[House Report 105-239]
[From the U.S. Government Publishing Office]



105th Congress                                            Rept. 105-239
                        HOUSE OF REPRESENTATIVES

 1st Session                                                     Part 1
_______________________________________________________________________


 
                 HUMAN CLONING RESEARCH PROHIBITION ACT

                                _______
                                

                 August 1, 1997.--Ordered to be printed

_______________________________________________________________________


    Mr. Sensenbrenner, from the Committee on Science, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 922]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Science, to whom was referred the bill 
(H.R. 922) to prohibit the expenditure of Federal funds to 
conduct or support research on the cloning of humans, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
   I. Purpose of the Bill.............................................2
  II.  Background and Need for the Legislation........................2
 III.  Summary of Hearings............................................3
  IV.  Committee Actions..............................................8
   V.  Summary of Major Provisions of the Bill........................8
  VI.  Section-By-Section Analysis (By Title and Section).............9
 VII.  Committee Views................................................9
VIII.  Cost Estimate.................................................10
  IX.  Congressional Budget Office Cost Estimate.....................10
   X.  Compliance with Public Law 104-4 (Unfunded Mandates)..........13
  XI.  Committee Oversight Findings and Recommendations..............13
 XII.  Oversight Findings and Recommendations by the Committee on 
      Government Reform and Oversight................................13
XIII.  Constitutional Authority Statement............................13
 XIV.  Federal Advisory Committee Statement..........................13
  XV.  Congressional Accountability Act..............................13
 XVI.  Committee Recommendations.....................................13
XVII.  Proceedings of Full Committee Markup..........................14

    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Human Cloning Research Prohibition 
Act''.

SEC. 2. PROHIBITION AGAINST EXPENDITURE OF FEDERAL FUNDS FOR RESEARCH 
                    ON CLONING HUMANS.

    (a) Prohibition.--None of the funds made available in any Federal 
law may be obligated or expended to conduct or support any project of 
research that includes the use of human somatic cell nuclear transfer 
technology to produce an embryo.
    (b) Definitions.--For purposes of this section--
          (1) the term ``human somatic cell nuclear transfer'' means 
        transferring the nucleus of a human somatic cell into an oocyte 
        from which the nucleus has been removed or rendered inert; and
          (2) the term ``somatic cell'' means a cell of an embryo, 
        fetus, child, or adult which is not and will not become a sperm 
        or egg cell.

SEC. 3. REVIEW.

    The Director of the National Science Foundation shall enter into an 
agreement with the National Research Council for a review of the 
implementation of this Act. Not later than 5 years after the date of 
the enactment of this Act, the Director shall transmit to the Congress 
a report containing the results of that review, including the 
conclusions of the National Research Council on--
          (1) the impact that the implementation of this Act has had on 
        research; and
          (2) recommendations for any appropriate changes to this Act.

SEC. 4. PROTECTED SCIENTIFIC RESEARCH.

    Nothing in this Act shall restrict other areas of scientific 
research not specifically prohibited by this Act, including important 
and promising work that involves--
          (1) the use of somatic cell nuclear transfer or other cloning 
        technologies to clone molecules, DNA, cells other than human 
        embryo cells, or tissues; or
          (2) the use of somatic cell nuclear transfer techniques to 
        create animals other than humans.

                         I. Purpose of the Bill

    The purpose of the bill is to prohibit the expenditure of 
Federal funds to conduct or support research which includes the 
cloning of humans.

              II. Background and Need for the Legislation

    On February 23, 1997, The Observer broke the international 
news that embryologist Dr. Ian Wilmut and his colleagues from 
Edinburgh, Scotland's Roslin Institute, were about to announce 
the successful cloning of an adult sheep by using a new cloning 
technique which had never before been fully successful in 
mammals. This announcement of the creation of ``Dolly'' 
represented a remarkable scientific breakthrough.
    While these advances in cloning technology offer great 
potential in areas such as medical research and agriculture, 
the sheep cloning raised the prospect of a similar procedure 
for humans. Although major hurdles still exist before human 
cloning can become a reality, this theoretical ability to clone 
humans has raised strong objections and profound moral, 
ethical, religious, and psychological concerns throughout the 
world.
    In February 1997, following the announcement of Dolly's 
cloning, the President issued an executive order to all Federal 
agencies that ``no [F]ederal funds shall be allocated for 
cloning of human beings.'' Additionally, among other 
recommendations, the National Bioethics Advisory Commission's 
June, 1997 report, ``Cloning Human Beings,'' endorsed the 
continuation of the current moratorium on the use of Federal 
funding in support of any attempt to use somatic cell nuclear 
transfer to produce a product with the intent of introducing 
the product into a woman's womb.
    There is also an annual statutory prohibition of Federal 
funding for research which creates or destroys human embryos by 
agencies funded through the Labor, Health and Human Services, 
and Education Appropriations bill. This ban must be enacted 
annually. Currently, there is no permanent statutory 
prohibition on the use of Federal research funds to produce 
human embryos through the use of somatic cell nuclear transfer.
    Internationally, the European Union and several countries, 
including Germany, Denmark, Australia, Spain, and the United 
Kingdom, already have laws or are preparing laws to forbid 
human cloning. France, Argentina, China, and Japan have also 
indicated an intention to deter efforts to clone humans, as 
well as the Council of Europe and the World Health 
Organization. At the June 1997, G7 Summit of Economic Countries 
in Denver, Colorado, the heads of state for the United States, 
Japan, Germany, England, France, Italy, and Canada, all 
endorsed a worldwide ban on human cloning.
     In order to address the lack of a permanent statutory ban 
on the use of Federal research funds to produce human clones, 
Congressman Vern Ehlers of Michigan introduced H.R. 922 on 
March 5, 1997. H.R. 922 was referred to the Committee on 
Science and the Committee on Commerce.

                        III. Summary of Hearings

    In the wake of the announcement that scientists in Scotland 
apparently had succeeded in cloning an adult sheep, the Science 
Committee held a series of three hearings, over five months, on 
human cloning. The Committee examined the legal and ethical 
issues associated with the use of cloning technology, reviewed 
the National Bioethics Advisory Commission's report, ``Cloning 
Human Beings,'' and discussed the parameters for Federal 
funding of human cloning research.

March 5, 1997; ``Biotechnology and the Ethics of Cloning: How Far 
        Should We Go?''

    On Wednesday, March 5, 1997, the Technology Subcommittee 
held the first Congressional hearing on the subject of cloning, 
entitled ``Biotechnology and the Ethics of Cloning: How Far 
Should We Go?'' Testifying before the Subcommittee were Dr. 
Harold E. Varmus, Director, National Institutes of Health, 
Bethesda, Maryland; Dr. Caird E. Rexroad, Jr., Supervisory 
Research Physiologist, Agriculture Research Service, Gene 
Evaluation and Mapping Laboratory, Livestock and Poultry 
Sciences Institute, United States Department of Agriculture, 
Beltsville, Maryland; Dr. M. Susan Smith, Director, Oregon 
Regional Primate Research Center, Oregon Health Sciences 
University, Beaverton, Oregon; Dr. Thomas M. Murray, Chairman, 
Genetics Testing Subcommittee, National Bioethics Advisory 
Commission and Professor and Director, Center for Biomedical 
Ethics, Case Western University, School of Medicine, Cleveland, 
Ohio; and, Mr. James Geraghty, President and Chief Executive 
Officer, Genzyme Transgenics, Farmingham, Massachusetts.
    Dr. Varmus began his testimony with a historical 
perspective of the development of genetic research in areas 
similar to the topic of interest. Dr. Varmus then presented six 
areas of focus and/or implementation which have arisen as a 
result of advancements in genetic cloning techniques. These 
advancements included: Traditional Husbandry (to generate 
optimal forms of plants or animals for feeding the human 
populations); Non-traditional Husbandry (to produce medically 
useful products or organs that may be useful for human 
transplantation); Research of Human Disease (the use of animals 
to simulate diseases in humans); Fundamental Biological 
Principles Research (analyzing the process by which genes are 
activated and deactivated to better understand genetic disease 
and the developmental process); Reprogramming of Human Cells 
(to treat certain diseases); and creation of Human Clones.
    The final research effort, though not having been 
successfully accomplished to date, is the subject of the moral 
and ethical debate that has infiltrated practically every 
sector of society. This effort, Dr. Varmus contends, is an 
offensive idea that is not scientifically necessary. Scientific 
genetic studies can be conducted on animals, while social 
studies can be (and could always have been) conducted on 
identical twins. Dr. Varmus opens a forum of debate, searching 
for situations whereby cloning might be socially acceptable. He 
applauds the President's decision to refer the issue to NBAC, 
and supports the extension of the ban on cloning research.
    Dr. Rexroad, though stressing that scientists at the United 
States Department of Agriculture have not been participating in 
research efforts similar to that done in Scotland at the Roslin 
Institute, highlighted many of the significant genetic research 
projects currently underway at USDA laboratories and the 
societal benefit he hopes such research will generate. Dr. 
Rexroad was very careful to note precise similarities and 
differences between work done at the Roslin Institute and work 
done by the Department of Agriculture. He also mentioned many 
possible advancements in livestock populations that could 
possibly be derived from recent findings in genetic research. 
In closing, Dr. Rexroad stressed that the cloning of animals 
``from adult or fetal cells is seen by the ARS [Agricultural 
Research Service] to be a primary tool for research that could 
lead to important advances in biotechnology . . . [that could] 
provide a powerful approach to improving the availability, 
affordability and the quality of food . . .''
    Dr. Smith presented a very comprehensive survey of the work 
and efforts that are being conducted at the Oregon Regional 
Primate Research Center. Stressing that the primary (and 
solitary) purpose of the work is to produce identical sets of 
twin rhesus monkeys by means of a process whereby monkey 
embryos are inserted (in vitro) into host mothers, Dr. Smith 
listed the numerous benefits to science that these processes 
might add. While focusing on the use of embryonic cells to 
produce genetically identical offspring, the Primate Center has 
no plans or rationale for the cloning of adult monkeys. 
Reiterating the potential of the research conducted at her 
center, Dr. Smith cautioned against the prevention of valuable 
research by an act of Congress or the Administration.
    Dr. Murray spoke of the many issues and concerns that the 
National Bioethics Advisory Commission, Genetic Subcommittee 
will consider over its ninety day study. He touched upon many 
of the societal factors that will be addressed, including 
religious concerns of many types, the concern over the sanctity 
and the power of creation, and the debate between genetic and 
environmental determinism. Faced with the strong sentiment 
possessed by much of the public, the NBAC has a extensive task 
of weighing the concerns of an extremely diverse population, 
while protecting the valuable research alluded to by the 
previous witnesses.
    Mr. Geraghty, though not formally representing the 
biotechnology industry, believes that the remarks he presented 
would depict a consensus throughout the industry. He contended 
that an overwhelming majority agrees that ``there is no place 
for the cloning of human beings in our society and recognizes 
that we must work within acceptable social limits.'' His 
purpose in testifying was to discuss the potential impact and 
possible benefits that recent advances in cloning research have 
made possible. He touched upon the techniques (and subsequent 
benefits) made possible by the Dolly experiment. He concluded 
by noting that the widespread public knowledge of the results 
of the cloning of Dolly could be a great opportunity to educate 
the public in the advances in the biopharmaceutical field which 
have already enhanced the lives of many.

June 12, 1997; ``Review of the Recommendations on Cloning by the 
        President's Commission''

    The second hearing in the series was held on June 12, 1997, 
three days following the publication of the report, ``Cloning 
Human Beings,'' submitted by the National Bioethics Advisory 
Commission (NBAC) to the President. The President had requested 
the NBAC to perform a ninety day study to examine the 
scientific, ethical, and legal aspects of the cloning issue. 
The hearing, entitled ``Review of the Recommendations on 
Cloning by the President's Commission,'' provided the first 
Congressional forum for discussion on the findings of the 
Commission.
    Testifying before the Technology Subcommittee were three 
NBAC members, including its Chairman and the Chairman of the 
relevant subcommittee, as well as the Director of the National 
Institutes of Health. The witnesses were: Dr. Harold E. Varmus, 
Director, National Institutes of Health, Bethesda, Maryland; 
Dr. Harold T. Shapiro, Chairman, National Bioethics Advisory 
Commission, and President, Princeton University, Princeton, New 
Jersey; Dr. Thomas M. Murray, Chairman, Genetics Testing 
Subcommittee, National Bioethics Advisory Commission, Professor 
and Director, Center for Biomedical Ethics, Case Western 
University, School of Medicine, Cleveland, Ohio; and, David R. 
Cox, M.D., Ph.D., Professor of Genetics and Pediatrics, 
Department of Genetics, Stanford University School of Medicine, 
Stanford, California.
    Dr. Varmus briefly summarized the legislative activity (the 
House Committee on Science, Subcommittee on Technology hearing 
on March 5, 1997 and the Senate Committee on Labor and Human 
Resources, Subcommittee on Public Health and Safety hearing on 
March 12, 1997) that had transpired.
    Dr. Shapiro broadly summarized some of the major 
conclusions of NBAC. He began by presenting some of the 
scientific uncertainties that currently obstruct the successful 
cloning of a human being, and thus, the successful scripting of 
public policy analysis in this area. He stated that the 
Commission's report cited current deficiencies in technology 
for the safe cloning of a human, and that the current state 
would expose the fetus and developing child to unacceptable 
risks. This deficiency was coupled with far-reaching concern 
that human cloning is not deemed morally acceptable by society 
as a whole.
    He explained the Commission's approach to the study, 
claiming that ethicists, theologians, scientists, scientific 
societies, physicians, and others were all given the 
opportunity to present their opinions. He noted that NBAC's 
focus was on the issues pertaining to cloning technologies that 
would be used to create an embryo which would be implanted into 
a woman's uterus. He concluded by suggesting that a specific 
period of time be set aside, during which no attempts at human 
somatic cell nuclear transfer would be attempted, and that the 
debate be revisited after scientific, moral, and ethical data 
can be collected and better evaluated.
    Dr. Murray gave testimony discussing mainly the religious 
and ethical issues analyzed by the Commission. After outlining 
the process taken by the NBAC, he presented the major findings 
in regard to ethical and religious debate. Dr. Murray raised 
the issue of the responsible dominion over nature by humankind. 
He also discussed religious teaching on procreation in an 
effort to better understand the differences between begetting 
and making. NBAC also gave testimony that the potential cloning 
of humans would disrupt the relationship among generations. The 
Commission also focused on concerns over hubris, domination and 
oppression of made people, and concern over objectification. 
With regard to ethics, the findings were almost unanimous in 
their concern that undue harm was posed to a child conceived by 
current cloning technology. The Commission also noted that 
extreme caution must be exhibited whenever humans are used as 
the subject of scientific experimentation. NBAC found there is 
sufficient cause to warrant legislation because a developing 
child would be subject to undue harm as a result of current 
``unscientifically plausible technology.''
    Dr. Cox testified about the remarkable nature of the 
scientific discovery and the opportunity for great advancements 
in basic science. Dr. Cox was careful to mention the scope of 
the NBAC study. He explained that the cloning technique in 
question, somatic cell nuclear transfer, cannot be done without 
the transfer of genetic information to an egg. When division of 
the egg takes place, by definition, an embryo is produced. He 
stated that it was not in the scope of the study to revisit the 
embryonic debate. He concluded by stating that NBAC recommended 
legislation aimed at controlling science, despite the fact 
that, above all, ``scientists value scientific freedom.''

July 22, 1997; ``Legislative Hearing on the Prohibition of Federal 
        Funding for Human Cloning Research''

    The final hearing in the series, held on July 22, 1997, was 
entitled ``Legislative Hearing on the Prohibition of Federal 
Funding for Human Cloning Research.'' The hearing discussed the 
parameters for legislating Federal funding for human cloning 
research and reviewed H.R. 922, ``The Human Cloning Research 
Prohibition Act,'' introduced by Congressman Vern Ehlers of 
Michigan.
    The hearing featured testimony from Dr. Hessel Bouma, III, 
Professor of Biology, Calvin College Biology Department, Grand 
Rapids, Michigan; Fr. Kevin Wildes, Associate Director, Kennedy 
Institute of Ethics, Georgetown University, Washington, DC; Dr. 
Arthur F. Haney, M.D., President-elect, American Society of 
Reproductive Medicine (ASRM) and Director, Department of 
Endocrinology and Infertility, Duke University Medical Center, 
Durham, North Carolina; Dr. Alison Taunton-Rigby, Member of the 
Board of Directors of the Biotechnology Industry Organization 
(BIO) and President and Chief Executive Officer, Aquila 
Biopharmaceuticals, Worcester, Massachusetts; and, Dr. Lester 
M. Crawford, Vice Chairman, National Association for Biomedical 
Research (NABR) and Director, Center for Food and Nutrition 
Policy, Georgetown University, Washington, DC.
    Dr. Bouma testified in strong opposition to the cloning of 
humans, and presented provisions that the legislation must 
include, as well as recommendations for the need to ban 
additional activities. He stressed the uniqueness, freedom, and 
respect intrinsic to human life. Cloning, Dr. Bouma testified, 
is in direct violation of all three, and therefore should be 
prohibited by law. Dr. Bouma, while he supports Congressman 
Ehlers efforts to restrict Federal funding, believes that 
legislation to ban privately funded research should be enacted 
as well. He cautioned that legislation must be crafted 
carefully, and not infringe upon the genetic research in 
farming or agriculture for purposes of enhancing food or drug 
supplies, nor should it inhibit research aimed at developing 
human tissues or organs for implantation.
    Dr. Wildes stated that he supported the conclusions of the 
National Bioethics Advisory Commission study that legislation 
to prevent human cloning was necessary. He notes, with the 
history of the past century containing many prime examples, 
that science does not exist in a vacuum. He cites chilling 
reminders of the consequences that arise when science and 
medicine move outside of the moral fabric of any given society. 
He called for a built-in review mechanism for any legislation, 
mentioning that ethical issues in science and medicine change 
extremely rapidly, and certain obscure topics often come to the 
forefront of public attention.
    Testifying on behalf of the American Society for 
Reproductive Medicine (ASRM), Dr. Haney stated that the ASRM 
believes human cloning to be totally unjustifiable. Dr. Haney 
called for meticulous care to be taken in the drafting of 
legislative measures, in an effort to assure proper definitions 
of cloning. The ASRM offered a definition of cloning it 
approved for legislation. The ASRM also supported an initiative 
that would include a sunset clause in the bill language. 
Finally, the ASRM endorsed preempting state laws on cloning to 
ensure uniformity across the Nation.
    Dr. Alison Taunton-Rigby represented the Biotechnology 
Industry Organization (BIO), representing 730 biotechnology 
companies and others engaged in biotechnology research on 
medicines and diagnostics, agriculture, pollution control, and 
industrial applications. BIO agrees that it is unacceptable for 
anyone in the public or private sector to clone humans. BIO 
believes that legislation on the subject of cloning human 
beings that must not be enacted. In lieu of legislation, BIO 
recommends that the current moratorium be continued 
indefinitely. If legislation must be enacted,BIO recommends: 
(1) it should focus only on research funded by the Federal Government; 
(2) it should include a sunset provision; (3) a preemption provision; 
(4) a findings section; (5) a section defining protected research; (6) 
a prohibition on private rights of action; and (7) an effective date.
    Dr. Crawford represented the National Association of 
Biomedical Research (NABR), which is dedicated exclusively to 
advocating sound public policy regarding the humane and 
necessary use of animals in biomedical research, education and 
testing. NABR represents over 360 member institutions including 
the nation's largest university, the majority of U.S. medical 
and veterinary schools, academic and professional societies, 
voluntary health organizations as well as pharmaceutical and 
biotechnology companies. NABR agrees with and supports the 
conclusions and recommendations made by the National Bioethics 
Advisory Commission. NABR recommendations are: (1) science will 
not pursue research results which society is morally and 
ethically unwilling to accept; (2) safeguards are in place to 
protect humans and animals in experimentation; and (3) existing 
laws and regulations are being followed and should be 
periodically reviewed to keep pace with new technologies.

                         IV. Committee Actions

    The Science Committee met to mark up H.R. 922 on July 29, 
1997. Three amendments were offered during the Committee's 
consideration of the bill. One was rejected and two were 
adopted by voice vote.
    1. Amendment in the Nature of a Substitute, offered by Mr. 
Ehlers of Michigan, was adopted, as amended, by a voice vote. 
The Amendment in the Nature of a Substitute to H.R. 922 struck 
all after the enacting clause and inserted in lieu thereof a 
short title, a redefined prohibition against expenditure of 
Federal funds for research including the creation of a human 
clone, and a review by the National Research Council on the 
impact of the Act on research, to be conducted five years after 
the date of enactment of the Act.
    2. En Bloc Amendment to the Ehlers Amendment in the Nature 
of a Substitute to H.R. 922, offered by Ms. Rivers of Michigan, 
was rejected by a voice vote. The Rivers En Bloc Amendment 
would have changed the definitions of the prohibition against 
expenditure of Federal research funds for cloning humans.
    3. Amendment to the Ehlers Amendment in the Nature of a 
Substitute to H.R. 922, offered by Ms. Rivers of Michigan, was 
adopted, as modified, by a voice vote. The Rivers Amendment 
inserted a new Section 4 to the bill, entitled ``Protected 
Scientific Research.''
    With a quorum present, Mr. Brown moved H.R. 922, as 
amended, be reported. The motion was adopted by voice vote.

               V. Summary of Major Provisions of the Bill

    Provides a prohibition against expenditure of Federal funds 
for research which includes the creation of a human clone.
    Provides a review by the National Research Council of the 
impact of this Act upon research, to be completed five years 
after the date of the enactment of the Act.

                    VI. Section-by-Section Analysis

Section 1. Short title

    This Act is titled the ``Human Cloning Research Prohibition 
Act.''

Section 2. Prohibition against expenditure of federal funds for 
        research on cloning humans

    The Act prohibits the use of Federal funds to conduct or 
support any project of research that includes the use of human 
somatic cell nuclear transfer technology to produce an embryo. 
The bill defines ``human somatic cell nuclear transfer'' and 
``somatic cell.''

Section 3. Review

    The Director of the National Science Foundation shall enter 
into an agreement with the National Research Council to conduct 
a review of the impact of the Act on research. The report, its 
conclusions, and any recommendations for appropriate changes to 
the Act shall be transmitted to Congress no later than five 
years after the date of enactment of this Act.

Section 4. Protected scientific research

    The Act shall not restrict the important and promising work 
not specifically prohibited by the Act including the use of 
somatic cell nuclear transfer or other cloning technologies to 
clone molecules, DNA, cells other than human embryo cells, or 
tissues or the use of somatic cell nuclear transfer techniques 
to create animals other than humans.

                          VII. Committee Views

    The Science Committee is charged with overseeing Federal 
funding of civilian science research and development. It has 
been the Committee's intent to craft legislation that will 
address the moral and ethical issues associated with human 
cloning while ensuring that Federal agencies retain their 
ability to pursue important scientific research.
    The Committee believes it is extremely important to make a 
statement to society that human cloning is not acceptable in 
the United States and that Federal funding should not be used 
for research that includes human cloning. The Committee 
believes that attempting to clone a human being is unacceptably 
dangerous to the child and morally and ethically unacceptable 
to our society. This appears to reflect a national, if not a 
worldwide, consensus on the issue.
    The Committee, however, recognizes the complexity of 
legislating a prohibition on Federal funding for human cloning 
research that does not adversely impact other scientifically 
important forms of research. While banning the use of Federal 
research funding for human cloning, the Committee seeks to 
preserve Federal funding for genetic research and animal 
cloning technologies that could substantially improve our 
quality of life and provide us with life-saving cures for 
diseases.

                          VIII. Cost Estimate

    Clause 7(a) of Rule XIII of the Rules of the House of 
Representatives requires each committee report accompanying 
each bill or joint resolution of a public character to contain: 
(1) an estimate, made by such committee, of the costs which 
would be incurred in carrying out such bill or joint resolution 
in the fiscal year in which it is reported, and in each of the 
five fiscal years following such fiscal year (or for the 
authorized duration of any program authorized by such bill or 
joint resolution, if less than five years); (2) a comparison of 
the estimate of costs described in subparagraph (1) of this 
paragraph made by such committee with an estimate of such costs 
made by any Government agency and submitted to such committee; 
and (3) when practicable, a comparison of the total estimated 
funding level for the relevant program (or programs) with the 
appropriate levels under current law. However, clause 7(d) of 
that Rule provides that this requirement does not apply when a 
cost estimate and comparison prepared by the Director of the 
Congressional Budget Office under section 403 of the 
Congressional Budget Act of 1974 has been timely submitted 
prior to the filing of the report and included in the report 
pursuant to clause 2(l)(3)(C) of rule XI. A cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 403 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of this 
report and included in Section IX of this report pursuant to 
clause 2(l)(3)(C) of rule XI.
    Clause 2(l)(3)(B) of Rule XI of the Rules of the House of 
Representatives requires each committee report that accompanies 
a measure providing new budget authority (other than continuing 
appropriations), new spending authority, or new credit 
authority, or changes in revenues or tax expenditures to 
contain a cost estimate, as required by section 308(a)(1) of 
the Congressional Budget Act of 1974 and, when practicable with 
respect to estimates of new budget authority, a comparison of 
the total estimated funding level for the relevant program (or 
programs) to the appropriate levels under current law. H.R. 922 
does not contain any new budget authority, credit authority, or 
changes in revenues or tax expenditures. H.R. 922 does not 
specifically authorize additional discretionary spending. H.R. 
922 does include a National Research Council review requirement 
which will impact discretionary spending as described in the 
Congressional Budget Office report on the bill, which is 
contained in Section IX of this report.

             IX. Congressional Budget Office Cost Estimate





                  X. Compliance With Public Law 104-4

    H.R 922 contains no unfunded mandates.

          XI. Committee Oversight Findings and Recommendations

    Clause 2(l)(3)(A) of Rule XI of the Rules of the House of 
Representatives requires each committee report to include 
oversight findings and recommendations required pursuant to 
clause 2(b)(1) of Rule X. The Committee has no oversight 
findings.

    XII. Oversight Findings and Recommendations by the Committee on 
                    Government Reform and Oversight

    Clause 2(l)(3)(D) of Rule XI of the Rules of the House of 
Representatives requires each committee report to contain a 
summary of the oversight findings and recommendations made by 
the House Government Reform and Oversight Committee pursuant to 
clause 4(c)(2) of Rule X, whenever such findings and 
recommendations have been submitted to the Committee in a 
timely fashion. The Committee on Science has received no such 
findings or recommendations from the Committee on Government 
Reform and Oversight.

                XIII. Constitutional Authority Statement

    Clause 2(l)(4) of Rule XI of the Rules of the House of 
Representatives requires each report of a committee on a bill 
or joint resolution of a public character to include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the law proposed by the bill or joint 
resolution. Article I, section 8 of the Constitution of the 
United States grants Congress the authority to enact H.R. 922.

               XIV. Federal Advisory Committee Statement

    H.R. 922 does not authorizes any work to be performed by a 
Federal Advisory Committee.

                  XV. Congressional Accountability Act

    The Committee finds that H.R. 922 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

                     XVI. Committee Recommendations

    On July 29, 1997, a quorum being present, the Committee 
favorably reported the Human Cloning Research Prohibition Act, 
by a voice vote, and recommends its enactment.

             XVII. Proceedings of the Full Committee Markup



 FULL COMMITTEE MARKUP ON H.R. 922--HUMAN CLONING RESEARCH PROHIBITION 
                                  ACT

                              ----------                              


                         TUESDAY, JULY 29, 1997

             U.S. House of Representatives,
                              Committee on Science,
                                                    Washington, DC.
    The Committee met at 1:19 p.m., in room 2318 of the Rayburn 
House Office Building, Hon. F. James Sensenbrenner, Jr., 
Chairman of the Committee, presiding.
    Chairman Sensenbrenner. Finally, the last item on the 
agenda is H.R. 922, the Human Cloning Research Prohibition Act.
    Without objection, opening statements by all members will 
be placed in the record at this point.
    [The text of the bill, supporting materials, and the 
opening statement of Chairman Sensenbrenner follow:]





    Chairman Sensenbrenner. The Chair recognizes the 
gentlewoman from Maryland, Mrs. Morella, the Subcommittee 
Chair.
    Mrs. Morella. Thank you, Mr. Chairman.
    I appreciate your leadership on this issue, for it is 
appropriate and right for the Science Committee to exercise our 
voice in the shaping of our Nation's human cloning policy and 
the federal funding for such research.
    The Technology Subcommittee held the first Congressional 
hearings on cloning after the announcement of the landmark 
breakthrough technology that created Dolly the Sheep, and after 
the National Bioethics Advisory Committee submitted its report, 
``Cloning Human Beings,'' to the President.
    In the course of our series of hearings, we have received 
input from leading scientists, biomedical researchers, members 
of industry, bioethicists, religious organizations, and the 
general public.
    From many opinions and beliefs, two sets of unanimous 
conclusions have emerged. The fact is that attempting to clone 
a human being is unacceptably dangerous to the child, and 
morally unacceptable to our society.
    There should be legislation prohibiting the federal funding 
of attempts to create a child using the somatic cell nuclear 
transfer cloning techniques that made possible the creation of 
Dolly.
    This appears to reflect a national, if not a worldwide, 
consensus on the issue.
    The second conclusion reached at our hearing is that in 
achieving the legislative goal of prohibiting federal funding 
for human cloning research, it is imperative that we proceed 
carefully and prudently.
    We must be extremely careful in crafting language which 
does not result in over-restrictive legislation that could 
impede new avenues of research.
    By taking a cautioned and judicious approach to prohibit 
the federal funding for human cloning research, we can prevent 
the misuse of cloning technology on humans while also 
preserving the potential for future biomedical breakthroughs 
using that technology.
    As we all know, the promise of cloning technology holds 
tremendous agricultural and medical benefits which could 
substantially improve our quality of life. These include 
revolutionary medical treatments and life-saving cures for 
diseases such as cancer, hemophilia, cystic fibrosis, sickle 
cell anemia, and emphysema, as well as better crops and 
stronger livestock.
    Additionally, cloning technology furthers our knowledge 
about developmental biology that may one day lead to such 
advances as the repair and regeneration of human tissue in 
severe burns and spinal cord injuries, and bone barrow 
regeneration for patients undergoing cancer chemotherapy.
    We must not inhibit the potential for this research and 
development by any legislative actions we undertake. So much is 
at stake: the health of patients with unmet medical needs and 
the well-being of their families.
    It has become clear, as we have engaged in the process of 
legislating a prohibition on federal funding for human cloning 
research, that what may outwardly appear to be simple is in 
fact actually highly complex.
    We all want to prohibit the federal funding of human 
cloning, but how can we legislate its ban without inadvertently 
hindering biomedical research and imperil our progress against 
disease?
    Today we are considering one such attempt to do just that.
    While I commend my good friend from Michigan, Mr. Ehlers, 
for his sincere efforts to ban the federal funding of human 
cloning research while protecting scientific development, and I 
appreciate the courtesies that he has extended to me in his 
efforts to reach an agreement with the biotechnology, 
pharmaceutical, and biomedical research organizations, I regret 
that I cannot support this bill.
    Mr. Chairman, there is deep concern within all the 
scientific organizations that could potentially be impacted by 
federal legislation to ban human cloning, including the 
biotechnology industry of which I represent the third largest 
concentration in the country, but H.R. 922 is drafted 
imprecisely and could harm continued genetic research and 
biomedical innovation.
    I share their concerns. Among the biotechnology, 
pharmaceutical and biomedical research organizations, there is 
no disagreement that human cloning should be banned. Yet, not 
one scientific organization can endorse H.R. 922.
    I just think, Mr. Chairman, that perhaps with more time for 
greater deliberation, a consensus bill can be worked out 
between the scientific research organizations and all 
interested parties.
    However, I believe H.R. 922 in its current form may have 
unintended adverse consequences on future biomedical advances, 
and I regretfully will be voting against its passage. I yield 
back.
    Chairman Sensenbrenner. The gentleman from Tennessee? As 
the Ranking Member of the Subcommittee, do you have anything 
you wish to add? Or, without objection----
    Mr. Gordon. Without object, I will again follow the 
Chairman's earlier request and put my remarks in the record.
    Chairman Sensenbrenner. Without objection, so ordered.
    [No response.]
    Chairman Sensenbrenner. We now are to the point of 
amendments.
    The amendment on the roster is one offered by the gentleman 
from Michigan, Mr. Ehlers. The Chair recognizes the gentleman 
from Michigan.
    Mr. Ehlers. Thank you, Mr. Chairman. I am pleased to offer 
this amendment in the nature of a substitute to the bill. I 
will keep in mind the time limits----
    Chairman Sensenbrenner. Without objection, the amendment is 
considered as read and open for amendment at any point.
    [The amendment roster and the text of the amendment 
follow:]





    Chairman Sensenbrenner. The gentleman from Michigan is 
recognized for a quick 5 minutes.
    Mr. Ehlers. Thank you. And I will try to make it a quick 5 
minutes.
    I am disappointed that the President has not invited me to 
the White House, as well, since we not only agree on the 
balanced budget bill, but also on the issue of human cloning 
and think that it is unacceptable, particularly from the moral 
standpoint.
    The President has imposed a moratorium, and this bill was 
introduced for the purpose of making the moratorium permanent.
    As we considered the issue in the Technology Subcommittee, 
or the entire panoply of issues surrounding cloning, it became 
clear that the initial bill was not specific enough. That point 
was raised by a number of individuals both in the biotechnology 
industry, but also those who were interested in the general 
issue of the moral ethics and other aspects of that relating to 
human cloning.
    In particular the issues was raised regarding embryo 
research. In an attempt to allay those fears--and also, if I 
may emphasize, the purpose of this bill is not just to prohibit 
human cloning, but to ensure that the industry is allowed to 
continue cloning of animals, cloning of plants, cloning of 
molecules, DNA, various cells, et cetera.
    It is very important to continue that research because it 
does promise major medical advances in the future.
    But the issue of embryo research is a very difficult issue. 
I decided the best way out of this was simply to use the 
language that has been used before by the Congress, that was 
passed by the Congress and signed into law by the President in 
the annual appropriations bills of Labor/HHS.
    And so they say that language was used in the bill, or in 
the substitute which is before you. We address the issue of 
cloning simply by using the language of the HHS Act: ``None of 
the funds made available in the Act may be used for the 
creation of an embryo.''
    That follows exactly the language that has been used for a 
number of years and has been approved by the Congress in the 
past.
    I had hoped that this would allay any controversy. There 
are still some individuals that are concerned about that and 
think that this closes the door on research.
    It is not my intent to close any doors, other than those 
involving the morality and ethics of the research in question.
    As a scientist, certainly I want to continue whatever 
research is permissible. I believe that under this bill 
virtually all the research that the industry wants to do can 
continue.
    However, when one is talking about creating life, there are 
many additional questions that arise. Many different segments 
of society feel differently about the issue, and this bill is 
an honest attempt to use the language that has survived the 
legislative process in the past, and I believe is acceptable to 
the Majority in the House and the Senate, has been signed into 
law by the President, and is acceptable to the majority of the 
people in the United States.
    Therefore, I am pleased to offer this amendment and urge 
the support of this Committee for that amendment.
    Ms. Rivers. Mr. Chairman?
    Chairman Sensenbrenner. The gentleman's time has expired.
    The gentlewoman from Michigan, Ms. Rivers.
    Ms. Rivers. I have amendments to the amendment at the desk.
    Chairman Sensenbrenner. The Clerk will report the 
amendments to the amendment, and also distribute it to the 
members.
    Ms. Schwartz. Ms. Rivers' En Bloc Amendment to Ehlers 
Amendment in the Nature of a Substitute to H.R. 922.
    ``On page----
    Ms. Rivers. Could we consider it as read, sir?
    Chairman Sensenbrenner. Without objection, the amendment 
will be considered as read.
    Does any member wish to reserve a point of order on the 
amendments?
    Mr. Ehlers. Could we have a clarification, Mr. Chairman, as 
to which amendment we are considering?
    Chairman Sensenbrenner. The one that is being passed out. I 
am going to ask unanimous consent that the Rivers' Amendments 
be considered en bloc.
    [No response.]
    Chairman Sensenbrenner. Without objection, the Rivers' 
Amendments are considered en bloc.
    Before recognizing the gentlewoman from Michigan, does 
anybody wish to reserve a point of order on them, on the 
amendments en bloc as----
    Mr. Weldon of Florida. Parliamentary inquiry, Mr. Chairman.
    Chairman Sensenbrenner. The gentleman from Florida will 
state his inquiry.
    Mr. Weldon of Florida. Is this amendment en bloc in 
violation of the rules or procedures of the Committee or of the 
House?
    Chairman Sensenbrenner. Well, the Chair would have to rule 
on that as a part of a point of order. In a parliamentary 
inquiry it is not proper for the Chair to give advisory 
opinions in the form of a parliamentary inquiry.
    Ms. Rivers. Parliamentary inquiry, Mr. Chair?
    Chairman Sensenbrenner. The gentlewoman from Michigan will 
state the parliamentary inquiry.
    Ms. Rivers. I am making certain--I am requesting 
information on whether or not we are dealing with the single 
page of paper with two proposals on it marked ``Rivers En 
Bloc.''
    Chairman Sensenbrenner. That is correct.
    Ms. Rivers. Not the second sheet.
    Chairman Sensenbrenner. The second page of paper, which 
deletes Section 3 and inserts a new Section 3, was not offered, 
unless you wish to include that in your en----
    Ms. Rivers. No. All I wish to include at this point is the 
single page labeled Rivers En Bloc.
    Chairman Sensenbrenner. Okay. Does anybody wish to reserve 
or make a point of order on the single page of paper as 
described by the gentlewoman from Michigan?
    Mrs. Morella. Mr. Chairman?
    Chairman Sensenbrenner. Yes?
    Mrs. Morella. I do not know whether this is in order. I 
guess it is a point of clarification addressed to the offeror 
of the amendment to the amendment----
    Chairman Sensenbrenner. Well, if there are no points of 
order, the Chair will recognize the gentlewoman from Michigan, 
Mrs. Rivers, for 5 minutes. And the gentlewoman from Maryland, 
or any other member of the Committee, can seek whatever 
clarifications they might desire as a part of the debate on the 
Rivers' Amendment.
    We are only dealing with the first page of paper that was 
passed out.
    [The text of the amendment follows:]





    Ms. Rivers. Right. That is the first amendment.
    Chairman Sensenbrenner. There are two other Rivers' 
amendments that are not before the Committee at this time.
    The gentlewoman is recognized for 5 minutes.
    Ms. Rivers. Thank you, Mr. Chairman.
    I bring this amendment before the Committee today for 
several reasons. The first is because I am concerned that we 
use precise language in all of the work that we do here.
    Concerns have been raised first by the Biotechnology 
Industry Organization, as well as members of NBAC, about the 
language that we have chosen to use in this particular vehicle.
    I will speak specifically from a letter addressed to me 
from the Biotechnology Industry Organization, which I would 
also ask unanimous consent to enter into the record.
    Chairman Sensenbrenner. Without objection.
    [The letter referred to follows:]





    Ms. Rivers. This says that they are concerned that the 
terms used in the Ehlers proposal are not correct from a 
scientific viewpoint, or at least open to a wide-ranging and 
troublesome interpretation.
    We would think that the science community would want to 
demonstrate its expertise on issues of science and not use 
terms which are not correct from a scientific point of view.
    They follow by saying: My proposed prohibition is 
technically correct and focused on the cloning issue. Several 
individuals have raised questions about the definitions that I 
have put forward, and I need to be very clear that those 
definitions come from recognized sources, from the National 
Bioethics Advisory Committee, from the Biotechnology Industrial 
Organization, from the American Society of Reproductive 
Medicine, both of which have endorsed this proposal, as well as 
from the Bantam Medical Dictionary.
    I feel very comfortable that this is language that is 
widely understood and widely respected.
    Secondly, I think it is important that, as we heard from 
the Biotechnology Advisory Committee, it is important that we 
listen to what they have to say.
    It is, unfortunately, a real problem in public life these 
days that Committees are continually seated only to be ignored 
after they have done their work and made their reports.
    The National Bioethics Advisory Committee was very clear in 
what they were suggesting about what they thought should be 
done, and frankly they did not address the issue of embryonic 
research that the maker of the proposal is so interested in.
    I am particularly concerned that the Ehlers' bill 
unnecessarily embroils the Committee in the controversy around 
human embryo research.
    As I said, NBAC did not deal with the issue. They 
consciously avoided reopening the debate on the embryo 
research.
    The maker of the proposal mentioned the President a few 
minutes ago, but the President did not speak to embryonic 
research in his cloning bill; he also left that for another 
time.
    I am also concerned that the Ehlers' language creates 
conflict in that it is different language than is currently 
contained in the law or the legislative ban.
    Secondly, the Biotechnology Industry Association has 
characterized the Ehlers amendment as overbroad, inconsistent 
with the recommendations of the National Bioethics Advisory 
Committee, and jeopardizing to vital biomedical research.
    The Ehlers' ban on federally funded human embryo research 
is a permanent ban, as opposed to the year-by-year ban 
currently contained in the Labor/HHS appropriations bill.
    It is inappropriate to enact a permanent ban, given the 
rapid and unpredictable pace of biomedical research.
    In all, this amendment would make clear scientific 
definitions for the terms used within the bill. It would be 
respectful of the proposals that have come back to us from the 
National Bioethics Advisory Committee work.
    It would allow the existing legislative ban on embryonic 
research to continue without being complicated by a second 
standard being created by a different Committee, and it would 
allow the scientificresearch to go on as I believe NBAC and 
other organizations have urged us.
    I would urge people to recognize that this does not create 
the ability for scientists today to do embryonic research. That 
ban is still in legislative existence. It simply clarifies 
scope of the Science Committee's recommendations on this issue.
    Thank you.
    [The voting bells ring.]
    Chairman Sensenbrenner. What would the gentleman from 
California like us to do relating to a recess?
    Mr. Brown of California. I think we should recess now and 
come back. We might have time to finish the bill if we come 
back.
    Chairman Sensenbrenner. Okay. I have conferred with the 
gentleman from California. The Chair is about ready to declare 
the Committee in recess.
    I would ask all members to come back very promptly after 
this vote so that we can finish the bill before half of the 
Committee goes to celebrate.
    So without objection, the Committee is in recess. I would 
ask members to really make an effort to come back promptly.
    [Brief recess.]

                          AFTER RECESS

    Chairman Sensenbrenner. The Committee will be in order.
    Pending at the time of the recess were the Rivers' En Bloc 
Amendments to the Ehlers' Amendment in the nature of a 
substitute.
    Does anybody else seek recognition?
    The gentleman from Maryland, Mr. Bartlett.
    Mr. Bartlett. Thank you very much, Mr. Chairman.
    We had a series of hearings on this subject and witnesses 
from a wide spectrum of interests. I think that there was near 
consensus on three issues.
    One was that we have had a long debate on embryo research 
and there is existing legislation which prohibits the use of 
federal funds in embryo research.
    The second consensus was that the President's moratorium on 
using federal funds for cloning humans is working.
    And the third consensus was that this is a very important 
area that we need an expanded dialogue in so that when we pass 
legislation we are very sure that we have carefully crafted 
legislation that will do what we want to do and will not do 
some things that are not intended.
    I think from the discussion today it is obvious that there 
is not unanimity on what the appropriate language is.
    I really regret that we have this bill before us now 
because I think that it is so important that we should have had 
more of a public dialogue and more opportunity for input before 
we bring a bill to a vote.
    I am debating whether or not I can support the bill in its 
final form, not because I do not support the intent of the 
bill, but because I am concerned that we have not had time for 
adequate dialogue so that we can carefully draft the language 
so that we will accomplish just what we want to accomplish and 
nothing more.
    Thank you very much, Mr. Chairman.
    Chairman Sensenbrenner. The gentleman's time has expired.
    The gentleman from Michigan, Mr. Ehlers.
    Mr. Ehlers. Thank you, Mr. Chairman.
    I wish to respond to the two previous speakers.
    Chairman Sensenbrenner. The gentleman is recognized for 5 
minutes.
    Mr. Ehlers. First, I would simply comment on the matter of 
discussions and hearings.
    The gentlewoman from Maryland, Mrs. Morella, Chairwoman of 
the Technology Subcommittee, has been very conscientious on 
this point and has held three hearings on the topic, all of 
which went on at some length.
    We examined the issues thoroughly. We had one hearing 
shortly after the announcement of the birth of Dolly; another 
hearings after the National Bioethics Advisory Commission 
Report, and another hearing on this bill itself. So there has 
been a good deal of discussion.
    In addition to that, Mrs. Morella has met with many 
individuals interested in this issue, and so have I had many 
individual conferences and talked to individuals about it. So 
there has been both public discussion of it and private 
discussions.
    In response to the amendment proposed by the gentlewoman 
from Michigan, a colleague of mine from Ann Arbor, I have to 
oppose her amendment.
    These definitions are not new. I have looked at them 
before. The biotech industry had proposed them to me earlier.
    I tried preparing a bill incorporating them and ran into a 
number of snags after discussing them with other members and 
other interested parties.
    For example, it goes far beyond the stated intent of simply 
not mentioning embryos. It basically says that nothing is 
prohibited except cloning a human being and implanting the 
resulting product for gestation and subsequent birth.
    That is a very broad-based definition. That provides the 
greatest amount of latitude. Is the PA system working, by the 
way? It does not sound like it.
    Testing? Good.
    The biotech industry of course wants the widest possible 
latitude, and this definition would give them the widest 
possible latitude. I believe it is important not just to 
respond to industry concerns but the concerns of society as a 
whole, as well. Therefore I oppose this amendment.
    I believe it would allow considerable experimentation on 
embryos, and one could even read into it that there could be 
experimentation after implanting because of the words ``its 
implantation of the resulting product for gestation and 
subsequent birth.''
    I would also like to address the comments made by the 
gentlewoman from Ann Arbor about the NBAC report, the National 
Bioethics Advisory Commission, saying that they did not say 
anything about embryos and therefore we should not, either.
    In fact, when we had the hearing and the members of NBAC 
who were present presented the recommendations of the 
Commission to us, they were specifically asked that question by 
a member of theCommittee--not myself--and their response was, 
they did not enter into the discussion----
    We seem to have lost our sound again.
    We did not enter into a discussion--or they did not enter 
into a discussion of embryos for two reasons. First of all, 
they did not have the time to do so. They were on a very short 
schedule for 90 days and they had a great deal to do, and they 
decided not to address that issue.
    The second reason was, they felt the issue was already 
resolved by the legislation that is in place in the 
appropriations bills of Labor/HHS, and therefore that was the 
law of the land and that the industry would have to work within 
the law of the land.
    That is one of the major reasons I decided to simply use 
that language in addressing the concern of individuals about 
cloning of embryos.
    So I would urge the Committee to reject the Rivers' 
amendment and to stick with the language that is in the 
substitute that I have offered.
    Thank you, Mr. Chairman.
    Chairman Sensenbrenner. The question is on the Rivers' 
Amendments en block to the Ehlers Amendment in the nature of a 
substitute.
    Those in favor of the Rivers' Amendment will signify by 
saying, aye.
    [Chorus of ayes.]
    Chairman Sensenbrenner. Opposed, no.
    [Chorus of nays.]
    Chairman Sensenbrenner. The noes appear to have it. The 
noes have it, and the amendment is not agreed to.
    Are there further amendments?
    The gentlewoman from Michigan, Ms. Rivers.
    Ms. Rivers. Thank you, Mr. Chair.
    First, I would like unanimous consent to withdraw 
amendments number two and number four----
    Chairman Sensenbrenner. The gentlewoman does not need that 
consent because she has not offered them yet.
    Ms. Rivers. Thank you, Mr. Chair.
    Then I would like to offer Amendment No. 3----
    Chairman Sensenbrenner. The Clerk will report the 
amendment.
    Ms. Schwartz. ``Rivers Amendment to the Ehlers Amendment In 
The Nature of A Substitute''----
    Ms. Rivers. I would ask that it be treated as read.
    Chairman Sensenbrenner. Well, let the Clerk read to make 
sure that the Clerk has got the right amendment.
    Ms. Schwartz (continuing). ``to H.R. 922. At the end of the 
amendment, insert the following:
    ``SEC. 4. PROTECTED SCIENTIFIC RESEARCH. Nothing in this 
Act shall restrict other areas''----
     I would ask that it be considered as read.
    Chairman Sensenbrenner. Without objection, the amendment 
will be considered as read, and the gentlewoman from Michigan 
is recognized for 5 minutes.
    [The text of the amendment follows:]





    Ms. Rivers. I need only a moment, Mr. Chair, to say that I 
would ask unanimous consent to change this amendment in a 
single fashion, which is, under Subsection [1] under SECTION 
4., the use of somatic cell nuclear transfer or other cloning 
technologies to clone molecules, DNA or human embryo cells.
    Mr. Ehlers. You mean cells other than human embryo cells?
    Ms. Rivers. Cells other than human embryo.
    Chairman Sensenbrenner. Without objection, the amendment is 
modified as described.
    [No response.]
    Chairman Sensenbrenner. Hearing none, so ordered and the 
gentlewoman from Michigan is recognize.
    Ms. Rivers. Thank you. This is to make clear that, while 
there are prohibitions within the larger part of the bill, this 
is to make clear that this specific scientific inquiry and 
research is specifically protected under the bill.
    It makes a clear statement about activities that are going 
on and our desire to see them continue and to make clear that 
they are not prohibited in any way by this provision.
    Thank you.
    Chairman Sensenbrenner. The gentlewoman yields back the 
balance of her time.
    The gentleman from Michigan, Mr. Ehlers----
    Mr. Ehlers. Thank you, Mr. Chairman. In the interests of 
time----
    Chairman Sensenbrenner (continuing). Is recognized for 5 
minutes.
    Mr. Ehlers. Thank you. In the interests of time, and in 
view of the fact that I previously offered something along this 
line to the industry, in view of my stated objective of making 
clear that research other than human cloning would be 
permitted, I believe I can accept this amendment.
    I do have some question about the precise wording, and if 
the author or sponsor of the amendment will recognize that I do 
have some concerns about the precise working and may want to 
reword it as it goes through the process of first the Commerce 
Committee and then to the Floor, I am willing to accept the 
amendment and say I am accepting the intent and we may have to 
deal with some wording changes later on.
    Chairman Sensenbrenner. The gentleman yields back.
    The question is on--the gentleman from Florida, Mr. Weldon?
    Mr. Weldon of Florida. Mr. Chairman, if I could be 
recognized for a question?
    Chairman Sensenbrenner. The gentleman is recognized for 5 
minutes.
    Mr. Weldon of Florida. Is the intent here to allow research 
to cultivate skin cells and that sort of thing? Is that the 
purpose or intent of this amendment? If the lady would respond?
    Ms. Rivers. Thank you. Yes. The Ehlers amendment is written 
in the form of a prohibition of certain kinds of activities are 
not to be pursued. This is to make clear that certain other 
kinds of activities are specifically protected.
    That is, to protect all of the nonembryonic research that 
is going on. So non-embryonic cells, nonreproductive cell work 
that may be going on is still protected and still encouraged.
    Mr. Weldon of Florida. I thank the lady.
    Chairman Sensenbrenner. The question is on the Rivers' 
amendment to the Ehlers amendment in the nature of a 
substitute.
    Those in favor will signify by saying, aye.
    [Chorus of ayes.]
    Chairman Sensenbrenner. Opposed, no?
    [No response.]
    Chairman Sensenbrenner. The ayes have it, and the amendment 
is agreed to.
    Are there further amendments to the bill?
    [No response.]
    Chairman Sensenbrenner. The question is on the Ehlers 
amendment in the nature of a substitute. Those in favor will 
signify by saying, aye.
    [Chorus of ayes.]
    Chairman Sensenbrenner. Opposed, no?
    [Chorus of nays.]
    Chairman Sensenbrenner. The ayes appear to have it. The 
ayes have it, and the amendment in the nature of a substitute 
as amended is agreed to.
    Are there further amendments to the bill?
    [No response.]
    Chairman Sensenbrenner. If not, the Chair will recognize a 
Member for a motion to report.
    The gentleman from California, Mr. Brown.
    Mr. Brown of California. I move the Committee report the 
bill H.R. 922, Human Cloning Research Prohibition Act As 
Amended. Furthermore, I move to instruct the staff to prepare 
the legislative report, to make technical and conforming 
amendments, and that the Chairman take all necessary steps to 
bring the bill before the House for consideration.
    Chairman Sensenbrenner. The question is on the motion. The 
Chair notes the presence of a reporting quorum, barely. Those 
in favor will signify by saying, aye.
    [Chorus of ayes.]
    Chairman Sensenbrenner. Opposed, no?
    [Chorus of nays.]
    Chairman Sensenbrenner. The ayes appear to have it. The 
ayes have it, and the bill is reported.
    Without objection, the motion to reconsider is laid upon 
the table.
    Without objection, the members will have 2 subsequent 
calendar days in which to submit Supplemental, Minority or 
Additional views on the measure.
    Without objection, pursuant to Clause 1 of Rule 20 of the 
Rules of the House of Representatives, the Committee authorizes 
the Chairman to offer such motions as may be necessary in the 
House to go to Conference with the Senate on the bill.
    Are there any objections to any of these unanimous consent 
requests?
    [No response.]
    Chairman Sensenbrenner. Hearing none, so ordered.
    The Chair would like to thank all members for their 
cooperation in getting the business completed expeditiously. 
Democrats, have fun. This Committee is in recess.
    [Whereupon, at 2:10 p.m., Tuesday, July 29, 1997, the 
Committee was recessed, to reconvene at 10:00 a.m., July 30, 
1997.]