June 22, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1159 OPPOSITION TO GENE PATENTING mines hereditary risk factors around breast present, I would have voted for amendments and ovarian cancer—charges between $3,000 to the FY 2012 Agriculture, Rural Develop- HON. LOUISE McINTOSH SLAUGHTER and $4,000 for a single test. Other laboratories ment, and Food and Drug Administration Ap- OF NEW YORK have offered to perform the test for several propriations Act that encourage local and re- IN THE HOUSE OF REPRESENTATIVES hundred dollars, but are not able to do so be- gional food systems and fund programs that cause of the patent on those particular genetic support the work of minority and socially dis- Wednesday, June 22, 2011 sequences. And the information provided by advantaged farmers. I also would have sup- Ms. SLAUGHTER. Mr. Speaker, I rise today this test is critical for medical decision-making: ported amendments that protect taxpayer in opposition to gene patenting. The sequenc- Up to 85 percent of those individuals who pos- funds by implementing modest restrictions on ing of the human genome was the most mo- sess these genetic sequences will be diag- excessive farm subsidy payments. mentous medical achievement in this century, nosed with breast cancer at some point in I would have voted against amendments with unparalleled implications for patients and their life. By granting a monopoly, we risk that seek to delay the Commodity Futures our economy. And we cannot squander that placing these genetic tests out of reach for pa- Trading Commission’s efforts to enforce com- success by patenting genes. tients. monsense rules on risky derivative swaps and The Human Genome Project has helped our Furthermore, gene patents stop innovation other financial transactions, prevent the De- economy to grow by $796 billion. Today, in their tracks. They prevent anyone outside of partment of Agriculture from implementing 310,000 American jobs are linked to the se- the patent holder from studying the gene se- their climate change adaption policy, or pro- quencing of the Human Genome. Further- quence under patent. As Dr. Stieglitz of Co- pose deeper cuts to the FDA that would more, personalized medicine has transformed lumbia, a Nobel Prize winning economist, hinder the agency’s ability to protect our na- the way doctors care for patients. According to wrote, ‘‘Our genetic makeup is far too com- tion’s food supply from food-borne illnesses. the American Medical Association, more than plicated for a single entity to hold the keys to Finally, I would have opposed passage of 1,200 genetic tests can be used today to help any given gene and to be able to choose the overall FY 2012 Agriculture, Rural Devel- diagnose and treat over 1,000 different dis- when, if ever, to share.’’ We threaten scientific opment, and Food and Drug Administration eases. Personalized medicine helps to provide advancement, if we do not allow scientists to Appropriations Act because of the bill’s drastic safer, more cost-effective medicine. untangle the manifold implications of specific and indefensible cuts to the Women, Infants, Yet, to fully realize the potential of personal- gene sequences. We can not reap the full and Children, WIC, program, which provides ized medicine, we must ensure that our laws benefits of personalized medicine if research- vital aid for our nation’s most vulnerable preg- and policies keep pace with our science. ers must go to hundreds of different patent nant women, infants and children. In the last Today as we consider the patent bill, I would holders to analyze one patient’s genome. year, WIC provided nutritious food, counseling like to clarify the intersection between genes The battle to keep policy and science on healthy eating, and health care referrals to and patents. marching hand in hand has been a long one, thousands of women and children in my state. Many of us carry within us genes that pre- and I worked for dozens of years to ensure Additionally, the underlying bill undermines dispose us to illnesses or influence the effec- that the nation’s laws support genetics policy. commonsense financial rules, choosing to pro- tiveness of medications. These genes are nat- In 1995, I introduced legislation, entitled the tect Wall Street speculators that are driving up ural products—not inventions. And as natural Genetic Information Nondiscrimination Act gas prices over the American taxpayer. Like- products, they should not be patented. It’s this (GINA), in order to prevent genetic discrimina- wise, I cannot support the deep cuts in FDA simple: just as a kidney cannot be patented, tion. For personalized medicine to flourish, pa- funding included in the bill that will severely genetic sequences should not be patented. tients needed to be able to get genetic tests undermine food safety efforts and increase the Unfortunately, 20 percent of our genes have without the fear that it would endanger their risk of food-borne illnesses. already been claimed as intellectual property. employment or their health insurance. Thirteen For several decades, the U.S. government years after I first introduced GINA, it was f issued patents on genes. Thankfully the De- passed into law. GINA is one of the nation’s partment of Justice recognized this clear over- RECOGNIZING PRINCIPAL RICHARD great civil rights laws, which has helped open JONES’ DECADES OF SERVICE TO reach on the part of the United States Patent the door to personalized medicine. and Trademark Office—and moved to correct OUR COMMUNITY AS A LEADER By passing GINA in 2008, the U.S. Con- IN EDUCATION this mistake. gress showed itself to be at the forefront of On October 29, 2010, the United States De- genetics policy. I expect no less of our govern- partment of Justice filed an amicus brief in ment when it comes to gene patenting. Today, HON. GARY C. PETERS which they explained: ‘‘the unique chain of the Patent Office has the opportunity to insti- OF MICHIGAN chemical base pairs that induces a human cell tute evidence-based policy and end the pat- IN THE HOUSE OF REPRESENTATIVES to express a BRCA protein is not a ‘human- enting of genes, and it must do so. Wednesday, June 22, 2011 made invention.’ Nor is the fact that particular natural mutations in that unique chain increase f Mr. PETERS. Mr. Speaker I rise today to a woman’s chance of contracting breast or AGRICULTURE, RURAL DEVELOP- recognize Mr. Richard Jones, the distin- ovarian cancer. Indeed, the relationship be- MENT, FOOD AND DRUG ADMIN- guished principal of North Farmington High tween a naturally occurring nucleotide se- ISTRATION, AND RELATED School, on the occasion of his retirement after quence and the molecule it expresses in a AGENCIES APPROPRIATIONS nearly 25 years of service to the families and human cell—that is, the relationship between ACT, 2012 students of Farmington Hills, Michigan through genotype and phenotype—is simply a law of his work as an educator, administrator and nature. The chemical structure of native SPEECH OF community leader. human genes is a product of nature, and it is Mr. Richard Jones started his career in edu- no less a product of nature when that struc- HON. NIKI TSONGAS cation nearly four decades ago and has been ture is ‘isolated’ from its natural environment OF MASSACHUSETTS part of the Farmington Hills school district fam- than are cotton fibers that have been sepa- IN THE HOUSE OF REPRESENTATIVES ily for the last quarter of a century. He thrived rated from cotton seeds or coal that has been Tuesday, June 14, 2011 as an English teacher and also a football and extracted from the earth.’’ tennis coach, creating a comfortable learning The House in Committee of the Whole The United States Department of Justice House on the State of the Union had under environment where students were able to suc- has come to the inevitable conclusion that consideration the bill (H.R. 2112) making ap- ceed and flourish. After many years in the genes are natural products, and not fit for pat- propriations for Agriculture, Rural Develop- classroom and on the field, he was made prin- enting. And last year, a federal court in New ment, Food and Drug Administration, and cipal of the high school in 1998. York came to the same conclusion. Related Agencies programs for the fiscal As principal, Mr. Jones treated every stu- Not only is the issuance of patents on year ending September 30, 2012, and for other dent, parent and teacher with dignity and re- genes wrong, contrary to common sense, and purposes: spect. He is someone the students trusted and in violation of Congressional intent, but it also Ms. TSONGAS. Madam Chair, I missed the teachers looked to for advice. His main damages human health. Gene patents have votes on the day of June 16, 2011, because goal was always to have a school unified by cut off access to important tests. For example, I traveled back to my district to attend the fu- a message of tolerance and acceptance. Dur- the company that owns sole rights to the neral service for a Marine killed in combat, ing his time as principal he implemented many BRCA1 and BRCA2 sequences—which deter- Corporal William Woitowicz. Had I been innovative school-wide programs on issues VerDate Mar 15 2010 06:18 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A22JN8.017 E22JNPT1 jbell on DSKDVH8Z91PROD with REMARKS E1160 CONGRESSIONAL RECORD — Extensions of Remarks June 22, 2011 ranging from civil rights to energy conserva- Real Men Charities, Inc. for the 22nd consecu- accepted after a 203 year ratification period.