[Congressional Record Volume 147, Number 165 (Monday, December 3, 2001)]
[Senate]
[Page S12314]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself, Mr. Kennedy, Mrs. Boxer, Mr. 
        Miller, Mr. Corzine, Mr. Durbin, and Mrs. Clinton):
  S. 1758. A bill to prohibit human cloning while preserving important 
areas of medical research, including stem cell research; to the 
Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, today Senators Kennedy, Boxer, Miller, 
Corzine, Durbin, Clinton, and I are introducing legislation to make the 
cloning of a human being a crime. Unlike other bills, our bill would 
not criminalize cloning that could provide treatments for diseases, 
known as therapeutic cloning.
  On November 25, scientists at Advanced Cell Technology, a 
Massachusetts biotechnology firm, announced that they had created the 
first human embryos ever produced by cloning. I believe that this 
announcement raises serious concerns and we are proposing a bill to 
address this development.
  The bill we introduce today would: 1. permanently ban human 
reproductive cloning, the cloning of a human being; and 2. allow 
therapeutic cloning, that is, allow the use of somatic cell nuclear 
transfer or other cloning technologies to create stem cells for 
treating diseases.
  I support a ban on the cloning of human beings because I believe it 
is scientifically unsafe, morally unacceptable, and ethically flawed.
  Our bill would allow cloning for therapeutic or treatment purposes. 
It would not allow cloning for reproductive purposes, for creating a 
human being. Specifically, it prohibits the implantation of the product 
of nuclear transplantation into a uterus. Nuclear transplantation is 
also known as somatic cell nuclear transfer.
  There is broad agreement in the public, in the Congress, in the 
scientific community, in the medical community, and in the religious 
community that the cloning of a human being should be prohibited. This 
bill does just that.
  The view that we should not clone human beings is held by many groups 
and authorities, including the National Bioethics Advisory Commission, 
NBAC, which concluded that it is unacceptable for anyone in the public 
or private sector to create a child using somatic cell nuclear transfer 
technology. The Commission said,

       At this time, it is morally unacceptable for anyone in the 
     public or private sector, whether in a research or clinical 
     setting, to attempt to create a child using somatic cell 
     nuclear transfer cloning.

  The difference between our bill and several others including H.R. 
2505, the bill passed by the House of Representatives is whether the 
bills protect valuable medical research that some day could provide 
cures for many dreaded diseases, diseases like cancer, diabetes, cystic 
fibrosis, and heart disease; and conditions like spinal cord injury, 
liver damage, arthritis, and burns. This research may some day develop 
replacement cells and tissues to restore bodily function and treat 
diseases. Therapeutic cloning is particularly promising because the 
rejection of implanted tissues is less likely since the tissues would 
exactly match those of the person who donated the somatic cell nucleus.
  To criminally prohibit this kind of research would be a big setback 
for science. Here's what some of the experts say about the promise of 
therapeutic cloning: The Association of American Medical Colleges:

       Therapeutic cloning technology could provide an invaluable 
     approach to studying how cells become specialized, which in 
     turn could provide new understanding of the mechanisms that 
     lead to the development of the abnormal cells responsible for 
     cancers and certain birth defects. Improved understanding of 
     cell specialization may also provide answers to how cells age 
     or are regulated--leading to new insights into the treatment 
     of cure of Alzheimer's and Parkinson's diseases, or other 
     incapacitating degenerative diseases of the brain and spinal 
     cord. The technology might also help us understand how to 
     activate certain genes to permit the creation of customized 
     cells for transplantation or grafting. Such cells would be 
     genetically identical to the cells of the donor and could 
     therefore be transplanted into that donor without fear of 
     immune rejection, the major biological barrier to organ and 
     tissue transplantation at this time.

  The Society for Women's Health Research wrote me on November 28:

       Barring all therapeutic cloning would more likely drive 
     research underground and guarantee that only the most 
     unscrupulous would advance these technologies.

  The National Health Council said:

       Making reproductive human cloning unlawful must be done in 
     a way that does not deprive those suffering from debilitating 
     chronic diseases, potential relief and possible cures.

  The Alliance for Aging Research wrote on November 28,

       Scientists who utilized therapeutic cloning techniques in 
     the conduct of important scientific research would be labeled 
     as criminals. The consequence would be that important 
     research, research intended to save lives and reduce 
     suffering of tens of millions Americans, would be stopped in 
     its tracks.

  The American College of Obstetricians and Gynecologists wrote on 
November 1, 2001:

       Therapeutic cloning may hold the key for repairing or 
     creating new tissues or organs that could alleviate myriad 
     medical conditions: diabetes, heart disease, spinal cord 
     injury and Parkinson's, to name just a few. This technology 
     is key to the ability to create ``customized tissues'' using 
     a patient's own DNA to avoid rejection problems, and at this 
     time, appears promising.

  Other bills would make it a crime to clone cells that are used for 
therapeutic purposes that some day will save lives and suffering. I 
cannot support that approach, to criminalize legitimate medical 
research that could some day treat diseases and save human lives. That 
would be very short-sighted.
  In summary, I believe that the cloning of human beings is wrong and 
should be outlawed. I believe that therapeutic cloning holds great 
medical promise and should not be prohibited. This bill will make it a 
crime to create human beings, but protect important scientific research 
that can save human lives and relieve human suffering.
  I urge my colleagues to support this bill.
  Mr. President, I ask unanimous consent that a summary of the bill be 
printed in the Record.
  There being no objection, the summary was ordered printed in the 
Record.

          Summary of the Human Cloning Prohibition Act of 2001

       Findings: Cites findings by the National Bioethics Advisory 
     Commission and other respected bodies, which have recommended 
     that Congress enact legislation prohibiting anyone from 
     conducting or attempting human cloning but not unduly 
     interfering with important areas of research, such as somatic 
     cell nuclear transfer or nuclear transplantation.
       Prohibitions: Makes it unlawful for any person: To conduct 
     or attempt to conduct human cloning; to ship the product of 
     nuclear transplantation in interstate or foreign commerce for 
     the purpose of human cloning; or to use federal funds for 
     these activities.
       Definitions: ``Human cloning'' is asexual reproduction by 
     implanting or attempting to implant the product of nuclear 
     transplantation into a uterus.
       ``Nuclear transplantation'' is transferring the nucleus of 
     a human somatic (body) cell into an oocyte (egg) from which 
     the nucleus or all chromosomes have been or will be removed 
     or rendered inert.
       Penalties: Makes violators liable for a criminal fine and/
     or up to 10 years in prison as well as a civil penalty of 
     $1,000,000 or three times the gross profits resulting from 
     the violation, whichever is greater.
       Protection of Medical Research: Clarifies that the bill 
     does not restrict therapeutic cloning, stem cell research or 
     other forms of biomedical research such as gene therapy.
       Ethics Requirements: Applies to nuclear transplantation 
     research the ethics requirements currently used by the 
     National Institutes of Health. These include informed 
     consent, an ethics board review, and protections for the 
     safety and privacy of research participants. Imposes a 
     $250,000 civil penalty for violation of the ethics 
     requirements.

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