbing moral and bio- ther option offered today regarding cloning (3) ‘no’ on the underlying bill, H.R. 534. ethical questions. It is unacceptable for any- provides a satisfactory solution. Unfortu- By bringing a bill like this to the floor, the one in the public or private sector to attempt nately, the real issue is being ignored. Republican majority has transformed what to create a person using somatic cell nuclear Mr. STARK. Mr. Speaker, I rise in opposi- could have been a rational debate over the transfer (SCNT) and I believe we must prohibit tion to H.R. 534, the Human Cloning Prohibi- merits and limits of emerging technologies into it. However, Representative WELDON’s pro- tion Act of 2003. Like most Americans, I be- a dogmatic infomercial for the radical-right. posal before us today, goes too far and also lieve reproductive cloning of human beings I’ve consistently opposed human cloning for bans SCNT for therapeutic purposes. This ought to be criminalized. I support outlawing reproductive purposes. Under current law the complete ban will close the door on promising this practice, which is one of the provisions of federal government is prohibited from funding publicly and privately funded research in re- this legislation. But, I cannot support this bill research that involves human cloning. In addi- generative medicine and will end hope for because it would also severely limit the ability tion, the Food and Drug Administration (FDA) more millions of Americans suffering from life- of scientists to conduct advanced cell research has the authority under federal law to prohibit threatening diseases.

VerDate Dec 13 2002 18:55 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 9920 E:\CR\FM\A27FE7.040 H27PT1 H1422 CONGRESSIONAL RECORD — HOUSE February 27, 2003 The Human Cloning Prohibition Act criminal- turing process—a scientific assembly line—de- The CHAIRMAN. All time for general izes the very biomedical research that could void of procreation. Efforts to improve human- debate has expired. help researchers find cures for Alzheimer’s ity should never spin out of control and de- Pursuant to the rule, the bill is con- disease, Parkinson’s disease, cystic fibrosis, value humanity, which is precisely what sidered as read for amendment under various cancers, strokes and spinal cord inju- human cloning does. the 5-minute rule. ries. Furthermore, H.R. 534 will halt vital re- Our values of faith and family are slowly The text of H.R. 534 is as follows: search in my congressional district, throughout eroding. Given that fact, we should be mindful H.R. 534 Massachusetts and the Nation. A ban or a that there are certain ethical lines we should Be it enacted by the Senate and House of Rep- moratorium on this research will result in other never cross. One of the dehumanizing effects resentatives of the United States of America in countries taking the lead in finding cures to of the cloning process is the failure rate. It is Congress assembled, these diseases. extremely high. Those in favor of cloning hu- SECTION 1. SHORT TITLE. Our colleague from Pennsylvania, Rep- mans often downplay that it took 277 stillborn, This Act may be cited as the ‘‘Human resentative GREENWOOD, has worked to miscarried or dead sheep to make one Dolly. Cloning Prohibition Act of 2003’’. produce what I believe to be a well-balanced, And what happens to those who survive? At- SEC. 2. PROHIBITION ON HUMAN CLONING. comprehensive alternative. The Greenwood tempts to clone human beings could carry (a) IN GENERAL.—Title 18, United States substitute contains the same language that Code, is amended by inserting after chapter massive risks of producing unhealthy, abnor- 15, the following: Rep. WELDON’s legislation uses to ban repro- mal, and malformed children. ductive cloning. Both ban scientists from using I favor a total ban on human cloning be- ‘‘CHAPTER 16—HUMAN CLONING ‘‘Sec. technology to produce human beings. Unlike cause if we allow cloning for any reason, we ‘‘301. Definitions. the Weldon proposal, the Greenwood alter- will be unable to control what is done with ‘‘302. Prohibition on human cloning. native allows strictly regulated, privately fund- cloned embryos. No one is going to monitor ‘‘§ 301. Definitions ed SCNT research to move forward. This leg- every research laboratory. I urge my col- ‘‘In this chapter: islation requires scientists to register with the leagues to support this bill. ‘‘(1) HUMAN CLONING.—The term ‘human federal government before conducting medical Ms. LEE. Mr. Chairman, I rise today in cloning’ means human asexual reproduction, research and requires all research to be con- strong opposition to H.R. 534. This bill’s title accomplished by introducing nuclear mate- ducted with substantial oversight. The bill claims that it is designed to prohibit human rial from one or more human somatic cells would also permit a stem cell technique that cloning. The reality is it will do much more: it into a fertilized or unfertilized oocyte whose offers significant promise of delivering new will stifle crucial medical research that might nuclear material has been removed or inac- treatments and cures to millions of Americans. someday cure diseases such as Parkinson’s, tivated so as to produce a living organism (at any stage of development) that is geneti- I believe a ban on human cloning does not diabetes, or Alzheimer’s. None of us support cally virtually identical to an existing or need to include a ban on nuclear transfer re- human cloning. We all see such a step as previously existing human organism. search. The National Academies and more ethically reckless and medically unsound. The ‘‘(2) ASEXUAL REPRODUCTION.—The term than 40 Noble laureates agree that this re- cloning and creation of human beings should ‘asexual reproduction’ means reproduction search has the potential to produce promising be banned. But this bill goes much further. It not initiated by the union of oocyte and contributions to science and medicine. I urge bans the practice of somatic cell nuclear, sperm. my colleagues to allow this research to con- which creates cells, not human beings. So- ‘‘(3) SOMATIC CELL.—The term ‘somatic tinue, vote no on Weldon and yes on Green- matic cell nuclear transfer, or therapeutic cell’ means a diploid cell (having a complete set of chromosomes) obtained or derived wood. cloning as it is also called, represents one of from a living or deceased human body at any Mrs. JONES of Ohio. Mr. Chairman, I rise our most promising avenues of medical re- stage of development. today in opposition to H.R. 534. Although I am search. ‘‘§ 302. Prohibition on human cloning against Human Cloning this bill does more That is why I support the bipartisan Green- ‘‘(a) IN GENERAL.—It shall be unlawful for than ban Human Cloning. It prevents the high- wood/Deutsch/Degette amendment that would any person or entity, public or private, in or est form of medical research in our society, outlaw human cloning for reproduction without affecting interstate commerce, knowingly— therapeutic cloning. We owe it to our commu- outlawing medical advancements. This bipar- ‘‘(1) to perform or attempt to perform nities to explore the options of therapeutic tisan alternative provides severe penalties, in- human cloning; cloning. Those who have lost relatives due to cluding $10 million fines, for violations of the ‘‘(2) to participate in an attempt to per- heart disease, brain damage due to strokes, human cloning ban but allows cell transfer form human cloning; or Parkinson’s, Alzheimer’s, Cancer . . . we owe technology to proceed. Through the creation ‘‘(3) to ship or receive for any purpose an it to these people to at least explore the option of stem cells, we may be able to conquer spi- embryo produced by human cloning or any product derived from such embryo. of therapeutic cloning. I don’t want to stop nal paralysis, heal burn victims, and cure a ‘‘(b) IMPORTATION.—It shall be unlawful for medical progress and the possibilities that it wide range of diseases. For everyone who any person or entity, public or private, would allow for new treatments to diseases has helplessly watched a parent succumb to knowingly to import for any purpose an em- where medical progress is continuously being the terrible cruelty of Alzheimer’s or seen a bryo produced by human cloning or any made. Doctors understand that these diseases child struggle with diabetes, somatic cell nu- product derived from such embryo. cause damage to cells and tissues and that clear transfer holds out the promise of a po- ‘‘(c) PENALTIES.— therapeutic cloning would allow them to ex- tential cure. ‘‘(1) CRIMINAL PENALTY.—Any person or en- tity that violates this section shall be fined plore the option of replacing these dead cells But this bill would cut off that research and under this title or imprisoned not more than or tissues. I do not support human cloning for criminalize those medical advancements. The 10 years, or both. organ production. I am saying lets leave our- National Academies of Science examined this ‘‘(2) CIVIL PENALTY.—Any person or entity selves options for the future. Doctors are try- issue and urged lawmakers to forbid human that violates any provision of this section ing to find medically safe and reliable ways to cloning but not to outlaw nuclear transplan- shall be subject to, in the case of a violation help people with disease. I have some of the tation which could hold the key to treating life- that involves the derivation of a pecuniary greatest doctors (at Cleveland Clinic, Univer- threatening diseases and injuries. As they gain, a civil penalty of not less than sity Hospital), in the world in, my district work- complete their medical training and begin their $1,000,000 and not more than an amount equal to the amount of the gross gain multiplied ing with molecules and DNA to find cures for careers as physicians, we ask our doctors to by 2, if that amount is greater than diseases, and this would limit their abilities to take Hippocratic Oath, which involves, the $1,000,000. continue to do what it is that they do best. principle, ‘‘first do no harm.’’ As legislators, we ‘‘(d) SCIENTIFIC RESEARCH.—Nothing in this Save lives. should adopt a similar principle: as we wrestle section restricts areas of scientific research Mr. SMITH of Texas. Mr. Chairman, ninety with these complex scientific questions, let us not specifically prohibited by this section, percent of all Americans oppose cloning first do no harm. including research in the use of nuclear human beings. And for good reason. The This bill applies a sledge hammer when a transfer or other cloning techniques to American public recognizes that cloning raises scalpel is needed. We can and should outlaw produce molecules, DNA, cells other than human embryos, tissues, organs, plants, or serious ethical questions. Scientists have human cloning without wiping out the promise animals other than humans.’’. cloned monkeys, cattle, pigs, mice and other of a cure for millions of Americans. I urge you (b) CLERICAL AMENDMENT.—The table of animals. Because of this success, there are a to oppose this bill and to support the bipar- chapters for part I of title 18, United States growing number of groups who claim they tisan Greenwood/Deutsch/Degette alternative. Code, is amended by inserting after the item can, and will, clone a human being. That pros- Thank you and I yield back the balance of my relating to chapter 15 the following: pect should worry us. Cloning is a manufac- time. ‘‘16. Human Cloning ...... 301’’.

VerDate Dec 13 2002 18:55 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0655 E:\CR\FM\A27FE7.044 H27PT1 February 27, 2003 CONGRESSIONAL RECORD — HOUSE H1423 The CHAIRMAN. No amendment to Mr. SCOTT of Virginia. Mr. Chair- SECTION 1. SHORT TITLE. the bill shall be in order except those man, I yield myself such time as I may This Act may be cited as the ‘‘Cloning Pro- printed in House Report 108–21. Each consume. hibition Act of 2003’’. amendment may be offered only in the Mr. Chairman, this provides a GAO SEC. 2. PROHIBITION AGAINST HUMAN CLONING. (a) IN GENERAL.—The Federal Food, Drug, order printed in the report, may be of- study of the issue. and Cosmetic Act (21 U.S.C. 301 et seq.) is fered only by a Member designated in This amendment is being presented jointly amended by adding at the end the following: the report, shall be considered as read, with Rep. WU. ‘‘CHAPTER X—HUMAN CLONING debatable for the time specified in the We all agree that the cloning technology we ‘‘PROHIBITION AGAINST HUMAN CLONING report, equally divided and controlled are aware of today should not be used for ‘‘SEC. 1001. (a) NUCLEAR TRANSFER TECH- by the proponent and an opponent, and human reproductive purposes. Yet, we all NOLOGY.— shall not be subject to amendment. know that the nuclear cell transfer process ‘‘(1) IN GENERAL.—It shall be unlawful for It is now in order to consider amend- that this bill bans in this country will continue any person— ment No. 1 printed in House Report in other countries in order that the promising ‘‘(A) to use or attempt to use human so- 108–21. developments in stem-cell research can con- matic cell nuclear transfer technology, or AMENDMENT NO. 1 OFFERED BY MR. SCOTT OF tinue. It is possible that this process can de- the product of such technology, to initiate a VIRGINIA velop to the point that it could be used to pre- pregnancy or with the intent to initiate a Mr. SCOTT of Virginia. Mr. Chair- pregnancy; or vent or cure many dreaded childhood or adult- ‘‘(B) to ship, mail, transport, or receive the man, I offer an amendment. onset diseases such as Parkinson’s disease, The CHAIRMAN. The Clerk will des- product of such technology knowing that the Alzheimer’s disease, diabetes, cancer, heart product is intended to be used to initiate a ignate the amendment. disease, spinal cord injury, multiple sclerosis, pregnancy. The text of the amendment is as fol- severe burns, or other diseases, disorders, or ‘‘(2) DEFINITION.—For purposes of this sec- lows: conditions. tion, the term ‘human somatic cell nuclear Amendment No. 1 offered by Mr. SCOTT of These developments are proceeding at a transfer technology’ means transferring the Virginia: very rapid pace. This amendment would en- nuclear material of a human somatic cell Add at the end of the bill the following: into an egg cell from which the nuclear ma- sure that Congress is informed of develop- terial has been removed or rendered inert. SEC. 3. STUDY BY THE GENERAL ACCOUNTING ments in the technology and their potential for OFFICE. ‘‘(b) RULE OF CONSTRUCTION.—This section (a) IN GENERAL.—The General Accounting medical advances. It would advise us of any may not be construed as applying to any of Office shall conduct a study to assess the need for technical changes to the bill which the following: need (if any) for amendment of the prohibi- would keep its prohibition on reproductive ‘‘(1) The use of somatic cell nuclear trans- tion on human cloning, as defined in section cloning effective and narrowly drawn, while al- fer technology to clone molecules, DNA, 301 of title 18, United States Code, as added lowing any beneficial uses of the technology cells, or tissues. ‘‘(2) The use of mitochondrial, by this Act, which study should include— consistent with the prohibition. (1) a discussion of new developments in cytoplasmic, or gene therapy. Furthermore, this is an area where public at- ‘‘(3) The use of in vitro fertilization, the medical technology concerning human titudes and ethical views are often confused cloning and somatic cell nuclear transfer, administration of fertility-enhancing drugs, the need (if any) for somatic cell nuclear and uncertain, and a GAO study would be or the use of other medical procedures (ex- transfer to produce medical advances, cur- helpful in summarizing and clarifying them be- cluding those using human somatic cell nu- rent public attitudes and prevailing ethical fore Congress chooses to revisit this issue. I clear transfer or the product thereof) to as- views concerning the use of somatic cell nu- urge my colleagues to support the amend- sist a woman in becoming or remaining preg- clear transfer, and potential legal implica- ment. nant. tions of research in somatic cell nuclear Mr. SENSENBRENNER. Mr. Chair- ‘‘(4) The use of somatic cell nuclear trans- fer technology to clone or otherwise create transfer; and man, will the gentleman yield? (2) a review of any technological develop- animals other than humans. Mr. SCOTT of Virginia. I yield to the ‘‘(5) Any other activity (including bio- ments that may require that technical gentleman from Wisconsin. changes be made to section 2 of this Act. medical, microbiological, or agricultural re- (b) REPORT.—The General Accounting Of- Mr. SENSENBRENNER. Mr. Chair- search or practices) not expressly prohibited fice shall transmit to the Congress, within 2 man, I thank the gentleman for yield- in subsection (a). years after the date of enactment of this ing. ‘‘(c) REGISTRATION.— Act, a report containing the findings and Mr. Chairman, I believe this is a con- ‘‘(1) IN GENERAL.—Each individual who in- conclusions of its study, together with rec- structive addition to the bill, I am pre- tends to perform human somatic cell nuclear ommendations for any legislation or admin- transfer technology shall, prior to first per- pared to support it, and urge that the forming such technology, register with the istrative actions which in considers appro- Members adopt it. I thank the gen- priate. Secretary his or her name and place of busi- tleman. ness (except that, in the case of an individual The CHAIRMAN. Pursuant to House The CHAIRMAN. The question is on who performed such technology before the Resolution 105, the gentleman from the amendment, as modified, offered by date of the enactment of the Cloning Prohi- Virginia (Mr. SCOTT) and a Member op- the gentleman from Virginia (Mr. bition Act of 2003, the individual shall so reg- posed each will control 5 minutes. SCOTT). ister not later than 60 days after such date). MODIFICATION TO AMENDMENT NO. 1 OFFERED The amendment, as modified, was The Secretary may by regulation require BY MR. SCOTT OF VIRGINIA agreed to. that the registration provide additional in- formation regarding the identity and busi- Mr. SCOTT of Virginia. Mr. Speaker, The CHAIRMAN. It is now in order to at the suggestion of the gentleman ness locations of the individual, and informa- consider amendment No. 2 printed in tion on the training and experience of the in- from Oregon (Mr. WU), I ask unanimous House Report 101–21. dividual regarding the performance of such consent to modify the amendment. No Member being present to offer technology. The CHAIRMAN. The Clerk will re- amendment No. 2, it is now in order to ‘‘(2) ATTESTATION BY RESEARCHER.—A reg- port the modification. consider amendment No. 3 in the na- istration under paragraph (1) shall include a The Clerk read as follows: ture of a substitute printed in House statement, signed by the individual submit- Modification to amendment No. 1 offered Report 108–21. ting the registration, declaring that the indi- by Mr. SCOTT of Virginia: vidual is aware of the prohibitions described In the proposed subsection 3(a), insert AMENDMENT NO. 3 IN THE NATURE OF A in subsection (a) and will not engage in any ‘‘after consultation with the National Acad- SUBSTITUTE OFFERED BY MR. GREENWOOD violation of such subsection. emy of Sciences’’ after ‘‘office’’. Mr. GREENWOOD. Mr. Chairman, I ‘‘(3) CONFIDENTIALITY.—Information pro- The CHAIRMAN. Is there objection offer amendment No. 3 in the nature of vided in a registration under paragraph (1) to the request of the gentleman from a substitute. shall not be disclosed to the public by the Virginia? The CHAIRMAN. The Clerk will des- Secretary except to the extent that— There was no objection. ignate amendment No. 3 in the nature ‘‘(A) the individual submitting the reg- istration has in writing authorized the dis- The CHAIRMAN. The Chair recog- of a substitute. nizes the gentleman from Virginia (Mr. closure; or The Clerk read as follows: ‘‘(B) the disclosure does not identify such SCOTT). Amendment No. 3 in the nature of a sub- individual or any place of business of the in- (Mr. SCOTT of Virginia asked and stitute offered by Mr. GREENWOOD: dividual. was given permission to revise and ex- Strike all after the enacting clause and in- ‘‘(d) APPLICABILITY OF HUMAN SUBJECT tend his remarks.) sert the following: PROTECTION STANDARDS.—

VerDate Dec 13 2002 18:55 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.045 H27PT1 H1424 CONGRESSIONAL RECORD — HOUSE February 27, 2003 ‘‘(1) IN GENERAL.—Research involving (3) CIVIL PENALTIES.—Section 303 of the The CHAIRMAN. The gentleman may human somatic cell nuclear transfer tech- Federal Food, Drug, and Cosmetic Act (21 yield a portion of his time. nology shall be conducted in accordance with U.S.C. 333) is amended by adding at the end Mr. GREENWOOD. Mr. Chairman, I parts 50 and 56 of title 21, Code of Federal the following: yield half of my time to the gentle- Regulations, subject to paragraph (2). Indi- ‘‘(h)(1) Any person who violates section 301(hh) or section 1001(d) shall be liable to woman from Colorado (Ms. DEGETTE). viduals whose cells are used for such re- The CHAIRMAN. Without objection, search shall be considered human subjects the United States for a civil penalty in an for purposes of such parts. amount not to exceed the greater of— the gentlewoman from Colorado (Ms. ‘‘(2) INFORMED CONSENT.— ‘‘(A) $10,000,000; or DEGETTE) will be allowed to control 15 ‘‘(A) DONOR OF HUMAN CELLS.—In research ‘‘(B) an amount equal to the amount of any minutes. involving human somatic cell nuclear trans- gross pecuniary gain derived from such vio- There was no objection. lation multiplied by 2. fer technology, human cells may be used b 1530 only if, in addition to requirements that ‘‘(2) Paragraphs (3) through (5) of sub- apply under parts 50 and 56 of title 21, Code section (g) apply with respect to a civil pen- The CHAIRMAN pro tempore (Mr. of Federal Regulations, the individual who alty under this subsection to the same ex- LINDER). The Chair recognizes the gen- provides the cells makes a statement in writ- tent and in the same manner as such para- tleman from Pennsylvania (Mr. GREEN- ing, which is signed by the individual, de- graphs (3) through (5) apply with respect to a civil penalty under subsection (g).’’. WOOD). claring that— Mr. GREENWOOD. Mr. Chairman, I (4) FORFEITURE.—Section 303 of the Federal ‘‘(i) the individual donates the cells for yield myself such time as I may con- purposes of such research; Food, Drug, and Cosmetic Act, as amended by paragraph (3), is amended by adding at sume. ‘‘(ii) the individual understands that Fed- Mr. Chairman, it has been a good de- eral law regulates such technology and es- the end the following: ‘‘(i) Any property, real or personal, derived tablishes a crime relating to the use of the bate so far. It was a good debate last from or used to commit a violation of sec- technology to initiate a pregnancy; and year. This is about ethical and moral tion 301(hh), or any property traceable to issues. The proponents of the gen- ‘‘(iii) the individual does not intend for the such property, shall be subject to forfeiture tleman from Florida’s (Mr. WELDON) cells to be used to initiate a pregnancy. to the United States.’’. ‘‘(B) ATTESTATION BY RESEARCHERS.—In re- bill have argued the ethical and moral SEC. 3. STUDY BY INSTITUTE OF MEDICINE. search involving human somatic cell nuclear (a) IN GENERAL.—The Secretary of Health issues against reproductive cloning; transfer technology, human cells may be and Human Services (referred to in this sec- and on that issue, my friend, the gen- used only if, in addition to requirements tion as the ‘‘Secretary’’) shall request the In- tleman from Florida (Dr. WELDON) and that apply under parts 50 and 56 of title 21, stitute of Medicine to enter into an agree- I are in perfect agreement. It is wrong Code of Federal Regulations, the individual ment with the Secretary under which such to create a human being through with the principal responsibility for con- Institute conducts a study to— ducting the research makes a statement in cloning. It is probably physically cruel (1) review the current state of knowledge to do that, because of the likelihood of writing, which is signed by the individual, about the biological properties of stem cells declaring that the consent of the donor of obtained from embryos, fetal tissues, and defect; and it is emotionally, I believe, the cells for the cells to be used in such re- adult tissues; cruel to do that because no one should search was obtained in accordance with this (2) evaluate the current state of knowledge be brought into life as a duplicate of subsection. about biological differences among stem another. Each of us has the right to be ‘‘(e) PREEMPTION OF STATE LAW.—This sec- cells obtained from embryos, fetal tissues, the product of a mother and a father. tion supersedes any State or local law that— and adult tissues and the consequences for So we agree on that. ‘‘(1) establishes prohibitions, requirements, research and medicine; and Now let us deal with the moral and or authorizations regarding human somatic (3) assess what is currently known about ethical issues that have to do with so- cell nuclear transfer technology that are dif- the ability of stem cells to generate neurons, ferent than, or in addition to, those estab- matic nuclear transfer. Because what heart, kidney, blood, liver and other tissues is at stake is well over a hundred mil- lished in subsection (a) or (c); or and the potential clinical uses of these tis- ‘‘(2) with respect to humans, prohibits or sues. lion Americans today suffering from restricts research regarding or practices con- (b) OTHER ENTITIES.—If the Institute of diseases like Parkinson’s, like Alz- stituting— Medicine declines to conduct the study de- heimer’s, like cancer, and like diabe- ‘‘(A) somatic cell nuclear transfer; scribed in subsection (a), the Secretary shall tes; and as this chart shows, the mil- ‘‘(B) mitochondrial or cytoplasmic ther- enter into an agreement with another appro- lions of people suffering today from apy; or priate public or nonprofit private entity to those diseases and the millions more ‘‘(C) the cloning of molecules, DNA, cells, conduct the study. tissues, or organs; (c) REPORT.—The Secretary shall ensure expected to be suffering from those dis- except that this subsection does not apply to that, not later than three years after the eases over the next 10 years. any State or local law that was in effect as date of the enactment of this Act, the study Now, none of us in this room is an ex- of the day before the date of the enactment required in subsection (a) is completed and a pert on the science of nuclear cell so- of the Cloning Prohibition Act of 2003. report describing the findings made in the matic transfer. But those who are the ‘‘(f) RIGHT OF ACTION.—This section may study is submitted to the Committee on En- experts tell us this, that with this not be construed as establishing any private ergy and Commerce in the House of Rep- technology simply requires a limited right of action. resentatives and the Committee on Health, number of eggs donated by women, ‘‘(g) DEFINITION.—For purposes of this sec- Education, Labor, and Pensions in the Sen- ate. denucleated, enucleated. And then the tion, the term ‘person’ includes govern- cells, the DNA from something like a mental entities. The CHAIRMAN. Pursuant to House cheek cell placed in that nucleus, elec- ‘‘(h) SUNSET.—This section and section Resolution 105, the gentleman from tricity is applied and then the cells di- 301(hh) do not apply to any activity de- Pennsylvania (Mr. GREENWOOD) and a scribed in subsection (a) that occurs on or Member opposed each will control 30 vide. Why do scientists want to do after the expiration of the 10-year period be- minutes. that? They want to do that because we ginning on the date of the enactment of the Mr. SENSENBRENNER. Mr. Chair- want to observe the miraculous occur- Cloning Prohibition Act of 2003.’’. man, I rise in opposition to the amend- rence inside that egg as those cells be- (b) PROHIBITED ACTS.— come first pluripotent stem cells and (1) IN GENERAL.—Section 301 of the Federal ment. The CHAIRMAN. The gentleman then divide into specialized cells. Food, Drug, and Cosmetic Act (21 U.S.C. 331) Why do they want to do that? They is amended by adding at the end the fol- from Wisconsin (Mr. SENSENBRENNER) lowing: will be recognized to control 30 min- want to do that because they need to ‘‘(hh) The violation of section 1001(a), or utes. understand the biology and the chem- the failure to register in accordance with The Chair recognizes the gentleman istry as to how that happens. And when section 1001(c).’’. from Pennsylvania (Mr. GREENWOOD). they have understood the biology and (2) CRIMINAL PENALTY.—Section 303(b) of PARLIAMENTARY INQUIRY the chemistry of that process, there is the Federal Food, Drug, and Cosmetic Act Mr. GREENWOOD. Parliamentary in- no more need for women to donate eggs (21 U.S.C. 333(b)) is amended by adding at the quiry, Mr. Chairman. in order for the cures for these diseases end the following: to come about. Because then doctors in ‘‘(7) Notwithstanding subsection (a), any The CHAIRMAN. The gentleman will person who violates section 301(hh) shall be state it. hospitals around the world will be able imprisoned not more than 10 years or fined Mr. GREENWOOD. Mr. Chairman, do to take these patients suffering from in accordance with title 18, United States I need to designate a portion of my not only these diseases but from juve- Code, or both.’’. time to the minority? nile diabetes, from Alzheimer’s, from

VerDate Dec 13 2002 18:55 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A27FE7.050 H27PT1 February 27, 2003 CONGRESSIONAL RECORD — HOUSE H1425 spinal cord injuries, from head injuries, Mr. Chairman, the debate on whether Otherwise, it is too late, and that is the and take the somatic cells from that or not human embryos should be big deficiency of the Greenwood sub- patient, combine them with the growth cloned is one that goes across religious stitute. The substitute attempts to factors that they identify in this lim- lines, it goes across philosophical lines, draw a distinction between necessary ited amount of research, process and it goes across political lines; and I scientific research in human cloning by healthy cells from our own bodies and certainly can respect those who come authorizing the Department of Health use those healthy cells to cure our dis- down on the other side of this piece of and Human Services to administer a eases, to fix our injuries, and to reduce legislation. But this amendment in the quasi-registry, quasi because the em- human suffering by amounts that we nature of a substitute is the equivalent bryos are not in the custody of HHS. cannot even imagine. of a political knuckle ball thrown into They are maintained by private indi- So the ethical and moral issue here is the debate on whether or not human viduals. However, let us be clear that are we or are we not willing to allow embryos should be cloned. the crux of this substitute is to invoke that science to go forward so that we In June of 1997, President Clinton’s a debate on stem cell research. A polit- go through this transient phase where National Bioethics Advisory Com- ical knuckle ball in this debate on we use this relatively small number of mittee issued its report entitled stem cell research is a red herring. ova contributed by willing women to ‘‘Cloning Human Beings.’’ I referred to Just read the bill. First, therapeutic understand how to do this so we can this in the general debate, but I want cloning does not exist, not even for ex- bring about the cure. Now the argu- to refer to this again because this is perimental tests on animals. Second, ment that is presented by the expo- the crux of the argument against the the substitute would require author- nents of my substitute, which again Greenwood substitute. The executive ized researchers to destroy unused em- bans reproductive cloning, allows this summary of President Clinton’s blue bryos, the first Federal mandate of its research to continue. ribbon commission states in part: ‘‘The kind and a step that is extremely con- The argument that is proposed is, commission began its discussions fully troversial. Third, H.R. 534 within its well, once that cheek cell divides in an recognizing that any effort in humans text allows for research using stem egg in a petri dish, it is a potential to transfer a somatic cell nucleus into cells. Again, the bill does not prohibit human being; and, therefore, if it is an enucleated egg involves the creation stem cell research, notwithstanding going to be destroyed after it divides a of an embryo with the apparent poten- the allegations by those who are op- certain number of times, after the ob- tial to be implanted in utero and devel- posed to it. servations are finished that that is im- oped to term.’’ Currently, private organizations are moral. The whole question around the able to conduct unfettered research on Now, if that is the case, if that is Greenwood substitute amendment is embryonic stem cells. Further, in Au- what you believe, then we should ban how to police the cloned human em- gust 2001, President Bush announced in vitro fertilization because in vitro bryos once they are created. Sure, that Federal funds could be used for re- fertilization has produced 100,000 em- some of them may be used for purposes search on existing stem cell lines. H.R. bryos in this country right now that that the gentleman from Pennsylvania 534 would do nothing to hinder that re- will be discarded, 100,000 of them. Far (Mr. GREENWOOD) described in his elo- search. more order of magnitude than will ever quent opening statement, but others The bill would also not affect re- be created through this technology and can be implanted in utero and be devel- search using adult stem cells. Adult they are going to be discarded, and oped to term. And what does the gov- stem cells are the other area of stem that is apparently okay with the pro- ernment do in that case when some- cell research which is much less con- ponents of this legislation because it body for whatever purpose they want troversial and which has been success- brings beautiful little children into the to announces that they have developed ful in over 45 clinical trials. In fact, world to couples who otherwise could a cloned human being? adult stem cells have been utilized to not have them. This substitute is a big mistake for a So that is the trade-off we make. And treat multiple sclerosis, bone marrow number of reasons, and it should not be nobody here is arguing, in fact, to the disorders, leukemia, anemia, and car- supported. Most notably it would make contrary. They are preserving the need tilage defects, and immuno-deficiency the prohibitions against human cloning for in vitro fertilization, and yet the in children. virtually impossible to enforce, as I number of embryos created and de- Adult stem cells have been extracted have just described. It would foster the stroyed by in vitro fertilization orders from bone marrow, blood, skeletal creation of cloned human embryos of magnitude is more than we are talk- muscle, the gastrointestinal tract, the through the Department of Health and ing about here. And if we want to get placenta, and brain tissue to form bone totally philosophical about this, every Human Services, an agency of the Fed- marrow, bone, cartilage, tendon, mus- single day millions of eggs are fer- eral Government; and it would trump cle, fat, liver, brain, nerve, blood, heart tilized in the womb that do not adhere States that wish to prohibit cloning. and other cells. H.R. 534 would not to the uterine walls and are flushed As I have already stated, allowing the interfere with this work. It would not away and somehow that is the way God creation of cloned embryos by law interfere with this work. But it pro- does it. That is the way nature does it. would enable anyone to attempt to hibits the production of cloned em- And we do not hear a gnashing of teeth clone a human being. While most indi- bryos. It is a cloning bill, not a stem about that by the makers of this viduals do not have the scientific ca- cell research bill. amendment about this bill. pacity to clone human embryos, once Fourth, the substitute prohibits Ladies and gentlemen, this is a turn- they have been cloned, there has been States from adopting laws that pro- ing point in our history. This is a ques- no mechanism for tracking them and hibit or more strictly regulate cloning tion about whether or not we are going to determine what use those cloned within their borders. It is a Federal to go forward with the most promising human embryos are being put to. In preemption. Try telling any of our con- medicine of our time. The ability to fact, one would logically expect an or- stituents that they cannot ban human stop the suffering, to heal the sick, to ganization to authorize the cloned cloning through their State legisla- cure the injured of diseases that have human embryos pursuant to this sub- tures and I will tell you they will dis- plagued us for centuries or whether we stitute to be prepared to produce an agree. turn our back on this science in the abundance of cloned embryos for re- Finally, Mr. Chairman, the sub- name of ethics and morals and kill an search. Meanwhile, those without the stitute contains a 10-year sunset provi- opportunity to do something that is capabilities to clone human embryos sion. If this were to be enacted, Con- ethically and morally correct, and that could easily implant any one of the le- gress would have to go through this de- is to prevent this suffering. gally cloned embryos if they had the bate once again before the sunset oc- Mr. Chairman, I reserve the balance opportunity and a child would develop. curs. The ethical and moral objections of my time. The fact is any legislative effort in to human cloning will not change 10 Mr. SENSENBRENNER. Mr. Chair- order to be effective to prohibit cloning years from now or 50 years from now or man, I yield myself such time as I may must allow enforcement to occur be- forever. However, the proponents of consume. fore the cloned embryo is implanted. human cloning will continue to fight

VerDate Dec 13 2002 18:55 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.051 H27PT1 H1426 CONGRESSIONAL RECORD — HOUSE February 27, 2003 for their right to produce human clones strict control. Forty Nobel Laureates is why these biotech executives say in America, and authorizing a subse- agree with this. More than two thirds this is a nonstarter in terms of devel- quent ban on human cloning could be- of Americans agree with this. Senator oping so-called therapeutic cloning. come even more controversial. Orrin Hatch and former Senator Connie The logistics of this are just unimagi- That is why Members on both sides of Mack agree with this. And here is what nable of how we would execute some- the aisle should rise in opposition to Nancy Reagan said in a letter dated thing like this. the substitute, defeat it, and pass H.R. January 29 of this year: ‘‘There are so One important thing I want to say, if 534. many diseases that can be cured, we we have all of these labs generating Mr. Chairman, I reserve the balance cannot turn our back on this.’’ these eggs, we are going to have un- of my time. Do not turn your back on all of these scrupulous physicians implanting one Mr. DEUTSCH. Mr. Chairman, I yield procedures. of these in a woman, and we are going 3 minutes to the gentlewoman from Mr. SENSENBRENNER. Mr. Chair- to usher in the very thing that the gen- Colorado (Ms. DEGETTE), who has been man, I yield such time as he may con- tleman from Pennsylvania and the gen- a leader for several years on this issue. sume to the gentleman from Florida tleman from Florida say they are Ms. DEGETTE. Mr. Chairman, in the (Mr. WELDON). against. They say they are against re- April 22, 2001, edition of the magazine Mr. WELDON of Florida. Mr. Chair- productive cloning, but our own Jus- ‘‘Science,’’ researcher Irving Weissman man, I thank the gentleman for yield- tice Department says there will be no and Nobel Laureate David Baltimore ing me the time, and I again want to way to police this. We will have all of said, ‘‘The wrong action here could commend him for his work in this area these embryos in all of these labs, and close the door to an important avenue and his eloquent statements on the the only way to prevent it is to stop it of scientific and clinical discovery.’’ floor. from the very, very beginning. I rise in very strong opposition to b 1545 Might I also just reiterate, adult this substitute, and I encourage all my stem cell research is moving along They were talking, of course, about colleagues to vote against it and to very nicely. We have heard some very the restrictions on Federal funding of vote in favor of the underlying bill. impassioned comments about Parkin- stem cell research. As Ronald Reagan Let me address, first out, one of the son’s disease. I want to quote from said, here they go again. issues that seems to be implied by Dennis Turner, who had his Parkin- Everybody agrees that we must ban some of the discussion that I have son’s disease treated successfully with human cloning and our substitute does heard so far, and that is, these embryos adult stem cells. We cannot even just that, but the difference in this bill that are created through somatic cell produce one research study in a rat is we allow for the very important so- nuclear transfer process are somehow where we can cure Parkinson’s disease matic nuclear cell transfer technology not embryos or they are cells or they with embryo stem cells or cloned stem which is being developed and which are cheek cells or they are stem cells. cells. But I have got a real live human will be the cure for many diseases that I am a scientist, a doctor. I am not an being here. He says, they were not fetal affect millions of people both in the expert in this area, but I know a fair cells, they were my cells, so I would United States and worldwide. amount about it. I did research in mo- not have to take any anti-rejection I hear the opponent of our substitute lecular genetics as an undergraduate. I medications the rest of my life. Dennis saying, oh, no, stem cell research will am a physician. Turner previously could not even hold not be hurt, but that could not be far- When a person does somatic cell nu- a newspaper, and now he is hardly on ther from the truth, and here is why. clear transfer they are creating a any medication at all. The adult stem Stem cell research is continuing, but human embryo. Indeed, President Clin- cells are working great. the base bill will ban the somatic nu- ton’s Bioethics Council has said that, I say to my colleagues this alter- clear cell transfer research that we are and President Bush’s Bioethics Council native, this substitute, is unnecessary talking about. What this research does has said that, a human embryo result- and unethical. We do not want to go at this point is it takes somatic cells, ing from the nuclear transfer process is down the path of creating human life so-called therapeutic cloning tech- a human embryo. It is contrasted from for the purpose of exploiting it in the niques, it replaces the nucleus, and it a human embryo created by sexual re- lab and then destroying it. makes new cells of tissues that will production, which is a unique embryo; Vote no on this substitute. Vote yes cure diseases like Parkinson’s, Alz- whereas when we create a human em- on the underlying bill. heimer’s and diabetes. This type of re- bryo through somatic cell nuclear The CHAIRMAN pro tempore (Mr. search is truly the clinical extension of transfer, we are essentially creating an LINDER). Is there any objection for the stem cell research because without this identical duplicate or twin. time yielded by the gentleman from research we will never have islet cells So let us do away with that issue Pennsylvania (Mr. GREENWOOD) to the for diabetics. We will never have the here and now. This is very, very clearly gentlewoman from Colorado (Ms. cells for Parkinson’s or Alzheimer’s or a human embryo. That is what the gen- DEGETTE) to be controlled on the mi- nerve damage because we will not be tleman from Pennsylvania wants to nority side by the gentleman from able to match the patient’s tissue. allow to be created for research pur- Florida (Mr. DEUTSCH)? We are not and we do not support cre- poses. What will happen if we do that? There was no objection. ating embryos for the purpose of this What will happen if we go down that Mr. GREENWOOD. Mr. Chairman, I research. Instead, what happens is re- route? yield myself such time as I may con- searchers use existing embryos from I contend that a lot of things will sume. reproductive clinics, which are going to happen that I think are very, very con- I want to quickly make observations be disposed of anyway, and there is no cerning. Number one, we are going to about two contradictions that I think way that this research will be used to have a lot of research labs that will my friend from Florida made. Number clone a human being, period. It will be need eggs. Where will they get the one, he said that our substitute cannot a criminal act under our substitute. eggs? They will have to get them from be enforced. That does not make any I do not think people should dema- women. How do we get eggs from sense. If we can enforce the Weldon gogue this issue. These are very dif- women? Well, we give them drugs that law, we can enforce the Greenwood law, ficult ethical and medical issues, but cause a phenomenon called superovula- and if people are going to make clones unless we have some control over the tion. We have to do periodic in violation of the law, they are going research and unless we ban human ultrasounds to make sure they do not to do it under the Weldon law or the cloning, we will not be able to have develop ovarian cysts, and they can get Greenwood law. So that is an argument cures for all of these very important depression from those drugs; and then we should discount immediately. diseases. once the eggs are ripe, we have to give The second contradiction, which I As the co-chair of the Congressional the woman a general anesthetic to har- think is more severe, is that I heard Diabetes Caucus, I think we need to do vest the eggs. And we will have these the gentleman from Florida (Mr. everything we can to support this im- research labs that are going to need WELDON) talk about we are going to portant cell research but also to have these large quantities of eggs, and this have shelves of embryos, we are going

VerDate Dec 13 2002 18:55 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.052 H27PT1 February 27, 2003 CONGRESSIONAL RECORD — HOUSE H1427 to have embryo farms; we are going to posing many of my professors who op- As a physician and legislator who struggles create all of these embryos. He just pose the Weldon-Stupak bill which I with this inherent tension between scientific told us how extraordinarily difficult it favor, and I urge support of the progress and ethical concerns. I focus on two Weldon-Stupak bill and reluctantly fundamental questions: (1) Does the sci- is to get one ovum. We have to super- entific potential of human research cloning ovulate a woman. It is very difficult. It urge defeat of the substitute bill. experimentation justify the purposeful cre- is painful. Women are not going to line I think that this is a time to pause. ation of human embryos, which must be de- up to have this procedure. It is a time which behooves caution, stroyed in experiments? (2) Does the promise So there is absolutely no chance that we take some time to let our eth- of human embryonic stem cell research de- whatsoever that we are going to have ics catch up with our technology. Our pend on experimental human research this huge multitude of eggs. We are technology has gotten to the point cloning? At this point in the evolution of this new going to be lucky to have enough to do where we are talking about genetic mixes, mixing of human and animal science, I cannot justify the purposeful cre- the research. ation and destruction of human embryos in Mr. Chairman, I yield 2 minutes to cells and other procedures which I order to experiment on them, especially the gentleman from Illinois (Mr. KIRK). think the public has a reasonable, pro- when the promise and success of human em- Mr. KIRK. Mr. Chairman, I thank the found discomfort with. bryonic stem cell research do not depend on gentleman for yielding me the time, Many scientists say it is incredibly experimental research cloning. and rise in support of the Greenwood dangerous to stop any form of experi- President Bush last August outlined a sci- substitute because it honors our tradi- mentation. I submit to my colleagues entifically and ethically balanced policy that allows federal funding of embryonic tion of medical science. that we do stop certain forms of experi- mentation. We no longer permit the stem cell research for nearly 80 stem cell Medical achievement is part of Amer- lines. This has opened the door to a signifi- ica’s birthright. In the last 50 years we kinds of experiments on nonhuman pri- cant expansion of embryonic stem cell re- have won more Nobel prizes than Eng- mates which potentially could protect search. Further, there are no restrictions on land, Germany, Russia, France, Swe- us in vehicle accidents. The Nuclear private research using stem cells from the den, Canada, Denmark, Japan and Test Ban Treaty is nothing but a ces- thousands of embryos left over after in vitro Switzerland combined. Six out of 10 sation of certain forms of experimen- fertilization. This research, too, is underway. The promise and hope for new cures is being Nobel prizes in medicine come just to tation, and many scientists were in favor of the destruction of the last investigated. And the promise of this re- America. search does not—I repeat, does not—depend Part of our achievement is due to stocks of smallpox virus which would on human embryo cloning. Congress because we have supported have stopped experimentation on that Human cloning would indeed provide an- medical research. Republicans and virus. other source of stem cells—this time by Democrats joined to double biomedical There are times, very rare, but there asexual reproduction. But a human embryo research at the National Institutes of are times when it behooves caution to still has to be created—then destroyed—to produce these stem cells. Moreover, very lit- Health. But part of our achievement is pause, to pull back, and to deeply con- sider. I differ with the chairman that tle research cloning experimentation has also because Congress did not impede been done with animals—a prerequisite to research. Unlike Iran, we follow the perhaps in 5 or 10 years, science and any demands for such work in humans. Given guidance of doctors, not doctrines. the ethics may lead us to a different the early state of this uncharted new America’s medical leadership con- conclusion. But perhaps it leads us to science, the large number of federal cell lines quered yellow fever, diptheria, cholera the same conclusion. We should come and the unlimited number available for pri- and smallpox and polio; and words like back and force Congress to address this vate research, I believe a sufficient number issue in 5 or 10 years. and range of cell lines are available. ‘‘gout,’’ describing excess uric acid, or As a heart transplant surgeon, I know inti- ‘‘consumption,’’ describing tuber- At this point in time, I rise to sup- port the Weldon-Stupak bill and in op- mately the challenges of transplant rejec- culosis, were commonly used by our tion. But I also know of multiple promising grandparents but are now aliens out- position to the Greenwood-Deutsch strategies to address this issue, such as the side our children’s vocabulary. substitute, and I submit for the RECORD development of ‘‘tolerance strategies,’’ im- We stand on the edge of new vic- an article from , proved pharmacologic immunosuppression tories. AIDS is no longer a death sen- April 11, 2002, on this subject. and the manipulation of cell surface struc- ture to make cells ‘‘invisible’’ to the im- tence in America, and peer-reviewed NOT READY FOR HUMAN CLONING (By Bill Frist) mune system—none of which carries the eth- scientists predict that Americans are ical burdens attached to human cloning. in their last decade of diabetes. In my WASHINGTON POST.—Can one be an advo- No one can deny the potential that human district, we are building a human kid- cate for embryonic stem cell research while cloning holds for increased scientific under- ney using stem cells, an achievement opposing human cloning experimentation? standing. But given the serious ethical con- That’s the question facing about 30 U.S. sen- that would cause the word ‘‘dialysis’’ cerns this research raises, the fact that ators who have not yet taken a position on promising embryonic stem cell research will to drop from the English language. human cloning legislation to be brought be- Parkinson’s and Alzheimer’s will one continue even under a cloning ban, the lack fore the Senate. of significant research in animal models and But we must first understand the similar- day make their last stand against the the existence of promising alternatives, I am ities and distinctions between the two. It’s tide of American research. And think unable to find a compelling justification for important to understand that human ‘‘thera- of it: a world without diabetes, Parkin- allowing human cloning today. son’s, Alzheimer’s or dialysis. peutic’’ or ‘‘research’’ cloning is an experi- The fact that we are even engaged in this It is our duty to honor the American mental tool often confused with, but distinct debate testifies to the rapid and encouraging from, embryonic stem cell research. Only progress of science. For now, the proper tradition of medical science to hasten then can we appropriately dissect a debate the day when these diseases no longer course is to stop short of allowing cloning re- on the potential of the science vs. the re- search in humans but to enthusiastically plague our mothers and fathers. In the straint defined by ethics and moral concerns. embrace the public and private stem cell re- Most agree that human reproductive Navy, we say, ‘‘Lead, follow, or get out search that holds such great hope for those cloning, or the cloning of human beings, of the way.’’ I urge Members to support who suffer from a wide range of disorders and should be banned. The contentious issue is the Greenwood substitute: Lead, follow conditions, such as Alzheimer’s disease, Par- whether this ban should extend to all human or get out of the way. kinson’s disease and diabetes. cloning, including human embryo a research The Greenwood language continues cloning experimentation, a brand-new field. Mr. DEUTSCH. Mr. Chairman, I yield America’s leadership. Other countries Advocates point to its potential to develop 3 minutes to the gentlewoman from will continue to follow us, and at the tissues that will not be rejected by a pa- California (Ms. ESHOO), who, based very least, it gets Congress out of the tient’s immune system. They also argue for upon long background and interest in way of future cures. human cloning as a source of genetically di- this area, has been a leader in terms of Mr. SENSENBRENNER. Mr. Chair- verse stem cells for research. Moreover, they health care for all Americans. man, I yield 3 minutes to the gen- say such experimentation will further our Ms. ESHOO. Mr. Chairman, I thank basic understanding of biology and life’s ori- tleman from Oregon (Mr. WU). my distinguished colleague for yielding gins. Mr. WU. Mr. Chairman, I rise to state But regardless of our religious back- me the time. today that I am strongly pro-choice. I grounds, most of us remain uncomfortable I rise today in support of the sub- am strongly pro-stem cell research, with the idea of creating cloned human em- stitute and in opposition to the under- and I have profound discomfort in op- bryos to be destroyed in an experiment. lying bill.

VerDate Dec 13 2002 18:55 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.056 H27PT1 H1428 CONGRESSIONAL RECORD — HOUSE February 27, 2003 There are three major points that Association, American Association of Neuro- Members today will vote against the need to be made. First, the substitute logical, Surgeons/Congress of Neurological Greenwood substitute. The Greenwood bans human cloning in any form, pe- Surgeons, American College of Obstetricians substitute, Mr. Chairman, would, for and Gynecologists, American Council on riod. It has stiff criminal and civil pen- Education, American Foundation for AIDS the first time in human history, sanc- alties imposed on anyone who would Research (amfAR), American Gastro- tion the creation of human life with attempt human cloning, and both bills enterological Association, American Infer- the demand, backed by new Federal do that. tility Association, American Medical Asso- criminal and civil sanctions, that the ciation, American Society for Cell Biology, b 1600 new life be destroyed after being ex- American Society for Microbiology, Amer- ploited. One is not diminished with a stronger ican Society for Reproductive Medicine, For the small inconvenience of reg- bill. They both absolutely provide that. American Society of Hematology, Associa- istering your name and your business tion for Women in Science, Association of Second, the underlying bill takes a address, and filling out a form, you step that I do not think can be talked American Medical Colleges, Association of American Universities, Association of Repro- would be licensed to play God by cre- about enough, and that is that it turns ductive Health Professionals, Biotechnology ating life in your own image or some- scientists and researchers, who I think Industry Organization, California Institute one else’s. You would have the right to are the merchants of hope, into crimi- of Technology, Californians for Cure, create embryo farms or anything else nals simply for trying to find cures for Canavan Research Illinois, Cancer Research science might someday allow to be cre- our most dreadful diseases. and Prevention Foundation, Cedars-Sinai ated outside the womb. And in the end, In the life of our Nation, there have Health System, Children’s Neurobiological Solutions, Christopher Reeve Paralysis only failure to kill that which you had been many times that white-hot issues created would be against the law. We have been debated in the Congress. In Foundation, Coalition of Patient Advocates for Skin Disease Research, Columbia Univer- call it, Mr. Chairman, clone and kill. the mid-1970s, the subject was recom- sity Committee for the Advancement of Amazingly, the only new crime created binant DNA. Today, this procedure is Stem Cell Research, Cures Now, Duke Uni- by the Greenwood amendment is fail- responsible for the insulin that allows versity Medical Center, Elizabeth Glaser Pe- ure to kill all human lives created. children with juvenile diabetes to live diatric AIDS Foundation, Genetic Alliance, Federal law would say, create as many Hadassah, Harvard University, Hereditary normal lives. It was such a debate like as you like, so long as you eventually this one today that took place in the Disease Foundation, Hope for ALS. International Foundation for Anticancer kill them. Congress, and there were Members that Drug Discovery (IFADD), International Lon- Mr. Chairman, the clear consequence, stood up and said we cannot do this, gevity Center—USA, International Psoriasis I believe, of the Greenwood substitute the sky will fall, it is not moral, it is Community (IPC), Jeffrey Modell Founda- is that it would not even stop the birth not ethical; and yet we took the steps tion, Johns Hopkins Medicine, Juvenile Dia- of a human clone, which it proposes to to move in that direction. betes Research Foundation, International do with a moratorium. Because his ap- In the late 1970s, and again in the Lymphoma Research Foundation, Monash proach would encourage the creation of University, National Association for Bio- early 1990s, the subject was in vitro fer- cloned embryo stockpiles and cloned tilization. Many Members questioned medical Research, National Coalition for Cancer Research, National Coalition for Can- embryo farms, it would make the hard then, in a very important debate, how cer Survivorship, National Council on Spinal part of human cloning completely legal we could allow that process to go for- Cord Injury, National Health Council, Na- and would make the relatively easy ward; and yet today there are many tional Venture Capital Association, Parents part, implantation, illegal. happy families as a result of it. Today, of Infants and Children with Kernicterus, I strongly support the underlying bill the opposition characterizes this in a Parkinson’s Action Network, Parkinson’s and urge rejection of the Greenwood very unusual way. In my view, it is the Disease Foundation, Project A.L.S., Quest substitute. for the Cure, Research!America, Resolve: equivalent of book burning, to crim- Mr. GREENWOOD. Mr. Chairman, I inalize scientists and researchers and The National Infertility Association, Rett Syndrome Research Foundation, Society for yield myself such time as I may con- ban what they do. Women’s Health Research, Stanford Univer- sume, and ask my friend from New Jer- It is important to take note of how sity, Stem Cell Research Foundation, Steven sey how we would wind up with a these debates have gone forward. I and Michele Kirsch Foundation, Tourette’s cloned embryo stockpile? How would think the Congress needs to move for- Syndrome Association, Tuberous Sclerosis that happen? ward today with scientific discovery Alliance, University of California System, Mr. SMITH of New Jersey. Mr. Chair- and also affirming life and protecting University of Minnesota, University of Roch- man, will the gentleman yield? it. We can do both. I understand that ester Medical Center, University of Southern Mr. GREENWOOD. I yield to the gen- California, University of Wisconsin-Madison, this is a difficult issue for some Mem- tleman from New Jersey. bers, but I think that we need to look Vanderbilt University and Medical Center, Washington University in St. Louis, WiCell Mr. SMITH of New Jersey. I would at who stands with us in this, the Research Institution, Wisconsin Alumni Re- just say to my friend, Mr. Chairman, groups that support H.R. 801. Is Stan- search Foundation, Wisconsin Association that once this process is sanctioned ford University off its rocker? Is the for Biomedical Research and Education. and encouraged legally Federal dollars American College of Obstetricians and Mr. SENSENBRENNER. Mr. Chair- or other dollars might follow, and em- Gynecologists totally wrong in this? Is man, I yield 2 minutes to the gen- bryos will be cloned, this, I believe over the American Gastroenterological As- tleman from New Jersey (Mr. SMITH). time, human embryo farms, this sociation wrong? How about the Amer- Mr. SMITH of New Jersey. Mr. Chair- science, will be certainly doable. And it ican Infertility Association, the Amer- man, I thank my good friend for yield- is doable. We know that. ican Medical Association, the Amer- ing me this time. Mr. GREENWOOD. Mr. Chairman, re- ican Society for Cell Biology, the Na- Mr. Chairman, on the eve of this de- claiming my time, and then I will yield tional Health Council, the Lymphoma bate in July 2001, Washington Post col- to the gentleman again. Research Foundation, the Inter- umnist Charles Krauthammer referred Mr. SMITH of New Jersey. Let me national Foundation for Anticancer to Mr. GREENWOOD’s legislative ap- finish. You asked me a question. Drugs? proach to human cloning ‘‘a nightmare Mr. GREENWOOD. I am reclaiming I could go on and on. Mr. Chairman, of a bill.’’ He said, ‘‘Mr. GREENWOOD my time, and then I will yield to the I urge my colleagues to read the list sanctions, licenses, and protects the gentleman again. that I will ask be placed in the RECORD launching of the most ghoulish and Mr. SMITH of New Jersey. But over and to read it carefully. Let us ban dangerous enterprise in modern sci- time there would be the creation of human cloning, let us support Amer- entific history, the creation of a nas- human embryo farms. ican research and those that are a part cent cloned human life for the sole pur- The CHAIRMAN pro tempore (Mr. of it. pose of its exploitation and destruc- LINDER). The gentleman from Pennsyl- Mr. Chairman, the list I just referred tion.’’ vania controls the time. to is submitted herewith for the The majority of the House, like Mr. Mr. GREENWOOD. Mr. Chairman, I RECORD. Krauthammer, rejected the Greenwood would love to have a dialogue with the Groups Supporting H.R. 801—Alliance for amendment by a vote of 178 to 249. We gentleman, but let us go back and forth Aging Research, Alpha-1 Foundation, ALS got it right then, and I do hope that a little here.

VerDate Dec 13 2002 18:55 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.057 H27PT1 February 27, 2003 CONGRESSIONAL RECORD — HOUSE H1429 The gentleman from New Jersey said rological Surgeons, the Congress of the gentleman from Florida (Mr. over time we would clone eggs. Can the Neurological Surgeons, the American WELDON) is trying to do because there gentleman explain how you clone an College of Obstetricians and Gyne- is an ethical issue and there is a moral egg? Is the gentleman suggesting we cologists, the American Foundation of issue involved in this, which many peo- can take one egg and turn it into mul- AIDS Research, the American Gastro- ple want to turn their backs on. But in tiple eggs? enterological Association, the Amer- my family we have to live with it every Mr. SMITH of New Jersey. If the gen- ican Infertility Association, the Amer- day and every minute, and we will tleman will continue to yield, I said we ican Medical Association, the Amer- until death do us part. would clone cells that would become ican Society for Cell Biology, the Now, the whole issue on this amend- identical to those that they were from, American Society for Reproductive ment, to get back to my initial re- whether it be from you or I or anyone Medicine, the American Society of He- marks, is the policing of what is done else. They would become an embryo ca- matology, the Association of American with the cloned embryos that the pable of growing, if uninterrupted, into Medical Colleges, the Cancer Research Greenwood amendment allows. 99.99 a young person, into an elderly person, and Prevention Foundation, the Chris- percent of the people that do the ex- and to a natural death. topher Reeve Paralysis Foundation, perimentation on cloned embryos may Mr. GREENWOOD. Reclaiming my the Children’s Neurobiological Solu- do it in an entirely ethical manner. time once again, I am not sure, with all tions Organization, the Coalition of Pa- But all we need is one unethical person due respect, that my friend from New tient Advocates for Skin Disease Re- to implant a cloned embryo in utero Jersey understands this process. search, the Genetic Alliance, Harvard and we have a cloned baby. And once You cannot, you cannot, you cannot University, Hope for ALS, Lymphoma that unethical person plants the cloned take one cloned entity and multiply it. Research Foundation, the National As- embryo in utero and it starts devel- You have to go back and get another sociation for Biomedical Research, the oping as a fetus, what does that gentle- egg. The gentleman from Florida (Mr. National Coalition for Cancer Re- man’s amendment do about it? Abso- WELDON) described how extraordinarily search, the National Coalition for Can- lutely nothing. Are we going to throw difficult it is to get one egg. You have cer Survivorship, the National Council somebody in jail for doing that? Are we to find a woman who is willing to be on Spinal Cord Injury, National Health going to throw the mother in jail for superovulated and give up an egg to Council, the Parents of Infants and doing that? No way. The baby is going science. You cannot multiply that egg Children with Kernicterus, Parkinson’s to be born, and we are going to have a into more embryos. You can make one. Action Network, the Parkinson’s Dis- cloned human being. So, Mr. Chairman, I ask the gen- ease Foundation, Research America, Again, ’s bioethics panel tleman again, can the gentleman ex- Tourette’s Syndrome Research Foun- said: ‘‘The commission began its dis- plain the science by which he claims dation, et cetera. cussions fully recognizing that any ef- that we are going to wind up with, as This is the mainstream of American fort in humans to transfer a somatic he said, embryo stockpiles, embryo medicine. This is the mainstream of cell nucleus into an enucleated egg in- farms? Where do these thousands of American science. This is the intelli- volves the creation of an embryo with eggs that the gentleman describes in gentsia of America who actually under- the apparent potential to be implanted this fictitious nightmare come from? stand how this science works, who do in utero and developed to term.’’ Mr. SMITH of New Jersey. I thank not walk around thinking you can mul- b 1615 the gentleman for continuing to yield, tiply eggs through science and who do Mr. Chairman, and respond that it will not believe women are going to line up Your substitute does not deal with happen over time, as financial induce- by the tens of thousands for dollars to this issue at all. That is why it is fa- ments are provided. As some of our col- produce these fictitious embryo farms. tally flawed. leagues pointed out earlier in the de- My colleagues, there is a time in Mr. Chairman, I yield such time as he bate, when money is provided, some American history where we are either may consume to the gentleman from women may be induced to sell their going to decide to go with the people Florida (Mr. WELDON). eggs; and many thousands, if not tens who understand this stuff and the peo- Mr. WELDON of Florida. Mr. Chair- of thousands of eggs will be produced ple who have compassion in their man, I thank the gentleman for yield- over time. There will be a magnet pro- hearts for these people with these dis- ing me this time. I want to get at this vided to these women, especially the eases, or we are going to fall prey to issue of eggs and how are you going to poorer women, to offer up their eggs this Luddite anti-scientific and dema- get them. The gentleman from Penn- for this kind of operation. gogical approach. sylvania has implied that my concerns Mr. GREENWOOD. Mr. Chairman, Mr. Chairman, I reserve the balance about women’s donation are un- the gentleman has answered my ques- of my time. founded. Let me just underscore from tion, and I will reclaim my time. Mr. SENSENBRENNER. Mr. Chair- the start that there are a lot of people The gentleman proposes in his re- man, I yield myself such time as I may on the left that have a lot of concern sponse to my question that women of consume. about this issue. One of the first people America are going to line up for dollars Mr. Chairman, the gentleman from who came into my office to join forces so they can be superovulated, and it is Pennsylvania is way off base, and I can with me on preparing this legislation the most ridiculous and disrespectful tell my colleagues from my own family was Judy Norsigian. She is pro-choice. attitude towards women I can imagine. experience how far off base he is. She helped write the Boston Women’s To think that the gentleman from New My mother died of Alzheimer’s dis- Health Cooperative book, ‘‘Our Bodies, Jersey believes that the women of this ease. For the last year and a half of her Ourselves.’’ country are going to line up for a pain- life, she did not know who I was, she Indeed, I think some of the concern ful procedure, and one as intimate as did not know who my wife was, she did about this issue is why I think seven the donation of eggs for money, I not know who my sister was, or who Democrats, seven or eight Democrats think, is incredible. my kids were. And to insinuate that with a perfect voting record with The proponents of the Weldon bill those of us who disagree with the gen- NARAL, supported my bill in the 107th would like to paint those of us who tleman’s amendment are Luddites and Congress and it is over this concern. think that this research, this transient insensitive is flat-out wrong. The gentleman from Pennsylvania im- period of research so important for Furthermore, my beloved wife, who I plied it’s ridiculous, women aren’t science, as somehow out of the main- have been married to for almost 26 going to be lining up. The issue is es- stream. The gentlewoman from Cali- years, has had a spinal cord injury. She sentially this. If you are going to start fornia talked about some of the organi- has no sensitivity below her waist. She doing a lot of this experimentation, zations that stand with us. Let me is a wonderful woman. She has given you are going to need a lot of eggs be- name some others: me two wonderful children, and we cause not every egg you put the nu- The Alliance for Aging Research, the have lived day by day and minute by cleus in and then zap it with electricity Alpha-1 Foundation, the ALS Associa- minute with that kind of a condition; begins to divide and form an embryo. tion, the American Association of Neu- and she and I are both in favor of what There is a fairly high failure rate if you

VerDate Dec 13 2002 18:55 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.061 H27PT1 H1430 CONGRESSIONAL RECORD — HOUSE February 27, 2003 actually read the research articles, The CHAIRMAN pro tempore. Is some of us have a view of life that life which I have done. There is a pretty there objection to the request of the begins with the fertilization of an egg high failure rate. So you are going to gentleman from Florida? or with a somatic cell nuclear transfer need lots of eggs to create a few em- Mr. SENSENBRENNER. Mr. Chair- when others do not. I would urge my bryos and you are going to need a lot of man, reserving the right to object, colleagues to deny themselves the ben- women to get a lot of eggs. there is a snowstorm bearing down on efit of that research if they choose, but And who will donate their eggs? Well, this city. There are numerous Members do not deny it to the rest of the world. it is going to be women who will do it who have asked me to speed this debate Mr. DEUTSCH. Mr. Chairman, I yield for money. It is a painful procedure. up so that they can get out of town and 1 minute to the gentleman from North Women do this right now. The fertility not be marooned here. I would ask the Carolina (Mr. PRICE). clinics frequently deal with women gentleman from Florida to have com- (Mr. PRICE of North Carolina asked who are older and their eggs are not passion on those Members and with- and was given permission to revise and very viable and so they pay typically draw his unanimous consent request. If extend his remarks.) coeds to donate some of their eggs so he persists, I am constrained to object. Mr. PRICE of North Carolina. Mr. that some of these older women can ac- The CHAIRMAN pro tempore. Objec- Chairman, since the House last consid- tually have a baby. It is already going tion is heard. ered a ban on cloning, the National on today. But it is going on today on a Mr. DEUTSCH. Mr. Chairman, I hear Academy of Sciences and the Presi- very limited level and it is going on the possibility of objection so I with- dent’s Council on Bioethics have both today for what I think is an ethically draw it at this point in time. issued reports on the ethical and social and morally appropriate purpose: Mr. Chairman, I yield 2 minutes to questions raised by cloning. H.R. 534 somebody wants to have a baby, some- the gentleman from California (Mr. does not reflect the recommendations body struggling with infertility. But SCHIFF), an original cosponsor of the of either body. now we are going to be talking about legislation who is very knowledgeable In moving to head off the morally un- creating these eggs for this research. about this issue. acceptable practice of cloning human The research, Mr. Chairman, is going Mr. SCHIFF. I thank the gentleman beings, the National Academy of nowhere. I have read the reports. It is for yielding me this time. Sciences concluded that we must take not going to ever lead to any cures. Mr. Chairman, I would like to ad- great care not to limit the process of The reason the biotech industry wants dress my remarks to some of the argu- somatic cell nuclear transfer which the Greenwood amendment to prevail ments that have been made by the op- holds considerable potential for devel- and does not want my position to pre- position to the substitute: first, that oping new therapies and advancing bio- vail is because they want to create other research will adequately sub- medical knowledge. human models of disease so that we stitute for somatic cell nuclear trans- The 17 members of the President’s can get away from using rats and mice fer; second, the policing issue; and Council on Bioethics were divided on a as our models for disease. To me, this third, the moral issue. final policy recommendation, but even is a huge issue. You are talking about On the first issue, there is no ade- the most conservative members of the creating human embryos, modifying quate substitute for the science of so- council recommended only a 4-year them genetically to preprogram them matic cell nuclear transfer. Adult stem moratorium on therapeutic cloning, with diseases, and then selling them cells do not have the same potential to not an outright ban as the Weldon bill for a profit by the biotech industry. differentiate. And even if you are talk- would mandate. I said before, it is an abomination. If ing about embryonic stem cells, the ad- There is a compelling moral case for you do not think that is an abomina- vantage of the somatic cell nuclear therapeutic cloning based on our obli- tion, I do not know what you think is. transfer is that the transfer will bear gation to relieve human suffering and To me it is absolutely ghastly. the DNA of the patient who is being to affirm human health and life. The Let me just close by again saying all treated and it will not be rejected by Greenwood substitute maintains the of this research can proceed with ani- the patient. That is a vital distinction, critical scientific and moral distinc- mal models unfettered under the provi- because it will not necessitate the use sions of the bill that the chairman has tion between reproductive cloning, of immunosuppressant drugs. So there brought to the floor. You can continue which we all agree should be banned, is no adequate substitute for this type with animal research. You can clone and therapeutic cloning which has tre- of research. DNA. You can clone animals. You can mendous potential for human benefit. On the second point, that we cannot clone cells. You just cannot create a Vote against H.R. 534 and for the adequately police this if we allow this. human embryo under the provision of Greenwood substitute. As a practical matter and speaking as Mr. DEUTSCH. Mr. Chairman, I yield this legislation. I think it is the right a former prosecutor, if we want to pre- thing to do. I think that morally it is 1 minute to the gentleman from Vir- clude any possibility of abuse, we not the correct thing to do. I would again ginia (Mr. MORAN). only need to preclude any kind of stem Mr. MORAN of Virginia. Mr. Chair- encourage all of my colleagues to vote cell research, we need to ban and close man, I rise in very strong support for ‘‘no’’ on this substitute and vote ‘‘yes’’ down every fertility clinic in the coun- on the underlying bill. this substitute amendment. Embryonic I want to commend the gentleman try. When has it been the case that be- stem cell use is necessary in discov- from Wisconsin for his very eloquent cause of the possibility of abuse or ering the causes of a myriad of genetic remarks. criminality we would shut down impor- diseases, to testing new drug therapies Mr. DEUTSCH. Mr. Chairman, may I tant, vital avenues of research? That more efficiently on laboratory tissue inquire how much time each of us has has never been the policy of the United instead of human volunteers, and to remaining? States. It is one of the reasons we lead staving off the ravages of disease with The CHAIRMAN pro tempore (Mr. the world in research and one of the the regeneration of our bodies’ essen- SIMPSON). The gentleman from Florida reasons we have to continue to lead. tial organs. (Mr. DEUTSCH) has 9 minutes remain- Finally, on the most difficult ques- Contrary to what opponents have ing. The gentleman from Wisconsin tion, and that is the moral question, been saying, this substitute does not (Mr. SENSENBRENNER) has 5 minutes re- the question of when life begins. This is give a green light to individuals and maining. The gentleman from Pennsyl- not a question that we can resolve on companies who perform human somatic vania (Mr. GREENWOOD) has 30 seconds the House floor. It is something we all cell nuclear transfer. It requires them remaining. bring our faiths to bear on. But what to register with the Food and Drug Ad- Mr. DEUTSCH. Mr. Chairman, I we can decide is whether we are willing ministration which will act as an inde- know, at least at this table, we have to use the coercive power of the gov- pendent oversight committee. The literally probably about 10 or 12 or 15 ernment to make that decision for ev- Greenwood substitute formalizes in law Members who would like to speak. I eryone else; whether we are willing to what is already being practiced across would at least ask for unanimous con- use that coercive power to say that we this Nation. sent to offer each side an additional 10 will deny people treatment derived If the underlying bill instead of the minutes. from this important science because substitute passes, it will represent a

VerDate Dec 13 2002 18:55 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.063 H27PT1 February 27, 2003 CONGRESSIONAL RECORD — HOUSE H1431 triumph for ideological special inter- Mr. DEUTSCH. Mr. Chairman, I yield position to H.R. 534. I join with my col- ests over the public interest, because 1 minute to the gentleman from Mary- leagues in making one thing perfectly the public interest is best served when land (Mr. RUPPERSBERGER), one of our clear: I am opposed to cloning of hu- the medical and the scientific commu- new Members. mans. I do not believe there is any jus- nity is free to exercise their profes- Mr. RUPPERSBERGER. Mr. Chair- tification in replication of a human sional judgment in extending and en- man, I am not in favor of cloning hu- being. However, I believe that we in hancing human life. mans for reproduction but I do favor Congress have a responsibility to care- Mr. DEUTSCH. Mr. Chairman, I yield the medical research that the Green- fully craft Federal legislation on 1 minute to the gentlewoman from wood substitute would provide. Every cloning that will not outlaw legitimate California (Mrs. DAVIS). day in this country hundreds of thou- medical research that may save or en- (Mrs. DAVIS of California asked and sands of Americans suffer from the ef- hance the lives of many. was given permission to revise and ex- fects of degenerative disease and spinal Former First Lady Nancy Reagan has tend her remarks.) cord injuries. As a young attorney I stated her support of therapeutic Mrs. DAVIS of California. Mr. Chair- was in a car accident where I nearly cloning because it offers the best hope man, I rise in support of the Greenwood lost my life. Maryland’s Emergency for curing Alzheimer’s. I am supporting substitute. We know that the people Medical Shock Trauma system saved the amendment. I urge my colleagues who have come before us today have my life. Medical research saved my to do the same. said, and they have said this very life. To this day I continue to serve as Mr. DEUTSCH. Mr. Chairman, I yield clearly, that none of us supports vice chair of the Shock Trauma Board. myself such time as I may consume. cloning as a means of human reproduc- My work with shock trauma has put Mr. Chairman, I am going to read a tion. But we also know that drug dis- me in contact with a number of people letter that Nancy Reagan wrote to this coveries often have narrow targets. I who are suffering from degenerative Congress on this issue. ‘‘As you may believe that my colleague, the gen- diseases and spinal cord injuries. know, Ronnie will observe his 92nd tleman from Pennsylvania (Mr. GREEN- My good friend Burt Greenwood from birthday soon. In earlier times we WOOD), mentioned the number of orga- Baltimore has Lou Gehrig’s disease. would have been able to celebrate that nizations that are supporting this. Every day he fights to stay with us. day with great joy and wonderful Those who suffer from unusual ill- Every day he hopes that stem cell re- memories of our life together. Now, nesses that kill the young seldom have search someday will give him a chance. while I can draw strength from these sufficient numbers to stimulate drug That is why I stand in support of the memories, I do it alone, as Ronnie research; but it is this basic research Greenwood amendment. We must make struggles in a world unknown to me or we are talking about, this basic re- continued research a reality and not the scientists who devote their lives to search into cell reproduction that, if just a hope for the families that we Alzheimer’s research. Because of this, I successful, could benefit large numbers represent. am determined to do what I can to save of such diseases, each of which affects Let me quote Dr. Jeffrey Rothstein, a other families from this pain. I’m writ- a small number of people. professor of neurology and the director ing, therefore, to offer my support for None of us here would want to look a for ALS research at Johns Hopkins stem cell research and to tell you I’m constituent in the eye and say that we University: in favor of new legislation to allow the rejected the possibility of pursuing 21st No responsible scientist wants to clone a ethical use of therapeutic cloning. Like century science which might have human. Responsible scientists want to con- you, I support a complete ban on repro- saved the life of their loved one. tinue the research for cures to degenerative ductive cloning. However, I believe Mr. SENSENBRENNER. Mr. Chair- disease. Stem cell research holds the only man, I yield 2 minutes to the gentle- hope for thousands of suffering Americans. that embryonic stem cell research, woman from Tennessee (Mrs. under appropriate guidelines, may pro- 1630 BLACKBURN). b vide our scientists with many answers Mrs. BLACKBURN. I thank the gen- Mr. DEUTSCH. Mr. Chairman, I yield that are now beyond our grasp. Sin- tleman for yielding me this time. 1 minute to the gentleman from Kansas cerely, Nancy Reagan.’’ Mr. Chairman, I rise in support of the (Mr. MOORE). Mr. Chairman, there are those fami- good doctor from Florida’s legislation, Mr. MOORE. Mr. Chairman, this de- lies that might not choose to want to H.R. 534, and against the Greenwood bate is not about human cloning, and use this research, and my colleagues substitute. I also want to thank my everybody in this Chamber knows that. mentioned, themselves, that they chairman on the Committee on the Ju- In fact, both bills ban human cloning. would not. This bill actually bans the diciary for moving the legislation This debate is about whether there is importation of those cures. I doubt through our committee and bringing it going to be medical research that may there is a family in America that if here today. provide answers to some of the horrible Alzheimer’s was cured through this re- I am very concerned by the language diseases that afflict people. I want my search in Ireland, Japan, Germany that of the substitute and its ramifications. colleagues to meet little Claire, 31⁄2, they would not use it; and I would not Leon Kass, the distinguished and Lauren, 5. They have a disease ask a Member personally to state what bioethicist, notes that under the called SMA, spinal muscular atrophy. would happen on the floor if that was Greenwood language, embryo produc- It is a genetic disease. Half the kids di- the case, but I ask them to look into tion is explicitly licensed and treated agnosed with this die by the time they their own hearts before they vote like drug manufacturing. Furthermore, are 2 years old. All they want is a about that. it would establish an unworkable sys- chance. They have hope. H.R. 534 takes Finally, I would say that that is the tem of embryos in labs all over the the chance for a cure away from them. issue in front of us today. I urge the country and puts Federal law enforce- I hope that the people on the side of support of the substitute and adoption ment in charge of making sure that no H.R. 534 will think about that. All they of the final bill. egg is ever implanted in a woman’s want is a chance. Is that too much to Mr. GREENWOOD. Mr. Chairman, I body. Our law enforcement officials ask? yield myself such time as I may con- simply cannot carry out the directive. Please, I implore my colleagues here sume. The language of the base bill is nar- to vote for the Greenwood substitute It has been a good debate. The gen- rowly tailored. Simply, the language and against H.R. 534. tleman from Wisconsin seemed to ensures that women are not exploited Mr. DEUTSCH. Mr. Chairman, I yield think that I was impugning the oppo- so their eggs cannot be mass harvested 30 seconds to the gentlewoman from nents of my substitute. I am not. My as commodities for research purposes. Oregon (Ms. HOOLEY). point was that contrary to the argu- And the language prohibits the cre- Ms. HOOLEY of Oregon. Mr. Chair- ment that the gentleman from New ation of cloned human embryos for ex- man, I thank the gentleman from Flor- Jersey (Mr. SMITH) made that the pur- perimental research or productive pur- ida (Mr. DEUTSCH) for yielding me this pose of this research is strictly for the poses. I urge my colleagues to oppose time. exploitation and destruction of human the substitute and to support this im- Mr. Chairman, I rise today in support life is wrong, this is about hope. This is portant legislation. of the Greenwood substitute and in op- about trying to stop suffering, and we

VerDate Dec 13 2002 18:55 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.065 H27PT1 H1432 CONGRESSIONAL RECORD — HOUSE February 27, 2003 have a choice to make here between potentialities that I feel that we as a support for the Greenwood/Deutsch/DeGette/ fear and hope, and I encourage my col- civilization do not want to open up, Eshoo/Kirk substitute. The United States has leagues to support hope. Support the and therefore I strongly encourage my long been the leader in medical research and Greenwood-Deutsch amendment and colleagues on both sides of the aisle to biotechnology. Biotechnological advances vote ‘‘no’’ on the Weldon bill. vote against the substitute and vote have the potential to transform the way we Mr. SENSENBRENNER. Mr. Chair- ‘‘yes’’ on the underlying bill. treat many debilitating diseases. man, I yield the balance of my time to Mr. EVANS. Mr. Chairman, I have come be- One promising way that biotechnology is the gentleman from Florida (Mr. fore you today to share my strong opposition changing our lives is through the potential of WELDON), the author of the bill. to H.R. 534 and to ask my colleagues to vote stem cell research and therapeutic cloning. Mr. WELDON of Florida. Mr. Chair- for the Greenwood substitute. It is very impor- Therapeutic cloning is not cloning in the sense man, I again thank the chairman for tant to me personally that we take a serious most people use the term, namely using tech- his work in this area, and I thank him look at the issue of banning technology for the nology to create a person who is a genetically for yielding me this time. inherently different uses of creating embryos identical copy of someone else. That type of The Greenwood substitute purports for both therapeutic cloning and reproduction cloning is reproductive cloning and is rightfully to be a ban on human cloning. It is a cloning. subject to a ban. The Greenwood Substitute moratorium on human cloning. It is a First, this issue does not conflict with reli- would do just that. 10-year prohibition that sunsets; and it gious faith. One leading scientist provides this In addition, the Greenwood Substitute would allows unfettered, essentially, the cre- description of cloning technology: ‘‘Because also permit therapeutic cloning. The potential ation of human embryos in the lab for there are no body cells of any kind, and the therapies that may be developed from thera- the purpose of research; and then it re- cells have not yet individualized they are not peutic cloning are significant. Therapeutic quires their destruction, essentially, a person yet, by definition. Saying that a cloning will help researchers pursue stem cell through a process called somatic cell preimplantation embryo is a human being and therapies that could impact the lives of millions nuclear transfer or human cloning. arguing that therapeutic cloning is, therefore, of Americans suffering from many of our most We have never gone in this direction unethical is simply not based on fact.’’ devastating illnesses, including Alzheimer’s before where we are actually talking Therapeutic cloning and stem cell research disease, Parkinson’s disease, ALS, heart dis- about creating human embryos in the have the potential to bring us exciting new ease, cancer, and spinal cord injury. Further, lab for exploiting them and destroying treatments and possible cures for many of our this technology offers hope to the more than them. There have been a few labs in most debilitating diseases and injuries includ- 1 million American children who suffer from ju- different places in the country that ing Parkinson’s, diabetes, heart disease, mul- venile diabetes because of the potential to have tried to do this. One successfully. tiple sclerosis, burns, and spinal cord injuries. turn these cells into insulin-producing cells. There are fertility clinics that have so- The list goes on. The number of Americans We have entered the 21st Century and are called excess embryos, and some of suffering from these afflictions—and indeed on the verge of breakthrough biomedical dis- them have made those embryos avail- the number of those who will potentially reap coveries that could save millions of lives. H.R. able for stem cell research. This bill the benefits—is estimated to be over 100 mil- 534 would halt vital research that has the po- does not affect that. That would be per- lion. Mr. Speaker, and as someone with Par- tential to revolutionize the biotech industry. missible to move forward. kinson’s Disease, I am one of those millions. Stopping this research in its tracks puts the The question before us is, is the Critics of therapeutic cloning and embryonic United States at a clear and immediate dis- Greenwood substitute a real ban on stem cell research say that there has been lit- advantage. Other nations such as Britain, human cloning? I contend it is not. It tle progress and these techniques offer only France, Sweden, and the Netherlands, all of would still allow the creation of clones pipe dreams to those who are sick or dying. which currently have laws allowing therapeutic in the lab in embryonic form, and I be- I ask my colleagues why this fledgling science cloning from designated sources, continue to lieve very strongly that it will usher in which is in its infancy should be banned be- advance the technology. Molecular and cel- what the supporters of the substitute fore further developments and progress can lular biologists committed to this research claim that they do not want to see and be made. have already begun to look abroad, and they Opponents to therapeutic cloning say that that is reproductive cloning, because take with them lucrative investments from the the possible evils associated with creating we will have all of these labs gener- biotech industry. Other scientists have cloned human beings are so great that we ating these embryos and eventually dropped the cause all together, wasting pre- need to ban the technology itself, that is a one of them or more will find its way cious time in the development of life-saving slippery slope. This is simply not the case, procedures that will someday help millions of into unscrupulous hands, will be im- and the Greenwood substitute institutes se- people. planted, and will result in reproductive vere criminal penalties for anyone involved in Back home in Wisconsin, I have had the cloning. implanting a cloned embryo in a women’s privilege of meeting with Dr. James Thomson, Might I also add that there are some uterus. a developmental biologist at the University of people who want to allow this research In fact, the only slippery slope in this de- Wisconsin-Madison, who has contributed to move forward so that they can some bate—the fate of embryos, which may be ap- greatly to stem cell research. Three years ago day be able to do reproductive cloning. plied then to embryos created for in vitro fer- he became the first person to isolate stem At a hearing we had on this issue, I had tilization, that are created with a possibility of cells from human embryos. He has not taken Dr. Brian Cohen testify before the com- being discarded is at stake. As a society, we on this work lightly, he has thought carefully mittee, and he repeatedly said, ‘‘We are have accepted and even embraced the about the ethical implications of his research. opposed to reproductive cloning at this science of in vitro fertilization. Deciding that For Dr. Thompson, the moral questions about time.’’ He kept saying ‘‘at this time.’’ we should more to a society in which embryos embryo experimentation were not difficult to And I finally asked him, ‘‘What do you should never be created with the knowledge resolve; he concluded that research was the mean by ’at this time’?’’ And he is the that they would be discarded would not only ‘‘better ethical choice.’’ executive director, or the president, of affect the importance research of embryonic Because embryonic stem cells have the po- the American Society for Reproductive stem cells but also affect the millions of Ameri- tential to grow into any cell or tissue in the Medicine; and then he went on to basi- cans who gain hope of bearing their own chil- human body, scientists say they hold great po- cally say that if they can work through dren by in virto fertilization. tential for repairing damaged tissues or or- all of the problems with cloning that Regeneration medicine provides hope for gans. But to extract them requires that the they would some day like to be able to millions of Americans. It is the future of medi- embryo be destroyed, therefore, every year do it. And what will happen, what will cine for so many of our citizens who suffer since 1995, Congress has attached language be next with that? I contend that the every day. It holds hope for my life. Let us to its appropriations legislation to ban taxpayer age of eugenics will have arrived. leave science and medical technology to our financing of the work. There will be people who will then medical technology to our medical researchers This ban requires that Dr. Thomson work want to manipulate these embryos for and use our time to focus on this Nation’s real into different laboratories, one of them in se- the purpose of creating a human with problems. I urge my colleagues to vote for the cret. He works primarily out of the university’s preintended specifications, specifying Greenwood substitute, H.R. 801, and vote primate center. This is his federally financed size, height, weight, athletic perform- against H.R.534. laboratory where he studies stem cells derived ance, intellectual capabilities; and it Mr. KIND. Mr. Chairman, I rise today in from the embryos of rhesus monkeys and will open a Pandora’s box of frightful strong opposition to H.R. 534 and in strong marmosets.

VerDate Dec 13 2002 18:55 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 9920 E:\CR\FM\K27FE7.067 H27PT1 February 27, 2003 CONGRESSIONAL RECORD — HOUSE H1433 When he conducts research on human and successfully treat or reverse so many products have helped ten of millions of pa- cells, he must, however, move to an entirely other diseases for which this was still an im- tients worldwide. different laboratory. This one is paid for by possible dream I was in practice. Mr. Chairman, today’s, Greenwood Amend- WiCell Research Institute, a corporation set up To pass H.R. 534 would not only cost our ment takes care of both of my concerns on as a subsidiary of the Wisconsin Alumni Re- nation its standing as the world leader in this issue. First and foremost, if defines search Foundation, the nonprofit group that health technology, but passing that base bill human somatic cell nuclear transfer with the holds the patent to Dr. Thomson’s work. The would kill this dream, and with it the hope of intent to initiate a pregnancy as a criminal act location of this lab has never been disclosed life and health for countless of our constitu- subject to criminal and civil penalties. These to ensure the safety of the workers. ents. penalties include: Imprisonment of up to 10 Let’s not do that, vote instead for the Green- Freedom of research has led to the devel- years; Civil penalties up to $10 million (or two wood/Deutsch/DeGette/Eschoo substitute. opment of over 117 biotech products that have times the pecuniary gain from cloning); and it helped more than 250 million people world- Mrs. MCCARTHY of New York. Mr. Chair- man, I rise today to express my extreme op- provides for forfeiture of equipment, other wide. In addition, the biotech industry gen- property, and any monetary gains from cloning erated $28.5 billion in revenues in 2001, an in- position to the cloning of human beings. At no time do I think it will be acceptable for science human beings. In addition, it requires all indi- crease of more than 350 percent in just ten viduals who plan to perform human somatic years. Further, employment within the sector to go down that path. As Members of Con- gress, we need to impose very strict penalties cell nuclear transfer to register with the FDA. more than doubled in the same time period. And finally it requires all research be con- The United States has an obligation to dem- to prevent scientists from making the jump ducted with the Institutional Review Board’s onstrate our continued leadership in this arena from doing important research to playing God. oversight. and we can only do so with the support of our But as a nurse, I remember a debate very government. We cannot afford the loss of re- similar to this one, the debate over research- The Greenwood Amendment also address- sources that a chilled scientific climate will ing DNA. In the 1970s, we in the healthcare es my concern about restrictions on thera- bring. We should not cede our leadership, or community were very excited over the re- peutic cloning by allowing this important re- our industry, to other nations. search being conducted by scientists on search to proceed. The goal of therapeutic I urge my colleagues to vote no on the human beings actual biological makeup. How- cloning is to treat or cure patients with life Weldon bill. Support responsible research, ever, many others believed then that we were threatening diseases by creating tailor made, vote yes on the Greenwood Substitute. headed towards creating Frankenstein or genetically identical cells that the patient’s Mrs. CHRISTENSEN. Mr. Chairman, the Aldolphus Huxley’s ‘‘Brave New World.’’ body will not reject. In other words, this proce- issue of human cloning is one that under- The DNA technology debate also focused dure could allow patients to be cured using standably causes grave concern and often on regenerative medicine based on stem cell their own DNA. heated opposition. But we in our position as and nuclear transfer biology. DNA involves In that process the nucleus is removed from leaders have the responsibility not only to en- splicing the gene for a desired protein into a donated unfertilized egg and replaced with sure that this developing and promising tech- bacterial, yeast or other mammalian cells, the patient’s own cells, like skin, heart, or nology that can revolutionize the art of heal- which then manufacture protein. To accom- nerve cell. These types of cells are called so- ing, is not used for nefarious purposes, but to plish this, scientists had to develop incredibly matic cells. These unfertilized egg cells are also educate and inform the public on the powerful techniques for managing the mecha- stored in a perti dish to become a source of issue. nisms to cellular biology. Society had to de- stem cells that can be used to treat life-threat- Today I rise in support of H.R. 801, the cide whether to allow their continued develop- ening medical conditions. These cells are not Greenwood-Deutsch Cloning Prohibition Act of ment and if so, how to regulate and manage transplanted into a womb and no sperm is 2003, because it makes the critical distinctions these techniques. used in this procedure. and provides the hope that the people of this Mr. Chairman, the research continued, and The National Scientists Academy believes country are looking for. We don’t ever want to millions of patients and their families have that therapeutic cloning or somatic cell nuclear clone human beings, but we do want to use benefited. Today, it is used to produce human transplant technology could lead to dramatic the technology termed, ‘‘human somatic cell therapeutic proteins to treat or prevent a wider new treatments and cures for currently non- transfer’’ as the vital tool it is, to allow sci- array of diseases and conditions. DNA prod- curable diseases and medical conditions in- entists to fully develop the wonderful promise ucts include: Human Insulin for diabetics; cluding cancer, diabetes, parkinson’s, spinal of stem cell research. Herceptin for patients with breast cancer; I applaud my colleagues for their leadership Epogen for patients with kidney disease; cord injuries, heart disease, ALS and many in bringing this alternative bill forward. It Enbrel to hel patients with rheumatoid arthritis; others. We need to find these cures today and should be the primary, and really the one bill and Pulmozyne that has prevented childhood this research may be the key to unlock the before us today. deaths from cystic fibrosis. cure. As a physician I look forward to the day Mr. Chairman, at this time I would like to Therefore, Mr. Chairman, I rise in support of when we can cure diseases such as sickle cell submit for the RECORD a list of 66 other DNA the Greenwood Amendment and urge all my disease, make the quadriplegic walk again, products that are approved by the FDA. These colleagues to do the same.

VerDate Dec 13 2002 18:55 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 9920 E:\CR\FM\A27FE7.058 H27PT1 H1434 CONGRESSIONAL RECORD — HOUSE February 27, 2003 1997; 1998 998 1998 1999 2000 1993; 1994; 1996; 1999 1991; 1994; 1995; 1998 1997; 1999 1991; 1995; 1996 1994; 1997 2000 1990; 1993; 1996 1987 1990 1996 2001 1998; 1999 2000 1998 1998; 2001 2001 1991 1994 1986; 1988; 1991; 1996; 2001 1986; 1988; 1995; 1995 ... 1996 rs of ...... 1982 ...... 1982 us coronary lpha interferon bilizing periph- ...... 1999 and older in first failed fludarabine in childhood-onset on therapy. erate to severe active immunosuppressive ther- erapy in older patients with h chronic renal insufficiency ...... 2000 ...... 1990 ...... 1998 lanoma; extended therapy for follicular ...... 1997 tive chronic myelogenous leukemia; hep- ...... 1987; 1989; 1993 lood clot complications for all patients un- ...... 1997 t of hemophilia A ...... 1989; 2000 women ...... 1998; 2000 ...... 1996; 1997 X ...... 1999 quate response to one or more disease-modifying with fistulae; treatment of patients rheumatoid ree months to 2 years and children 4 old 1993; 1996; 1998 ...... 1995 ase who have anti-HCV serum antibodies and/or the ...... 1992 nia; severe chronic neutropenia; autologous bone mar- for use in anemic patients scheduled to undergo elec- ...... 1995; 1997 ...... 1993 ...... 1997 ...... 1992; 1998 have failed one or more disease-modifying anti-rheumatic ose for treatment of hemophilia A ...... 1994; 2000 ...... 1989; 1998 ...... 1997 ...... 1993 ...... 1998 ed HIV patients; pediatric use ...... 1989; 1999 t or with minimal activity ...... 2001 ...... 1997 ...... 1996 ...... 1996 ...... 2000 ...... 1997 ...... 2001 ...... 1996 ...... 1995 ...... 1985 ...... 2000 ...... 1996 ...... 2000 ...... 1 ...... Indication Year approved Indication Year ...... py with Rebetol of treatment hepatitis C in patients compensated liver disease ...... 2001 of acute myocamprdial infarction (heart attack); massive pulmonary embolism; ischemic stroke within first three hou ting dosage form of recombinant growth hormone (one or two doses permonth) for pediatric bormone deficiency ...... atment of chronic ganulomatous disease; treatment severe malignant ostepetrosis ...... antirheumatic drugs; treatment of polyarticular course juvenile rheumatoid arthritis; as a first-line therapy for mod rheumatoid arthritis. prior to kidney transplantation; short stature associated with Turner Syndrome; improve spine bone mineral density observed adult growth hormone-deficent patients and to increase serum alkaline phosphatase. row transplant engraftment or failure; mobilization of autologous PBPCs after chemotherapy. presence of HCV RNA; subsequent treatment HCV-infected patients who have tolerated an initial course interferon therapy. dergoing any coronary intervention; treatment of unstable angina not responding to conventional medical therapy when percutaneo Iitervention is planned within 24 hours. acute myelogenous leukemia; for use following allogenic bone marrow transplantation from HLA-matched related donors; mo eral blood progenitor cells and for use after PBPC transplantation. tive noncardiac, nonvascular surgery. systom onset; restoration of function to central venous access devices (Cathflo Activase). arthritis who have had inadequate response to methotrexate alone. relapse who are not considered candidates for cytotoxic chemotherapy. treatment; treatment of chronic hepatitis C in patients with compensated liver disease previously untreated alpha interfer apy; use in pediatric renal transplantation and of an IV bolus injection. therapy. lymphoma in conjunction with chemotherapy; treatment of hepatitis B pediatric patients. drugs. atitis C. mbination therapy for treatment of chronic hepatitis C in patients with compensated liver disease who have relapsed following a reatment of hemophilia B ...... Control and prevention of hemophilia A short-term prophylaxis to reduce bleeding episodes ...... Treatment of B-cell chronic lymphocytic leukemia (B-CLL) in patients who have been treated with alkylating agents and Human antibody linked to calicheamicin (chemotherapeutic) for treatment of CD33 positive acute myeloid leukemia in patients 60 Prevention of acute rejection episodes in kidney transplant recipients; use renal transplantation combination with triple ...... Blood-clotting factor VIII for the treatment of hemophilia A ...... Treatment of autologous bone marrow transplantation; treatment white blood cell toxicities following induction chemoth ...... Treatment of patients with metastatic breast cancer whose tumors overexpress the HER2 receptor ...... ) ..... Prevention of severe chemotherapy-induced thromboctopenia in cancer patients ...... Treatment of growth hormone deficiency in children; adults; failure associated wit ...... Treatment of human growth hormone deficiency in children ...... Hepatitis B vaccine for adolescents and high-risk infants; adults; dialysis patients; pediatrics ...... Platelet-derived growth factor treatment of diabetic foot ulcers ...... Treatment of relapsing-remitting multiple sclerosis ...... Treatment of relapsed or refactory low-grade follicular, CD20-positive B-cell non-Hodgkin’s lymphoma ...... Hepatitis B vaccine; adults with chronic hepatitis C infection ...... Reduction of acute blood-clot-related complications for high-risk angioplasty patients; reduction b ...... Treatment of cachexia (AIDS-easting) ...... Treatment of infertility in women ...... Treatment of hairy cell leukemia; AIDS-related Kaposi’s sarcoma; chronic phase Philadelphia chromosome posi ...... Treatment of infertility in women not due to primary ovarian failure; treatment men and ...... Treatment of kidney carcinoma; treatment metastastic melanoma ...... Treatment of hairy cell leukemia; gential warts; AIDS-related Kaposi’s sarcoma; non-A, non-B malignant me ...... Treatment of growth hormone deficiency in children ...... Factor VII for treatment hemophilia A; second-generation factor formulated with sucrose treatmen RECOMBINANT DNA PRODUCTS APPROVED THROUGH DECEMBER 31, 2001 ...... Treatment of growth hormone deficiency in children; somatotropin syndrome adults ...... Treatment of bleeding episodes in hemophilia A or B patients with inhibitors to factor VIII I ...... Prevention of Lyme disease ...... Treatment of diabetes ...... Recombinant follicie-stimulating hormone for treatment of infertility ...... Treatment of mild to moderate cystic fibrosis; advanced pediatric use in infants th ...... For anticoagulation in patients with heparin-induced thrombocyto-penia ...... Treatment of hemophilia A; perioperative management patients with A ...... Treatment of growth hormone deficiency in children ...... Treatment of growth hormone deficiency in children ...... Treatment of growth hormone deficiency in children; adults ...... Short-term management of moderately to severely active Crohn’s disease, including those patients ...... Treatment of anemia asociated with chronic renal failure ...... Treatment of moderate to severely active rheumatoid arthritis in patients who have had an inade ...... Management of acute myocardial infarction in adults (thrombolytic) ...... Treatment of relapsing-remitting multiple sclerosis ...... Insulin analog for adults with diabetes mellitus ...... Treatment of diabetes ...... Treatment of hepatitis C virus (HCV) in patients 18 years or older with compensated liver dise ...... Treatment of diabetes ...... Factor VIII for treatment of hemophilia A; second-generation factor formulated with sucr ...... Treatment of Type 1 Gaucher’s disease ...... Treatment of anemia in AZT-treated HIV patients; cancer patients on chemotherapy; ...... Treatment of moderately to severely active rheumatoid arthritis in patients 18 or older who ...... Treatment of growth hormone deficiency in children with failure ...... Treatment of chemotherapy-induced neutropenia; bone marrow transplant accompanied neutrope ...... Treatment of anemia associated with chronic renal failure and in zidovudine-treat ...... Biosynthetic basal insulin for adult and pediatric patients with type 2 diabetes ...... Treatment of patients with acutely decompensated heart failure who have syspnea at res Berlex Laboratories Inc. Products Corporation). ceuticals Inc.. Enzon Inc. and Schering-Plough ...... Treatment of chronic hepatitis C; combination thera ...... Genentech Inc ...... Treatment  Activase TM Product Company (somatropin) ...... Genentech Inc......  (somatropin, injectable suspension) ...... Genentech Inc. and Alkermes ...... Long-ac (hepatitis B vaccine) ...... Merck & Company Inc...... (aldesleukin) ...... Chiron Corporation ...... rAHF (antihemophilic factor) ...... Baxter Healthcare Corporation ......  (pegylated version of recombinant interferon TM (semorelin) ...... Pharmacia ......  (infliximab) ...... Centocor Inc...... (dornase alfa) ...... Genentech Inc...... (interferon gamma-1b) ...... Genetech Inc. and InterMune Pharmaceuticals ...... Tre (reteplase) ...... Centocor Inc...... (somatropin) ...... Novo Nordisk ...... (somatotropin) ...... Eli Lilly and Company ...... (human growth hormone) ...... Bio-Technology General Corp ...... (combination of ribavirin and alpha interferon) Schering-Plough Corporation ...... Co  (coagulation factor VIIa) ...... Novo Nordisk ...... (interferon alfa-2a) ...... Hoffmann-La Roche Inc...... (folitropin beta for injection) ...... Organon ...... (gemtuzumab ozogamicin)(gemtuzumab ...... Celltech Chiroscience and Wyeth-Ayerst (American Home (interferon beta 1-b) ...... Berlex Laboratories and Chiron Corp ...... (filgastim) ...... Amgen ...... (antihemophilic factor) ...... Centeon ...... (darbepoietin alfa) ...... Amgen ...... Gel (gel becaplermin) ...... Ortho-McNeil and Chiron Corporation ...... (rituximab) ...... IDEC Pharmaceuticals and Genentech Inc...... (trastuzumab, recombinant monoclonal antibody) Genentech Inc ...... (somatrem) ...... Genentech Inc...... (lepirudin) ...... Hoechst Marion Roussel ...... (alglucerase) ...... Genzyme ...... (oprelvekin) ...... Genetics Institute (American Home Products Corporation  (alemtuzumab, recombinant monoclonal antibody) monoclonal recombinant Ilex Oncology Inc., Millennium Pharmaceuticals Inc. and (alemtuzumab, FS (antihemophilic factor) ...... Bayer Corporation ...... (coagulation factor IX) ...... Genetics Institute (subsidiary of American Home Products) .. T (human insulin) ...... Eli Lilly and Company ...... (abciximab) ...... Centocor and Eli Lilly Company ......  (human growth hormone) ...... Serono Laboratories ...... (basiliximab) ...... Novartis Pharmaceutical Corporation and Ligand Pharma- , (hepatitis B vaccine, recombinant) ...... GlaxoSmithKline ...... (anakinra) ...... Amgen Inc......  TM (nesiritide) ...... Scios Inc...... (insulin) ...... Eli Lilly and Company ......  (antihemophilic factor) ...... Genetics Institute (American Home Products Corporation) ..... (insulin aspart) ...... Novo Nordisk ...... (interferon alfacon-1) ...... Amgen ......  (alpha interferon) ...... Schering-Plough Corporation ...... (OspA) ...... SmithKline Beecham Biologicals ...... (antihemophilic factor) ...... Aventis ......  (folicle-stimulating hormone) ...... Serono Laboratories ...... (granulocyte macrophage colony stimulating factor) Immunex Corporation ...... /Nutropin AQ TM  (alteplase)/Cathflo (human insulin) ...... Novo Nordisk ...... (epoietin alfa) ...... Amgen ......    (epoietin alfa) ...... Ortho Biotech Inc...... TM  (interferon beta 1-alpha) ...... Biogen ...... (insulin glargine) ...... Aventis ......  (human chorionic gonadotropin) ...... Serono Laboratories ......    TM  TM (human growth hormone) ...... Serono Laboratories ......   (etanercept) ...... Immunex Corporation ......    TM  TM       TM TM TM (semorelin) ...... Serono Laboratories ......   TM     TM TM     TM    alfa-2b). Rebetron Engerix-B Humulin LYMrix Gonal-F Ovidre Geno Tropin Pulmozyme Simulect NovoSeven Avonex Helixate Intron A Neumega Recombivax-HB Refludan Herceptin Epogen Infergen Roferon-A Norditropin Retavase Follistim NovoLog Activas Proleukin IL-2 BeneFix Leukine Novolin DeFacto Serostim Aranesp Protropin Actimmune Nutropin Depot PEG-Intron ReoPro Bioclate Humalog Procrit Rituxan Campath Nuepogen Natrecor Recombinate Cerezyme Enbrel Humatrope Regranex Remicade Kineret Lantus BioTropin Geref Nutropin Betaseron Kogenate Mylotarg Saizen

VerDate Dec 13 2002 18:55 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A27FE7.076 H27PT1 February 27, 2003 CONGRESSIONAL RECORD — HOUSE H1435 ...... 2001 pediatric patients at high risk of RSV disease ...... 1998 g in the follow-up of patients with thyroid cancer ...... 1998 ...... 2001 ...... 1997 ...... 2000 Immunization against hepatitis A and B viruses ...... Treatment of severe, life-threatening sepsis ...... Prevention of kidney transplant rejection ...... Prevention of serious lower respiratory tract disease caused by syncytial virus (RSV) in ...... Treatment of acute myocardial infarction ...... Adjunctive diagnostic tool for serum thyroglobulin testing with or without radioiodine imagin (palivizumab) ...... MedImmune Inc...... (tenecteplase) ...... Genentech Inc...... (thyrotropin alfa) ...... Genzyme ...... (daclizumab) ...... Hoffmann-La Roche Inc...... (drotecogin alfa, recombinant) ...... Eli Lilly and Company ...... (hepatitis A and hepatitis B [recombinant] vaccine) SmithKline Beecham Biologicals ...... TM   TM  TM Thyrogen TNKase Xigris Twinrix SYNAGIS Zenapax

VerDate Dec 13 2002 18:55 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A27FE7.076 H27PT1 H1436 CONGRESSIONAL RECORD — HOUSE February 27, 2003 The CHAIRMAN pro tempore (Mr. Cox Jenkins Portman The result of the vote was announced Cramer John Putnam SIMPSON). The question is on the as above recorded. Crane Johnson (IL) Quinn amendment in the nature of a sub- Crenshaw Johnson, Sam Radanovich Stated for: stitute offered by the gentleman from Cubin Jones (NC) Rahall Ms. MCCARTHY of Missouri. Mr. Chairman, Pennsylvania (Mr. GREENWOOD). Culberson Kanjorski Regula during rollcall vote No. 37, I was unavoidably Cunningham Kaptur The question was taken; and the Rehberg detained. Had I been present, I would have Davis (TN) Keller Renzi Chairman pro tempore announced that Davis, Jo Ann Kennedy (MN) Reynolds voted ‘‘aye.’’ the noes appeared to have it. Davis, Tom Kildee Rogers (AL) Deal (GA) King (IA) b 1700 Rogers (KY) RECORDED VOTE DeLay King (NY) Rogers (MI) DeMint Kingston The CHAIRMAN pro tempore (Mr. Mr. DEUTSCH. Mr. Chairman, I de- Rohrabacher Diaz-Balart, M. Kline GILCHREST). Under the rule, the Com- Royce mand a recorded vote. Doolittle Knollenberg Ryan (OH) mittee rises. A recorded vote was ordered. Doyle Kucinich Accordingly, the Committee rose; The vote was taken by electronic de- Dreier LaHood Ryan (WI) Duncan Latham Ryun (KS) and the Speaker pro tempore (Mr. vice, and there were—ayes 174, noes 231, Dunn LaTourette Sanders SIMPSON) having assumed the chair, Saxton answered ‘‘present’’ 1, not voting 28, as Edwards Lewis (CA) Mr. GILCHREST, Chairman pro tempore follows: Ehlers Lewis (KY) Schrock Emerson Linder Sensenbrenner of the Committee of the Whole House [Roll No. 37] English LoBiondo Sessions on the State of the Union, reported AYES—174 Everett Lucas (KY) Shadegg that that Committee, having had under Feeney Lucas (OK) Shaw Abercrombie Granger Neal (MA) consideration the bill (H.R. 534) to Ferguson Manzullo Sherwood Allen Green (TX) Obey Flake Marshall Shimkus amend title 18, United States Code, to Andrews Greenwood Olver Fletcher McCotter Shuster prohibit human cloning, pursuant to Baird Grijalva Ose Foley McHugh Simpson Baldwin Gutierrez House Resolution 105, he reported the Owens Forbes McInnis Skelton Ballance Harman bill back to the House with an amend- Pallone Fossella McIntyre Smith (NJ) Bass Hastings (FL) Pascrell Franks (AZ) McKeon ment adopted by the Committee of the Becerra Hinchey Smith (TX) Pastor Frelinghuysen McNulty Bell Holt Souder Whole. Pelosi Garrett (NJ) Mica Berkley Honda Stearns The SPEAKER pro tempore. Under Price (NC) Gerlach Michaud Berman Hooley (OR) Stenholm Pryce (OH) Gillmor Miller (FL) the rule, the previous question is or- Biggert Houghton Stupak Ramstad Gingrey Miller (MI) dered. Bishop (NY) Hoyer Sullivan Rangel Goode Mollohan Blumenauer Inslee Sweeney The question is on the amendment. Reyes Goodlatte Moran (KS) Boehlert Israel Tancredo Rodriguez Goss Murphy The amendment was agreed to. Bono Jackson (IL) Tauzin Ross Graves Murtha The SPEAKER pro tempore. The Boswell Jackson-Lee Taylor (MS) Rothman Green (WI) Musgrave Boucher (TX) Taylor (NC) question is on the engrossment and Roybal-Allard Gutknecht Myrick Boyd Johnson (CT) Terry third reading of the bill. Ruppersberger Hall Nethercutt Bradley (NH) Johnson, E. B. Thornberry Rush Harris Ney The bill was ordered to be engrossed Brady (PA) Jones (OH) Tiahrt Sabo Hart Northup and read a third time, and was read the Brown (OH) Kelly Tiberi Sanchez, Linda Hastings (WA) Norwood Capps Kennedy (RI) Toomey third time. T. Hayes Nunes Capuano Kilpatrick Turner (OH) Sandlin Hayworth Nussle PARLIAMENTARY INQUIRY Cardin Kind Turner (TX) Schakowsky Hefley Oberstar Mr. SENSENBRENNER. Parliamen- Cardoza Kirk Upton Schiff Hensarling Osborne Case Kleczka tary inquiry, Mr. Speaker. Scott (GA) Herger Otter Vitter Castle Kolbe Hill Oxley Walden (OR) The SPEAKER pro tempore. The gen- Clay Lampson Scott (VA) Hobson Paul Walsh tleman will state it. Clyburn Langevin Serrano Hoekstra Pearce Wamp Conyers Lantos Shays Mr. SENSENBRENNER. Would it be Holden Pence Weldon (FL) Cooper Larsen (WA) Sherman Hostettler Peterson (PA) Weldon (PA) true that the quicker the Members Crowley Larson (CT) Simmons Hulshof Petri Weller take their seats and calm down, the Cummings Leach Slaughter Hunter Pickering Whitfield Davis (AL) Lee Smith (WA) quicker we can vote and get to the air- Isakson Pitts Wicker Davis (CA) Levin Solis port? Issa Platts Wilson (SC) Davis (FL) Lewis (GA) Spratt Istook Pombo Wolf The SPEAKER pro tempore. That is Davis (IL) Lofgren Stark Janklow Pomeroy Wu not a proper parliamentary inquiry. DeGette Lowey Strickland Jefferson Porter Young (AK) Delahunt Lynch Tanner MOTION TO RECOMMIT OFFERED BY MS. LOFGREN DeLauro Majette Tauscher ANSWERED ‘‘PRESENT’’—1 Ms. LOFGREN. Mr. Speaker, I offer a Deutsch Maloney Thomas Dicks Markey Thompson (CA) Filner motion to recommit. Dingell Matheson Thompson (MS) NOT VOTING—28 The SPEAKER pro tempore. Is the Doggett Matsui Tierney gentlewoman opposed to the bill? Ackerman Gephardt Ortiz Dooley (CA) McCarthy (NY) Towns Ms. LOFGREN. I certainly am, Mr. Emanuel McCollum Udall (CO) Baca Hinojosa Payne Engel McDermott Udall (NM) Brown, Corrine Hoeffel Peterson (MN) Speaker. Eshoo McGovern Van Hollen Burton (IN) Hyde Ros-Lehtinen The SPEAKER pro tempore. The Etheridge Meehan Velazquez Carson (IN) Lipinski Sanchez, Loretta Clerk will report the motion to recom- Visclosky Combest McCarthy (MO) Evans Meek (FL) Smith (MI) mit. Farr Meeks (NY) Watson DeFazio McCrery Snyder Fattah Menendez Watt Diaz-Balart, L. Millender- Waters The Clerk read as follows: Ford McDonald Frank (MA) Miller (NC) Waxman Young (FL) Gallegly Miller, Gary Page 4, line 24, strike the close quotation Frost Miller, George Weiner mark and the period that follows. Gibbons Moore Wexler ANNOUNCEMENT BY THE CHAIRMAN PRO Gilchrest Moran (VA) Wilson (NM) Page 4, after line 24, insert the following: TEMPORE Gonzalez Nadler Woolsey ‘‘(e) EXEMPTION OF MEDICAL TREATMENT.— Gordon Napolitano Wynn The CHAIRMAN pro tempore (Mr. The prohibitions of this section do not apply NOES—231 GILCHREST) (during the vote). The to the shipping, receipt, or importation of Chair will remind Members that there any product derived from an embryo (includ- Aderholt Bishop (UT) Buyer ing pluripotent stem cells) designed for use Akin Blackburn Calvert are 2 minutes left to this vote. Alexander Blunt Camp in medical treatment for or to cure Parkin- Bachus Boehner Cannon son’s disease, Alzheimer’s disease, diabetes, Baker Bonilla Cantor b 1658 cancer, heart disease, spinal cord injury, Ballenger Bonner Capito Messrs. HILL, SOUDER, BOOZMAN, multiple sclerosis, severe burns, or other dis- Barrett (SC) Boozman Carson (OK) eases, disorders, or conditions, provided that Bartlett (MD) Brady (TX) Carter EVERETT and TURNER of Ohio changed their vote from ‘‘aye’’ to ‘‘no.’’ the product of such use is not utilized to ini- Barton (TX) Brown (SC) Chabot tiate a pregnancy and is not intended to be Beauprez Brown-Waite, Chocola Ms. WOOLSEY changed her vote utilized to initiate a pregnancy and is unable Bereuter Ginny Coble from ‘‘no’’ to ‘‘aye.’’ Berry Burgess Cole to develop into a full human being. Nothing Bilirakis Burns Collins So the amendment in the nature of a in this subsection shall exempt any product Bishop (GA) Burr Costello substitute was rejected. from any applicable regulatory approval.’’.

VerDate Dec 13 2002 18:55 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.069 H27PT1 February 27, 2003 CONGRESSIONAL RECORD — HOUSE H1437 The SPEAKER pro tempore. Pursu- Members think they have the right to clause 9 of rule XX, the Chair will re- ant to the rule, the gentlewoman from impose their religious beliefs on all duce to 5 minutes the minimum time California (Ms. LOFGREN) is recognized Americans. I am troubled that in re- for any electronic vote on the question for 5 minutes in support of her motion. turn, some of the most vulnerable of passage. Ms. LOFGREN. Mr. Speaker, I first members of society, like children suf- The vote was taken by electronic de- yield 1 minute to the gentlewoman fering from juvenile diabetes, would be vice, and there were—ayes 164, noes 237, from Wisconsin (Ms. BALDWIN), my col- forced potentially to give up their best not voting 33, as follows: league on the Committee on the Judi- hope for a cure. [Roll No. 38] ciary. This country is a democracy; it is not AYES—164 Ms. BALDWIN. Mr. Speaker, who a theocracy. I understand that some among us could tell a person suffering Members of this House have religious Abercrombie Gutierrez Olver Allen Harman Ose from cancer or Alzheimer’s disease, beliefs that are guiding them. My ad- Andrews Hastings (FL) Owens you cannot import the cure that would vice to them would be, if you object to Baird Hinchey Pallone save your life, and if you do, you will the cures that are developed using this Baldwin Holt Pascrell technology of therapeutic cloning, fine, Ballance Honda Pastor face a 10-year prison sentence? Who Becerra Hooley (OR) do not use the cure. But do not try and Pelosi could face their families and tell them Bell Houghton Price (NC) they could not have the cure because deny other Americans cures to deadly Berkley Hoyer Ramstad diseases because of your own religious Berman Inslee Rangel the stem cell treatment that would Israel Bishop (GA) Reyes have saved their loved ones’ lives was beliefs. That is simply an improper role Bishop (NY) Jackson (IL) Rodriguez for Congress to take. Blumenauer Jackson-Lee derived from therapeutic cloning? Ross Therapeutic cloning has nothing to Bono (TX) The wondrous promise held out by Rothman do with cloning a child. There is no fer- Boswell Jefferson the advances in embryonic stem cell Boucher Johnson (CT) Roybal-Allard research is that we will one day be able tilization with sperm, there is no im- Brady (PA) Johnson, E. B. Ruppersberger to diminish human suffering, heal, plantation into the uterus, there is no Brown (OH) Jones (OH) Rush Sabo treat and, yes, save lives. pregnancy, there is no child. Capps Kennedy (RI) Somatic cell nuclear transfer is a sci- Capuano Kilpatrick Sanchez, Linda If you support this bill, and a cure is Cardin Kind T. discovered outside the United States entific method where researchers cre- Cardoza Kleczka Sandlin for a devastating disease, would you ate new stem cells in a petri dish. To Case Kolbe Schakowsky deny life to our fellow Americans? listen to some of the debate today, one Castle Lampson Schiff would see that there would be a picture Clay Langevin Scott (GA) I urge my colleagues to vote for this Clyburn Lantos Scott (VA) motion to recommit and against H.R. painted that very tiny babies in test Conyers Larsen (WA) Serrano 534. tubes are being the subject of this re- Cooper Larson (CT) Shays Ms. LOFGREN. Mr. Speaker, this bill search. That is completely false. These Crowley Leach Sherman are eight cells on a petri dish that can Cummings Lee Simmons not only ties the hands of our medical Davis (CA) Levin give lifesaving cures to Americans and Slaughter researchers; it prevents Americans Davis (FL) Lewis (GA) Smith (WA) from utilizing cures developed in other others throughout the world who are Davis (IL) Lofgren Solis DeGette Lowey countries. There is no doubt that if suffering horrendous diseases. Spratt I think we ought to take the advice Delahunt Lynch Stark this bill becomes law, we will lose our DeLauro Majette Strickland of Senator HATCH and former First Deutsch Maloney most talented medical researchers. Tanner Dicks Markey Lady Nancy Reagan who wrote, ‘‘The Tauscher They will flock to other countries that Dingell Marshall embryonic stem cell research, under Thompson (CA) continue to allow therapeutic cloning; Doggett Matsui appropriate guidelines, may provide Dooley (CA) McCarthy (NY) Thompson (MS) and hopefully, one day, they will help Tierney to develop cures to some of the worst our scientists with many answers that Emanuel McCollum are now beyond our grasp. There are so Engel McDermott Towns diseases known to humankind. Udall (CO) many diseases that can be cured, or at Eshoo McGovern What happens when a British re- Etheridge Meehan Udall (NM) searcher develops a cure for Alz- least helped, that we can’t turn our Evans Meek (FL) Van Hollen Velazquez heimer’s or is able to regenerate insu- backs on this.’’ Farr Meeks (NY) Do not turn your backs on the mil- Fattah Menendez Visclosky lin-producing cells in children with ju- Watson lions of Americans who might be able Filner Miller (NC) venile diabetes or learns how to gen- Frank (MA) Miller, George Watt to benefit from cures made abroad. erate nervous system cells that can re- Gibbons Moore Waxman Mr. SENSENBRENNER. Mr. Speak- Gonzalez Moran (VA) Weiner store spinal cord function after paral- er, I rise in opposition to the motion to Gordon Nadler Wexler ysis? Sick Americans should have ac- recommit. Green (TX) Napolitano Woolsey cess to these cures. But H.R. 534 pre- Greenwood Neal (MA) Wu Mr. Speaker, this merely moves off- Grijalva Obey Wynn vents the importation of any products shore what this bill bans in the United derived from somatic cell nuclear States. What it will do is create a huge NOES—237 transfer. It would make it a crime for financial incentive for those people and Aderholt Burns DeMint a terminally-ill person to receive med- companies in foreign countries to take Akin Burr Diaz-Balart, M. ical care in America if the cure was de- Alexander Buyer Doolittle advantage of Americans. I do not think Bachus Calvert Doyle veloped using this science abroad. that we should be giving foreign com- Baker Camp Dreier That is both unnecessary and unfair. panies that kind of financial advan- Ballenger Cannon Duncan Barrett (SC) Cantor Dunn The motion to recommit is simple. It tage. If it is wrong to do here, we will ensure that cures developed in Bartlett (MD) Capito Edwards should prohibit the importation of Barton (TX) Carson (OK) Ehlers other countries are available to Ameri- these materials. Bass Carter Emerson cans suffering from Parkinson’s, Alz- The SPEAKER pro tempore. Without Beauprez Chabot English heimer’s, diabetes, cancer, heart dis- Bereuter Chocola Everett objection, the previous question is or- Berry Coble Feeney ease, spinal cord injury, MS, severe dered on the motion to recommit. Biggert Cole Ferguson burns, and other diseases. There was no objection. Bilirakis Collins Flake If cures to these debilitating diseases The SPEAKER pro tempore. The Bishop (UT) Costello Fletcher are found, Congress should not stand in Blackburn Cox Foley question is on the motion to recommit. Blunt Cramer Forbes the way or require its citizens to travel The question was taken; and the Boehlert Crane Fossella to other countries to benefit from Speaker pro tempore announced that Boehner Crenshaw Franks (AZ) them. the noes appeared to have it. Bonilla Cubin Frelinghuysen Bonner Culberson Garrett (NJ) There have been lots of argument RECORDED VOTE Boozman Cunningham Gerlach today about a slippery slope. There is Ms. LOFGREN. Mr. Speaker, I de- Bradley (NH) Davis (AL) Gilchrest no slippery slope in this motion. mand a recorded vote. Brady (TX) Davis (TN) Gillmor Mr. Speaker, I have been deeply trou- Brown (SC) Davis, Jo Ann Gingrey A recorded vote was ordered. Brown-Waite, Davis, Tom Goode bled by many of the arguments I have The SPEAKER pro tempore. This Ginny Deal (GA) Goodlatte heard today. I am troubled that some will be a 15-minute vote. Pursuant to Burgess DeLay Goss

VerDate Dec 13 2002 18:55 Feb 28, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.074 H27PT1 H1438 CONGRESSIONAL RECORD — HOUSE February 27, 2003 Granger Manzullo Royce The vote was taken by electronic de- Conyers Johnson, E. B. Pryce (OH) Graves Matheson Ryan (OH) vice, and there were—yeas 241, nays Cooper Jones (OH) Ramstad Green (WI) McCotter Ryan (WI) Crowley Kaptur Rangel Gutknecht McHugh Ryun (KS) 155, not voting 38, as follows: Cummings Kennedy (RI) Rodriguez Hall McIntyre Saxton [Roll No. 39] Davis (CA) Kilpatrick Rothman Harris McKeon Schrock Davis (FL) Kind Roybal-Allard Hart McNulty Sensenbrenner YEAS—241 Davis (IL) Kleczka Ruppersberger Hastings (WA) Mica DeGette Kolbe Sessions Aderholt Gingrey Osborne Rush Hayes Michaud Delahunt Lampson Shadegg Akin Goode Otter Sabo Hayworth Miller (FL) DeLauro Lantos Shaw Alexander Goodlatte Oxley Sanchez, Linda Hefley Miller (MI) Deutsch Larson (CT) Sherwood Bachus Gordon Pascrell T. Hensarling Mollohan Dicks Leach Shimkus Baker Goss Pearce Herger Moran (KS) Doggett Lee Sandlin Shuster Ballenger Granger Pence Hill Murphy Dooley (CA) Levin Schakowsky Simpson Barrett (SC) Graves Peterson (PA) Hobson Murtha Edwards Lewis (GA) Schiff Bartlett (MD) Green (WI) Petri Hoekstra Musgrave Skelton Emanuel Lofgren Scott (GA) Beauprez Gutknecht Pickering Holden Myrick Smith (NJ) Engel Lowey Scott (VA) Bereuter Hall Pitts Hostettler Nethercutt Smith (TX) Eshoo Majette Shays Berry Harris Hulshof Northup Souder Platts Etheridge Maloney Sherman Bilirakis Hart Hunter Norwood Stearns Pombo Evans Markey Simmons Bishop (GA) Hastings (WA) Isakson Nunes Stenholm Pomeroy Farr Matsui Bishop (UT) Hayes Slaughter Issa Nussle Stupak Porter Fattah McCollum Blackburn Hayworth Smith (WA) Istook Oberstar Sullivan Portman Filner McDermott Blunt Hefley Solis Janklow Osborne Sweeney Putnam Frank (MA) McGovern Boehner Hensarling Spratt Jenkins Otter Tancredo Quinn Gilchrest Meehan Bonilla Herger Stark John Oxley Radanovich Gonzalez Meek (FL) Tauzin Bonner Hill Strickland Johnson (IL) Paul Rahall Green (TX) Meeks (NY) Taylor (MS) Bono Hobson Tauscher Johnson, Sam Pearce Regula Greenwood Menendez Taylor (NC) Boozman Hoekstra Thompson (CA) Jones (NC) Pence Rehberg Grijalva Miller (NC) Terry Bradley (NH) Holden Thompson (MS) Kanjorski Peterson (PA) Renzi Gutierrez Miller, George Thomas Brady (TX) Hostettler Tierney Kaptur Petri Reyes Harman Moore Thornberry Brown (SC) Hulshof Towns Keller Pickering Reynolds Hastings (FL) Moran (VA) Tiahrt Brown-Waite, Hunter Udall (CO) Kelly Pitts Rogers (AL) Hinchey Nadler Tiberi Ginny Isakson Kennedy (MN) Platts Rogers (KY) Holt Napolitano Udall (NM) Toomey Burgess Issa Kildee Pombo Rogers (MI) Honda Neal (MA) Van Hollen Turner (OH) Burns Istook King (IA) Pomeroy Rohrabacher Hooley (OR) Obey Velazquez Turner (TX) Burr Janklow King (NY) Porter Ross Houghton Olver Visclosky Upton Buyer Jefferson Kingston Portman Royce Hoyer Ose Watson Vitter Calvert Jenkins Kirk Pryce (OH) Ryan (OH) Inslee Owens Watt Camp John Kline Putnam Walden (OR) Ryan (WI) Israel Pallone Waxman Cannon Johnson (IL) Knollenberg Quinn Walsh Ryun (KS) Jackson (IL) Pastor Weiner Cantor Johnson, Sam Kucinich Radanovich Wamp Sanders Jackson-Lee Paul Wexler Capito Jones (NC) LaHood Rahall Weldon (FL) Saxton (TX) Pelosi Woolsey Carson (OK) Kanjorski Latham Regula Weldon (PA) Schrock Johnson (CT) Price (NC) Carter Keller Wynn LaTourette Rehberg Weller Sensenbrenner Chabot Kelly Lewis (CA) Renzi Whitfield Sessions NOT VOTING—38 Chocola Kennedy (MN) Lewis (KY) Reynolds Wicker Shadegg Coble Kildee Ackerman Gephardt Ney Linder Rogers (AL) Wilson (NM) Shaw Cole King (IA) Baca Hinojosa Oberstar LoBiondo Rogers (KY) Wilson (SC) Collins King (NY) Sherwood Barton (TX) Hoeffel Ortiz Lucas (KY) Rogers (MI) Wolf Costello Kingston Shimkus Boyd Hyde Payne Lucas (OK) Rohrabacher Young (AK) Cox Kirk Shuster Brown, Corrine Lipinski Peterson (MN) Simpson NOT VOTING—33 Cramer Kline Burton (IN) McCarthy (MO) Ros-Lehtinen Crane Knollenberg Skelton Carson (IN) McCarthy (NY) Sanchez, Loretta Ackerman Gephardt Ortiz Crenshaw Kucinich Smith (NJ) Combest McCrery Serrano Baca Hinojosa Payne Cubin LaHood Smith (TX) DeFazio McInnis Smith (MI) Boyd Hoeffel Peterson (MN) Culberson Langevin Souder Diaz-Balart, L. McIntyre Snyder Brown, Corrine Hyde Ros-Lehtinen Cunningham Larsen (WA) Stearns Ford Millender- Vitter Burton (IN) Lipinski Sanchez, Loretta Davis (AL) Latham Stenholm Frost McDonald Waters Carson (IN) McCarthy (MO) Sanders Davis (TN) LaTourette Stupak Gallegly Miller, Gary Young (FL) Combest McCrery Smith (MI) Davis, Jo Ann Lewis (CA) Sullivan The SPEAKER (during the vote). DeFazio McInnis Snyder Davis, Tom Lewis (KY) Sweeney Diaz-Balart, L. Millender- Waters Deal (GA) Linder Tancredo There are 2 minutes remaining in this Ford McDonald Young (FL) DeLay LoBiondo Tanner vote. Frost Miller, Gary DeMint Lucas (KY) Tauzin Gallegly Ney Diaz-Balart, M. Lucas (OK) Taylor (MS) b 1732 ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Dingell Lynch Taylor (NC) So the bill was passed. Terry The SPEAKER pro tempore (Mr. Doolittle Manzullo Doyle Marshall Thomas The result of the vote was announced SIMPSON) (during the vote). Members Dreier Matheson Thornberry as above recorded. are advised that 2 minutes remain in Duncan McCotter Tiahrt A motion to reconsider was laid on this vote. Dunn McHugh Tiberi the table. Ehlers McKeon Toomey b 1725 Emerson McNulty Turner (OH) Stated for: English Mica Turner (TX) Mr. VITTER. Mr. Speaker, I was inadvert- Mr. GILCHREST changed his vote Everett Michaud Upton ently absent for rollcall vote 39. Were I from ‘‘aye’’ to ‘‘no.’’ Feeney Miller (FL) Walden (OR) present, I would have voted ‘‘aye’’ in support So the motion to recommit was re- Ferguson Miller (MI) Walsh of H.R. 534, the Human Cloning Prohibition jected. Flake Mollohan Wamp The result of the vote was announced Fletcher Moran (KS) Weldon (FL) Act. Foley Murphy Weldon (PA) Stated against: as above recorded. Forbes Murtha Weller Ms. MCCARTHY of Missouri. Mr. Speaker, Stated for: Fossella Musgrave Whitfield Ms. MCCARTHY of Missouri. Mr. Speaker, Franks (AZ) Myrick Wicker during rollcall vote No. 39, I was unavoidably during rollcall vote No. 38, I was unavoidably Frelinghuysen Nethercutt Wilson (NM) detained. Had I been present, I would have Garrett (NJ) Northup Wilson (SC) voted ‘‘no.’’ detained. Had I been present, I would have Gerlach Norwood Wolf voted ‘‘aye.’’ Gibbons Nunes Wu f The SPEAKER pro tempore. The Gillmor Nussle Young (AK) PERSONAL EXPLANATION question is on the passage of the bill. NAYS—155 The question was taken; and the Ms. LORETTA SANCHEZ of California. Mr. Abercrombie Berkley Brown (OH) Speaker, on Thursday, February 27, I was un- Speaker pro tempore announced that Allen Berman Capps the ayes appeared to have it. Andrews Biggert Capuano avoidably detained due to a prior obligation in Mr. SENSENBRENNER. Mr. Speak- Baird Bishop (NY) Cardin my district. I request that the CONGRESSIONAL er, on that I demand the yeas and nays. Baldwin Blumenauer Cardoza RECORD reflect that had I been present and Ballance Boehlert Case voting, I would have voted ‘‘yes’’ on rollcall The yeas and nays were ordered. Bass Boswell Castle The SPEAKER pro tempore. This is a Becerra Boucher Clay No. 37, on ‘‘yes’’ rollcall No. 38, and on ‘‘no’’ 5-minute vote. Bell Brady (PA) Clyburn rollcall No. 39.

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