[Congressional Record Volume 144, Number 8 (Monday, February 9, 1998)]
[Senate]
[Pages S513-S514]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     HUMAN CLONING PROHIBITION ACT

  Mr. KENNEDY. Mr. President, tomorrow the Senate will cast one of the 
most important votes of this Congress, and perhaps of this decade. That 
vote will determine whether one of the most promising avenues of 
research against a host of dread diseases will continue, or whether the 
Congress will act to ban it--and condemn millions of Americans to 
unnecessary death and disability in the process.
  The vote that will occur is on a cloture motion to take up S. 1601. 
The authors of S. 1601 say that it is a bill to ban the production of 
human beings by cloning--an attempt to stop Dr. Seed and other 
unscrupulous scientists in their tracks.
  But that claim cannot pass the truth in advertising test. S. 1601 
isn't a bill to ban a brave new world of mass production of cloned 
human beings. It is not legislation to stop wealthy individuals from 
reproducing themselves at will in an unscrupulous and unethical attempt 
to achieve a kind of immortality. Instead, this legislation bans the 
actual technology used in human cloning research--the technology that 
could be used to create cures for cancer, diabetes, spinal cord 
injuries, arthritis-damaged joints, birth defects, and a host of 
terrible neurological diseases like Alzheimer's disease, Parkinson's 
disease, Lou Gehrig's Disease, and multiple sclerosis.
  Every scientist in America understands the threat this legislation 
poses to critical medical research. Every American should understand 
it, too. A vote against cloture is a vote for medical research. It is a 
vote for millions of Americans suffering from dread diseases for whom 
the technology of cloning offers hope of new and miraculous cures. But 
it is certainly not a vote in favor of cloning human beings. Congress 
can and should act to ban cloning of human beings during this session. 
But it should not act in haste, and it should not pass legislation that 
goes far beyond what the American people want or what the scientific 
and medical community understands is necessary and appropriate.
  Senator Feinstein and I understand the importance of a ban on 
creating human beings by cloning. This is an ethical judgment I believe 
our society is ready to make. We have introduced legislation of our own 
that will accomplish this goal. We hope that it can be reviewed through 
the normal committee process of hearings and mark-up. I have no doubt 
that responsible legislation to ban the production of human beings by 
cloning can come through committee and mark-up and be passed into law 
during this session of Congress. But S. 1601 is not that responsible 
ban on cloning. It is an attempt to capitalize on public concern to 
rush through a sweeping and inappropriate ban on critical medical 
research.
  I have just received the Administration's statement of position on S. 
1601. The President has taken the lead in directing a prompt response 
to the ethical and moral dilemmas created by human cloning. He called 
for a ban on creation of a human being by cloning in the State of the 
Union message. If S. 1601 were simply a ban on creation of a human 
being by cloning, it would receive his wholehearted support. But that 
is not what S. 1601 does, and that is why the Administration says in 
its letter, ``On June 9, 1997, the President transmitted to Congress 
legislation making it illegal for anyone to create a human being 
through cloning. The President believes that using somatic cell nuclear 
transfer cloning techniques to create a human being is untested, 
unsafe, and morally unacceptable. The Administration, however, believes 
S. 1601, as introduced, is too far-reaching because it would prohibit 
important biomedical research aimed at preventing and treating serious 
and life-threatening diseases. Therefore, the Administration does not 
support passage of the bill in its current form.''

  I ask unanimous consent that the entire text of the Administration 
statement of position be printed in the Record.
  There being no objection, the statement was ordered to be printed in 
the Record, as follows:

         Executive Office of the President, Office of Management 
           and Budget,
                                 Washington, DC, February 9, 1998.

                   Statement of Administration Policy

    (This statement has been coordinated by OMB with the concerned 
                               agencies)


                 s. 1601--human cloning prohibition act

       On June 9, 1997, the President transmitted to Congress 
     legislation making it illegal for anyone to create a human 
     being through cloning. The President believes that using 
     somatic cell nuclear transfer cloning techniques to create a 
     human being is untested, unsafe, and morally unacceptable. 
     The Administration, however, believes S. 1601, as introduced, 
     is too far-reaching because it would prohibit important 
     biomedical research aimed at preventing and treating serious 
     and life-threatening diseases. Therefore, the Administration 
     would not support passage of the bill in its current form. 
     The Administration looks forward to working with the Congress 
     to address these concerns. Specifically, the Administration 
     supports amendments to S. 1601 that would:
       Include a five-year sunset on the prohibition on human 
     somatic cell nuclear transfer technology. The sunset 
     provision would ensure a continuing examination of the risks 
     and benefits of this, while being free from the concern that 
     someone will use it prematurely.
       Permit somatic cell nuclear transfer using human cells for 
     the purpose of developing stem cell (unspecialized cells 
     capable of giving rise to specific cells and tissue) 
     technology to prevent and treat serious and life-threatening 
     diseases and other medical conditions, including the 
     treatment of cancer, diabetes, genetic diseases, and spinal 
     cord injuries and for basic research that could lead to such 
     treatments.
       Strike the bill's criminal penalties and instead make any 
     property, real or personal, derived from or used to commit 
     violations of the Act subject to forfeiture to the United 
     States.
       Strike the bill's provisions establishing a new Commission 
     to Promote a National Dialogue on Bioethics. The new 
     Commission would needlessly duplicate the mission of the 
     President's National Bioethics Advisory Commission.
       The President's proposal, which in many ways is reflected 
     in S. 1602 sponsored by Senators Feinstein and Kennedy, would 
     prohibit any attempt to create a human being using somatic 
     cell nuclear transfer, provide for further review of the 
     ethical and scientific issues associated with the use of 
     somatic cell nuclear transfer, and protect important 
     biomedical research.

  Mr. KENNEDY. Mr. President, as the scientific and medical community 
learns more about this legislation, almost universal opposition is 
developing. The American Association of Medical Colleges has circulated 
a letter to other scientific and medical organizations asking that this 
legislation not go forward.
  The letter states,

       The current opportunities in biomedical research are 
     unparalleled in our nation's history. To ensure that these 
     continue, the scientific and organized medicine communities 
     urge you to oppose legislation that would prohibit the use of 
     somatic cell nuclear transfer due to the grave implications 
     it may have for future advances in biomedical research in 
     human healing.

  They go on to compare S. 1601's attempts to ban not just cloning of 
human beings but use of the technique itself to the ill-considered 
attempts to ban recombinant DNA techniques in the '70's.
  They state,

       Like the recombinant DNA debate, the scientific techniques 
     involved in cloning research hold great promise for our 
     ability to treat and manage myriad diseases and disorders--
     from cancer and heart disease, to Parkinson's and 
     Alzheimer's, to infertility and HIV/AIDS.

  As of this morning, the letter had been signed by 71 distinguished 
organizations, from the American Academy of Allergy, Asthma, and 
Immunology, to the Association of American Cancer Institutes to the 
Parkinson's Action Network--and the list continues to grow.
  A letter from Dr. Gerald R. Fink, the Director of the Whitehead 
Institute of the American Cancer Society--one of the pre-eminent cancer 
research institutes in the country--explains very clearly what is at 
stake. Dr. Fink says, ``I am very concerned about efforts to bring the 
Bond bill to an immediate vote. While I agree that there should be a 
national ban on human cloning, it is essential that any such law 
protects areas of critical research that can benefit human health. The 
Bond bill's generic ban on the use of `human somatic cell transfer 
technology,' would in fact be quite damaging to medical research 
progress in the United States.
  ``The Bond bill would seriously limit our ability to develop new 
cell-based strategies to fight cancer, diabetes, and

[[Page S514]]

Alzheimer's disease. It would also prevent vital research on the repair 
of spinal cord injuries and severe burns.
  ``I urge you to convey to your colleagues that the Bond bill would 
cause us to lose ground in the battle against deadly and disabling 
human diseases.''
  Is this really what the Senate or the American people want, Mr. 
President? To lose ground in the battle against deadly and disabling 
human diseases? I don't believe so.
  More than 120 scientific and medical organizations have expressed 
opposition to the Lott-Bond bill or concerns about prohibition on 
legitimate cloning research as the result of ill-conceived or over-
broad legislation.
  So you have this immense array of scientific and medical societies 
and patient groups opposing S. 1601 and urging us to use caution and 
not to rush ahead without adequate consideration. Our friends who are 
supporting this bill say that it won't impede necessary research. If 
this true, where is their support from people who know.
  I ask them to cite even a handful of mainstream scientific or medical 
organizations supporting rushing their legislation through without 
committee hearings, adequate definitions, or even a semblance of 
careful consideration. They can't do it. They can't do it, because the 
scientific and medical and patients' communities know that what they 
are doing is wrong.
  As objectionable as the substance of this bill is the procedure by 
which it is being considered. To grant cloture to this bill tomorrow 
would be a travesty of the Senate's role as a deliberative body.
  This is one of the most important scientific and ethical issues of 
the 21st century.
  It was introduced on Tuesday of last week.
  It was put on the calendar on Wednesday.
  The Majority Leader tried to bring it to the floor on Thursday and 
filed an immediate cloture petition when he was unsuccessful.
  The Senate was not in session Friday--and few of our colleagues are 
present today.
  This legislation has not received one day of committee hearings.
  It has not received one minute of committee discussion and markup.
  The telephones in my office are ringing off the hook from scientists 
and physicians and patients from all over the country who are deeply 
concerned about the impact of this legislation. But they have had no 
opportunity to have their voices heard.
  Mr. President, this is an important issue. It warrants Senate 
consideration. But it does not warrant consideration under this 
accelerated and indefensible procedure.
  The authors of this legislation know that it cannot stand up to 
public scrutiny. That is the reason for their extraordinary attempt to 
rush this legislation through.
  The Lott-Bond bill does not just ban cloning of human beings, it bans 
vital medical research related to cloning--research which has the 
potential to find new cures for cancer, diabetes, birth defects and 
genetic diseases of all kinds, blindness, Parkinson's disease, 
Alzheimer's disease, paralysis due to spinal cord injury, arthritis, 
liver disease, life-threatening burns, and many other illnesses and 
injuries.
  Here is what the bill says--Page 2, line 13, paragraph 301 is 
entitled, ``Prohibition on cloning.'' It is the heart of the bill. It 
states, ``It shall be unlawful for any person or entity, public or 
private, in or affecting interstate commerce, to use human somatic cell 
nuclear transfer technology.'' That is the end of the statement.
  It does not just ban the technology for use in human cloning. It bans 
it for any purpose at all.
  That means scientists can't use the technology to try to grow cells 
to aid men and women dying of leukemia. They can't use it to grow new 
eye tissue to help those going blind from certain types of cell 
degeneration. They can't use it to grow new pancreas cells to cure 
diabetes. They can't use it to regenerate brain tissue to help those 
with Parkinson's disease or Alzheimer's disease. They can't use it to 
regrow spinal cord tissue to cure those who have been paralyzed in 
accidents or by war wounds.
  Congress should ban the production of human beings by cloning. But we 
should not slam on the brakes and stop scientific research that has so 
much potential to bring help and hope to millions of citizens. As J. 
Benjamin Younger, Executive Director of the American Society for 
Reproductive Medicine, has said:

       We must work together to ensure that in our effort to make 
     human cloning illegal, we do not sentence millions of people 
     to needless suffering because research and progress into 
     their illness cannot proceed.

  Let us work together. Let us stop this know-nothing and unnecessarily 
destructive bill. Let us vote against cloture tomorrow and send this 
bill to Committee where it can receive the careful consideration it 
deserves. Together, we can develop legislation that will ban the 
cloning of human beings, without banning needed medical research that 
can bring the blessings of good health to so many millions of our 
fellow citizens.

                          ____________________