[Congressional Record (Bound Edition), Volume 152 (2006), Part 11] [House] [Pages 14843-14851] [From the U.S. Government Publishing Office, www.gpo.gov]FETUS FARMING PROHIBITION ACT OF 2006 Mr. BARTON of Texas. Mr. Speaker, I move to suspend the rules and pass the Senate bill (S. 3504) to amend the Public Health Service Act to prohibit the solicitation or acceptance of tissue from fetuses gestated for research purposes, and for other purposes. The Clerk read as follows: S. 3504 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fetus Farming Prohibition Act of 2006''. SEC. 2. PROHIBITION OF THE SOLICITATION OR ACCEPTANCE OF TISSUE FROM FETUSES GESTATED FOR RESEARCH PURPOSES. Section 498B of the Public Health Service Act (42 U.S.C. 289g-2) is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (2) by inserting after subsection (b) the following: ``(c) Solicitation or Acceptance of Tissue From Fetuses Gestated for Research Purposes.--It shall be unlawful for any person or entity involved or engaged in interstate commerce to-- ``(1) solicit or knowingly acquire, receive, or accept a donation of human fetal tissue knowing that a human pregnancy was deliberately initiated to provide such tissue; or ``(2) knowingly acquire, receive, or accept tissue or cells obtained from a human embryo or fetus that was gestated in the uterus of a nonhuman animal.''; (3) in paragraph (1) of subsection (d), as so redesignated, by striking ``(a) or (b)'' and inserting ``(a), (b), or (c)''; and (4) in paragraph (1) of subsection (e), as so redesignated, by striking ``section 498A(f)'' and inserting ``section 498A(g)''. The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Texas (Mr. Barton) and the gentlewoman from Colorado (Ms. DeGette) each will control 20 minutes. The Chair recognizes the gentleman from Texas. General Leave Mr. BARTON of Texas. Mr. Speaker, I ask that all Members may have 5 legislative days within which to revise and extend their remarks on this legislation and to insert extraneous material in the Record. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Texas? There was no objection. Mr. BARTON of Texas. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I am happy to rise in support of this bill along with my good friend, Congresswoman DeGette of Colorado. I rise today in the strongest possible support of S. 3504, the Fetus Farming Prohibition Act. Every so often, we deal with a subject on this floor that is so ugly that the language almost is unable to qualify and quantify that ugliness. Today is one of those moments. When you know what fetus farming is, words like obnoxious and repugnant seem timid. As we know, fetus farming is the gruesome idea of creating a human fetus purely for research to harvest its organs. This bill would ban that practice, and we cannot ban it, in my opinion, soon enough. Most scientists today share the belief that human life should not be created just for the purposes of experimentation, or for harvesting the organs of one person to be given to another. The vast majority of scientists in our Nation uphold the ethical and moral principles on which our country forever rests, the inalienable right to life and the inherent value of human life in whatever form it may take. These scientists are working tirelessly with the knowledge that their efforts are to benefit life, benefit humanity, not to benefit one person for profit at the detriment of another person. Unfortunately, Mr. Speaker, we have seen clear examples in other countries that some scientists see things somewhat differently. It is towards these scientists that the pending legislation is directed. Rather than waiting for a horror story to appear on the front pages or allowing for the possibility of scientific advancement taking us down a slippery slope, this bill gives a clear signal that fetus farming in all of its forms will not be tolerated in the United States, nor will we allow human fetuses or embryos to be bought and sold for research like cattle. This legislation will ensure that nobody gains financially when unborn children are exploited for fetal tissue research. This legislation sends the right message on the importance of human dignity and life at the right time. Before the Pandora's box of fetus farming is opened and it is too late for us to do something about it, I will urge all of my colleagues on both sides of the aisle to support this bill. Mr. Speaker, I reserve the balance of my time. Ms. DeGETTE. I just must say, Mr. Speaker, this has got to be a new record of transmission of a bill from the Senate to the House. I was literally on the Senate floor a few minutes ago when S. 3504 was passed, and I had to run to the House to have it considered. [[Page 14844]] I think this bill is just fine. I am not sure that there is a pressing problem in this country right now of fetal farming, but I will support it. Like my chairman, Mr. Barton, I have complete and abhorrent opposition to the idea of people doing fetal farming. I must say, though, that if people are worried about women becoming pregnant so they can be paid for making fetal tissue available for research, I want to point out that the current law already prohibits the sale of fetal tissue. Section 498(b) of the Public Health Service Act says: ``It shall be unlawful for any person to knowingly acquire, receive or otherwise transfer any human fetal issue for valuable consideration.'' In addition, a yearly amendment that we do, called Dickey-Wicker, already forbids the creation of a human embryo or embryos for research purposes. So while this bill is completely unnecessary, I guess we will just pass it today and move on. But here is the real reason this bill has been fast-tracked from the Senate, why there is a second bill that will be fast-tracked from the Senate, and that is because of H.R. 810, the Embryonic Stem Cell Enhancement Act, which has been cosponsored by my friend Mike Castle from Delaware and myself. This important piece of legislation expands embryonic stem cell research so that the 110 million Americans and their families who suffer from diseases like Alzheimer's, Parkinson's, diabetes, nerve cell damage and on and on, so that the bill would allow embryonic research to be expanded so that those patients can have hope for cures. Unlike many other kinds of stem cells, adult stem cells and cord blood, embryonic stem cells have shown great promise in being a potential cure for these diseases. That is why a majority of this body passed that legislation on May 24 of 2005. {time} 1645 This is why the Senate is poised to pass that legislation with over 60 votes today. H.R. 810 will go directly to the President's desk. Sadly, the President has announced his intention to make H.R. 810 the very first veto of his 6-year administration. He has signed over 1,600 bills, but he has announced he is going to veto a bill that could provide hope for tens of millions of Americans. In order to do that, though, the President will need cover, since 72 percent of Americans support embryonic stem cell research, and that is what this bill, S. 3504, and its companion bill from the Senate will hopefully I guess give the administration cover. There will be no solace, these bills, to the patients of America. These bills are merely a fig leaf to show that the veto that is happening is going to prevent the most promising research that could happen for all these patients, and so while I support S. 3504, no one would support fetus farming. Let us really call this what this is. This is the first in a pair of fig leaf bills designed to give cover to the President, and I, for one, think it is a sad day when we are rushing to judgment on such an important research potential. Mr. Speaker, I reserve the balance of my time. Mr. BARTON of Texas. Mr. Speaker, I yield 3 minutes to the distinguished gentleman from Georgia (Mr. Deal), the subcommittee chairman. Mr. DEAL of Georgia. Mr. Speaker, I thank the gentleman for yielding, and I rise in support of this legislation. As a cosponsor of the House equivalent of this Senate bill to prohibit fetus farming, I believe it is something that we need to take action on. What is fetus farming? Simply put, it is the creation and development of a human fetus for the purposes of later killing it for research or for harvesting its organs. While advances in scientific research have led to some new and exciting treatments that have enlarged and enhanced the quality and length of human life, we must not lose sight as to what we are trying to accomplish. Scientific advancement should aim to affirm and to improve human life. Unfortunately, some have begun to pursue scientific research for its own benefit or for profit, without respect for human life. Science without respect for human life is degrading to us all and reflects a hollow and deceptive philosophy, a philosophy that we as a people should never condone. In the grisly process of fetus farming, a woman might become pregnant with the sole intention of selling the tissue of her unborn child. An unscrupulous individual could pay a young, underprivileged woman, for example, to become pregnant so that the fetal tissue could be harvested. Even more appalling and disturbing, human embryos could be harvested for their tissue after developing in the womb of a nonhuman animal. While some of these scenarios may seem like something out of the realm of fantasy, fetus farming is an emerging possibility in our world. As I stand here today, some scientists are engaged in animal research that uses cloned embryos, implanted and grown in the womb before being aborted so that the tissue could be harvested. Sometimes, cloned animal fetuses are allowed to develop almost to the newborn stage before being aborted and used to test new therapies. We now know that human cloning is not only a possibility but is already happening. Many of my colleagues may have heard or read about a technique called somatic cell nuclear transfer, also known as therapeutic cloning, in which a cloned human embryo is created and then destroyed for the purposes of harvesting its cells. It is only one small step further to begin creating and developing human fetuses for the purposes of research or for harvesting the unborn child's organs. Just because scientists have the knowledge to do it, the technology to do it, and some may even have a financial motive or other incentive to do it, does not make it right. Congress should take this proactive step to eliminate fetus farming. Human life should never be made into a commodity, and I urge my colleagues to vote in favor of S. 3504. Ms. DeGETTE. Mr. Speaker, I yield myself such time as I may consume. That message from the Senate, I guess, means that within moments, sheer moments, S. 2754 will also be up on the House here because, as I said, this entire package is being railroaded through so that it can reach the President's desk in a neat little package. Mr. Speaker, I reserve the balance of my time. Mr. BARTON of Texas. Mr. Speaker, I yield 3 minutes to the gentleman from the First State, Delaware (Mr. Castle), the distinguished former Governor, to speak on this particular bill. Mr. CASTLE. Mr. Speaker, I thank the gentleman for yielding. I hope I have the right bill. I am a little confused, too, the way bills are flying through here. I do rise in support of the bill the chairman has spoken of, S. 3504, legislation which is aimed at preventing so-called fetal farming; and while such fetal farming may not be taking place now, I applaud my colleagues for being forward thinking and targeting such an exploitive practice now. This legislation is critical because it places ethical restrictions on what can and cannot be done in federally funded research. Ethical guidelines are absolutely critical to guide all federally funded research. That is exactly why Representative Diana DeGette and I have been pressing strongly for President Bush to sign H.R. 810, the Stem Cell Research Enhancement Act, into law. Contrary to popular belief, H.R. 810 does not increase funding for embryonic stem cell research, nor does it fund the creation or destruction of embryos. Rather, it allows researchers access to the best and most promising stem cell lines, while creating for the first time an ethical construct to guide this research at the National Institutes of Health. H.R. 810 has strict financial prohibitions in place, and it prohibits the creation of embryos for research purposes. It enables the creators of the embryo to first make a decision about what they want to do with leftover embryos, which are really 5-day-old blastocysts, no bigger than the tip of a pencil. If they choose discard, it allows them the [[Page 14845]] option to donate these embryos to research, instead of medical waste. No money can exchange hands throughout the process. The legislation only allows federally funded research on stem cell lines derived ethically with private funds. No Federal funds can be used. Mr. Speaker, biomedical research is something that must be carefully monitored and rigorous guidelines must be established. That is exactly what this bill, S. 3504, aims to do, and it is what H.R. 810 aims to do. I ask my colleagues to support the underlying legislation and to urge President Bush not to veto H.R. 810. Ms. DeGETTE. Mr. Speaker, I am pleased to yield 2 minutes to the gentleman from New York (Mr. Engel). Mr. ENGEL. Mr. Speaker, I thank my colleague from the Energy and Commerce Committee for yielding to me and want to commend her on the outstanding job she is doing in fighting for embryonic stem cell research, which the American people want. The American people across ideological lines understand that this is something that will help people in their battles against illness; and why there is such rigid ideology on the other side, I just really do not understand. The Fetus Farming Prohibition Act of 2006 is fine the way it is. None of us oppose it. None of us would take issue with it, but it does not really do what the American people want us to do. The American people know that the United States has always led the way with medical research. We have always led the way in finding cures for diseases. We have always led the way in terms of our health care. And what is happening is obviously because there has been a prohibition on stem cell research, that we have fallen behind, and so other countries are eclipsing us, other countries which I believe cannot do it as well as we could do it if we were allowed to do it. And so as a result, people are dying and being injured with no help every day when, if we were permitted to have stem cell research, we could have the help that we need. This is an undertaking that really the Federal Government needs to put itself behind and which cannot work if it is left to the private sector. It cannot work if it is only going to be certain kinds of cells or certain limited amounts of cells. This has to be something that we have to do. I am very sensitive to people who care about this issue; but this, to me, has nothing to do with the issue of abortion or any of those issues. This is about saving people's lives and making it easier for people who have loved ones, who are ill and who would rely on this kind of research to get better soon. So I would hope that my colleagues would support stem cell research and vote for this bill; but again, this bill is only a scratch. We need to do much more. Mr. BARTON of Texas. Mr. Speaker, I yield 3 minutes to the distinguished gentleman from New Jersey (Mr. Smith), one of the leaders in the pro-life community. Mr. SMITH of New Jersey. Mr. Speaker, I thank my friend for yielding. Mr. Speaker, fetus farming, the growing of embryos and fetuses so as to derive tissue or organs and other cells for research or treatment, turns human beings into commodities. Fetus farming is a grave violation of human rights and is an act of research violence that Congress must stop. The harbinger of human fetus farming, Mr. Speaker, can be found in animal fetus farming studies already under way. We know that researchers are not doing this research to advance veterinary medicine. Dr. Robert Lanza, for example, of Advanced Cell Technology, attempted to clone cows for their liver stem cells. The cloned cow fetuses were implanted and grown in the womb for 3 to 4 months before being aborted so their liver tissue could be harvested. Dr. Lanza said ominously, ``We hope to use this technology in the future to treat patients with diverse diseases.'' He is not talking about cows. He is talking about human beings. Another researcher, Dr. Smadar Evantov-Friedman of the Weizmann Institute of Science in Israel, conducted research to determine the best ``gestational time windows for the growth of pig embryonic liver, pancreas, and lung precursors.'' They determined that the best windows for tissue ranged from more than 2 months to more than 6 months, and that is 6 months of gestation. This is not science fiction, Mr. Speaker. This is actual animal research. I have no doubt that Dr. Lanza and Evantov-Friedman and others are not investing enormous amounts of money and talent in research for cures for animals. And the loopholes to allow fetus farming already exist in State laws. In my home State of New Jersey, a law was enacted in 2004 that defines a cloning ban in such a bizarre way so as to ban it only if the cloned human being is grown to the newborn stage. Thus, in my State, a cloned embryo could be grown to the later fetal stage and then aborted for research. I would point out parenthetically that many of us raised these issues with our Governor, then Gov. McGreevey. I gave him a letter outlining these concerns about the legislation. They knew that what they were doing would allow the harvesting, the fetus farming of these individuals. S. 3504 makes it unlawful to solicit or knowingly acquire, receive, or accept a donation of human fetal tissue knowing that a human pregnancy was deliberately initiated to provide such tissue or knowingly acquire or receive or accept tissue or cells obtained from a human embryo or fetus that was gestated in a nonhuman animal. Fetus farming is dehumanizing. It is a serious violation of human rights. Every human life is precious, Mr. Speaker, and has innate value and dignity. Every human life, regardless of age, maturity or condition of dependency deserves respect. Every human life, no matter how small, deserves protection from harm, inhumane experimentation or slaughter. {time} 1700 Ms. DeGETTE. Mr. Speaker, I yield 2 minutes to the gentlewoman from Texas (Ms. Jackson-Lee). Ms. JACKSON-LEE of Texas. Mr. Speaker, let me thank the gentlewoman from Colorado and the distinguished gentleman from Delaware, and a number of others, along with the cosponsors, of which I am very proud to have been a cosponsor. And I thank the Energy and Commerce Committee. I rise to acknowledge and support S. 3504. This bill prohibits the harvesting of human fetal tissue or embryos for scientific research, which is consistent with current science research practices anyway. I am delighted to join in and support this moral boundary to prohibit heinous practices that are already law. At the same time, I would ask that we move quickly to pass H.R. 810, the Castle-DeGette Stem Cell Research Enhancement Act which would expand Federal funding for enormously promising embryonic stem cell research; but more importantly, as those who are languishing in our districts, some who have lost their life, others who are seeking some relief with spinal injuries, if you will, spinal cord injuries, with Parkinson's disease, begging that we move forward on H.R. 810, embryonic stem cell research has the potential to unlock the doors to treatments, diseases, and cures for numerous illnesses, including diabetes, Parkinson's disease, Alzheimer's, Lou Gehrig's Disease, multiple sclerosis, cancer and spinal cord injuries. The very same voice that Nancy Reagan raised, we are raising on this floor. Embryonic stem cell research could benefit an estimated 100 million Americans, those with these diseases and those having family members with these diseases. More importantly, children who have not seen the future before them could now have an open opportunity. Senator Bill Frist said it right: Embryonic stem cells uniquely hold specific promise that adult stem cells cannot provide. Our country's leading scientists and biomedical researchers support H.R. 810. The Santorum-Specter alternative stem cell research bill is no replacement for that bill. [[Page 14846]] Yes, we can support the Fetus Farming Prohibition Act of 2006. We can support it, but I hope we will rush to the floor and support H.R. 810 so Americans might still live. Mr. Speaker, I rise today to support S.3504, the Fetus Farming Prohibition Act. I am under no illusion that this bill will contribute significantly to the advancement of stem cell research. This bill prohibits the harvesting of human fetal tissue or embryos for scientific research, which is consistent with current scientific research practices anyway. There is no argument that the provisions in this bill would prevent repulsive practices from occurring, but there is also no evidence that these practices would ever occur. By designating this moral boundary, this bill requires researchers to find a way to make stem cells reap the potential benefits while skirting a politically divisive issue. As a Member of the Science Committee, I am committed to the advancement of science. I believe we should explore creative initiatives and pursue sound research. By demonizing science, we only hurt ourselves and make it more likely that our country will fall behind other countries in the critically important fields of science, technology, and innovation. For many of us, our driver's license exhibits a tiny red heart, which indicates to any emergency personnel that, God forbid, in a fatal accident, I have voluntarily chosen to be an organ donor. A similar option exists for those who prefer to dedicate themselves to scientific research postmortem. For those who may not know, the first scientists to successfully separate and grow cultures of stem cells in 1998 utilized discarded tissue. In all cases, it was from an unrelated yet previous decision, such as non-living fetuses obtained from terminated first trimester pregnancies. The distinction is important--this is not sacrificing one life for another, it is the possibility of bringing more life out of a death. What the authors of this bill call fetal farming, the scientific community calls ``therapeutic cloning.'' Therapeutic cloning involves removing the DNA from an unfertilized human egg and replacing it with DNA from a patient. The egg then divides through mitosis to become a blastocyst. A blastocyst is a clump of several dozen cells that then produces stem cells with DNA identical to the patient. Though a fetus could not develop in these conditions, many contend that the resulting blastocyst is still a human embryo. It is important to note that the process does not involve a human pregnancy. Ethical boundaries are crucial to the integrity of science. Naming a bill creatively, on the other hand, and making a big issue out of a non-contentious point does not improve the law. Unfortunately, however, this simple little bill and its companion, which we are also discussing today, do not weigh the consequences of any of these valid policy discussions. Instead, it does little to advance the very serious and promising area of scientific research that is reflected in H.R. 810; this research is supported by a majority of this House, and hopefully will be reaffirmed by this House later this week. This bill prohibits the ``harvesting'' of human fetal tissue or embryos for scientific research, which is consistent with current scientific research practices anyway. There is no argument that the provisions in this bill would prevent repulsive practices from occurring, but there is also no evidence that these practices would ever occur. By designating this moral boundary, this bill requires researchers to find a way to make stem cells reap the potential benefits while skirting a politically divisive issue. I am not opposed to this Jill, although it does not further scientific research. I strongly urge my colleagues to vote in favor of science, scientific research, and the promise of scientific advancement later this week. Mr. BARTON of Texas. Mr. Speaker, I yield 1 minute to the gentlewoman from Ohio (Mrs. Schmidt). Mrs. SCHMIDT. Mr. Speaker, I rise in strong support of S. 3504, the Fetus Farming Prohibition Act. As my colleagues know, researchers have already published studies in which cloned animals were grown in utero to harvest fetal tissue. Some researchers have indicated that cells or tissues from human fetuses are more desirable than embryonic stem cells. It is morally shocking to think that someone would engage in so- called ``fetus farming'' of a human embryonic embryo. It is essential that Congress act today and pass the Fetus Farming Prohibition Act to prevent and prohibit such gruesome research from ever being performed on a developing human child. Congress has a moral obligation to protect women and the unborn, and I urge my colleagues to support S. 3504 to do just that. Ms. DeGETTE. Mr. Speaker, I yield 3 minutes to the gentleman from Missouri (Mr. Carnahan). Mr. CARNAHAN. Mr. Speaker, I thank the gentlewoman from Colorado for her leadership on this important issue. I rise today to talk about S. 3504, the Fetus Farming Prohibition Act of 2006. Sponsors of this bill say it is necessary to ban the practice of fetal farming, which is the development of embryos for the sole purpose of research in questionable ways. I support this bill and intend to vote for it, but at the end of the day this bill does little more than ban researchers from taking actions they don't want to take anyway. It does draw a line in the sand which I think is important to have in our law, but it does nothing to advance scientific research in our country. It does nothing to fulfill the promise of stem cell research. I understand just minutes ago the other body passed H.R. 810, a landmark bill that would allow the kind of research necessary to help tens of millions of Americans who suffer with a genetic sentence of disability or death. H.R. 810, which passed this House last year through an extraordinary bipartisan effort, would apply strict ethical guidelines to and expand Federal funding for the most promising methods of stem cell research. H.R. 810 is the only bill this Congress has debated that has the potential to truly unlock the doors to treatments and cures for so many who really need them. I am bitterly disappointed that the President has threatened to use his first veto to stop this important scientific progress. Unfortunately for some, the bill before us now has been a distraction, or worse yet, a source of political cover for those who do not support this landmark bill, H.R. 810. I urge my colleagues to continue the bipartisan spirit that this House started last year that could be so meaningful to millions of people around this country. Let's continue this work for meaningful progress in stem cell research. Let's not get sidetracked by political gamesmanship. The American people demand it. Mr. BARTON of Texas. Mr. Speaker, we are so happy the Senate is working today. It gives us something to do, but I only have one more speaker, the sponsor of the House companion bill, Dr. Weldon. Ms. DeGETTE. Mr. Speaker, we rushed over here literally from the Senate floor. I do have other Members who would like to speak on this bill, but they are not here yet. I intend to close for my side. Mr. BARTON of Texas. We only have one other speaker, so if you would like to close for your side. Ms. DeGETTE. Mr. Speaker, I yield myself the balance of my time. Mr. Speaker, S. 3504, the Fetus Farming Prohibition Act of 2006, which as we mentioned just passed the Senate a few moments ago, is important in the sense that it is Congress' way of saying that we need to ensure that the scientific research that we do is ethical, that what we do to try to cure diseases is always ethical. I, frankly, very rarely find myself agreeing with people like Mr. Smith and Mr. Weldon on this issue. But in the case of S. 3504 I do, because I don't agree we should have fetal farming. None of us agree that we should have fetal farming. It is wrong, and it is unethical. But nobody should again convince themselves that this bill has anything whatsoever to do with the great promise that embryonic stem cell research holds. In addition, S. 2754 which came over here just on the heels of the other legislation, this bill is also attempting to give cover to those who say that they want to support research, but they don't support embryonic stem cell research. As I will discuss moments from now when we bring up that bill, that bill is no substitute for embryonic stem cell research. In fact, the greatest promise for creating cures to diseases that affect millions of Americans is H.R. 810 [[Page 14847]] which, as we just now learned moments ago again, has now passed the Senate by a solid majority, bipartisan Members who consider themselves pro-choice and Members who consider themselves pro-life. The reason they support embryonic stem cell research is because the vast majority of scientists agree that research holds the cure to potentially curing diseases that affect 110 million Americans and their families. I have a 13-page letter signed by many, many groups, universities, patient advocacy groups, all kinds of folks, and this letter says: ``We, the undersigned patient advocacy groups, health organizations, research universities, scientific societies, religious groups and other interested institutions and associations, representing millions of patients, scientists, health care providers and advocates, write you with our strong and unified support for H.R. 810, the Stem Cell Research Enhancement Act. ``Of the bills being considered simultaneously, only H.R. 810 will move stem cell research forward in our country. This is the bill which holds promise for expanding medical breakthroughs. The other two bills are not substitutes for a ``yes'' vote on H.R. 810. ``H.R. 810 is the pro-patient and pro-research bill. A vote in support of H.R. 810 will be considered a vote in support of more than 100 million patients in the U.S. and substantial progress for research.'' I include this letter for the Record. July 14, 2006. U.S. Senate, Washington, DC. Dear Senator: We, the undersigned patient advocacy groups, health organizations, research universities, scientific societies, religious groups and other interested institutions and associations, representing millions of patients, scientists, health care providers and advocates, write you with our strong and unified support for H.R. 810, the Stem Cell Research Enhancement Act. We urge your vote in favor of H.R. 810 when the Senate considers the measure next week. Of the bills being considered simultaneously, only H.R. 810 will move stem cell research forward in our country. This is the bill which holds promise for expanding medical breakthroughs. The other two bills--the Alternative Pluripotent Stem Cell Therapies Enhancement Act (S. 2754) and the Fetus Farming Prohibition Act (S. 3504)--are NOT substitutes for a YES vote on H.R. 810. H.R. 810 is the pro-patient and pro-research bill. A vote in support of H.R. 810 will be considered a vote in support of more than 100 million patients in the U.S. and substantial progress for research. Please work to pass H.R. 810 immediately. Sincerely, AO North America, AAALAC International, AARP, Abbott Laboratories, Acadia Pharmaceuticals, Accelerated Cure Project for Multiple Sclerosis, Adams County Economic Development, Inc., AdvaMed (Advanced Medical Technology Association). AMDeC-Academic Medicine Development Co., America on the Move Foundation, American Academy of Neurology, American Academy of Nursing, American Academy of Pediatric Dentistry, American Academy of Pediatrics, American Association for Cancer Research, American Association for Dental Research, American Association for Geriatric Psychiatry, American Association for the Advancement of Science, American Association of Anatomists, American Association of Colleges of Nursing, American Association of Colleges of Osteopathic Medicine, American Association of Colleges of Pharmacy, American Association of Neurological Surgeons/Congress of Neurological Surgeons, American Association of Public Health Dentistry, American Autoimmune Related Diseases Association, American Brain Coalition, American Chronic Pain Association, American College of Cardiology, American College of Medical Genetics, American College of Neuropsychopharmacology, American College of Obstetricians and Gynecologists. American Society for Cell Biology, American Society for Clinical Pharmacology and Therapeutics, American Society for Microbiology, American Society for Neural Transplantation and Repair, American Society for Nutrition, Affymetrix, Inc., Albert Einstein College of Medicine of Yeshiva University, Alliance for Aging Research, Alliance for Lupus Research, Alliance for Stem Cell Research, Alnylam US, Inc., Alpha-l Foundation, ALS Association, Ambulatory Pediatric Association, American College of Surgeons, American Council on Education, American Council on Science and Health, American Dental Association, American Dental Education Association, American Diabetes Association, American Federation for Aging Research, American Gastroenterological Association, American Geriatrics Society, American Institute for Medical and Biological Engineering, American Lung Association, American Medical Association, American Medical Informatics Association, American Medical Women's Association, American Pain Foundation, American Parkinson's Disease Association, American Parkinson's Disease Association (Arizona Chapter), American Pediatric Society, American Physiological Society, American Psychiatric Association, American Psychological Association, American Public Health Association, American Society for Biochemistry and Molecular Biology, American Society for Bone and Mineral Research, American Society for Pharmacology and Experimental Therapeutics, American Society for Reproductive Medicine, American Society for Virology, American Society of Clinical Oncology, American Society of Critical Care Anesthesiologists, American Society of Hematology, American Society of Human Genetics, American Society of Nephrology, American Society of Tropical Medicine and Hygiene, American Surgical Association, American Surgical Association Foundation, American Thoracic Society, American Thyroid Association, American Transplant Foundation, Americans for Medical Progress, amFAR, The Foundation for AIDS Research, Arizona State University College of Nursing, Arthritis Foundation, Arthritis Foundation, Rocky Mountain Chapter, Association for Clinical Research Training, Association for Medical School Pharmacology Chairs, Association for Prevention Teaching and Research, Association for the Accreditation of Human Research, Protection Programs, Inc., Association of Academic Chairs of Emergency Medicine, Association of Academic Departments of Otolaryngology. Association of Public Health Laboratories, Association of Reproductive Health Professionals, Association of Schools and Colleges of Optometry, Association of Specialty Professors, Association of University Anesthesiologists, Assurant Health, Asthma and Allergy Foundation of America, Athena Diagnostics, Aurora Economic Development Council, Axion Research Foundation, B'nai B'rith International, Baylor College of Medicine, Baylor College of Medicine Graduate School of Biomedical Sciences, Biotechnology Industry Organization, BloodCenter of Wisconsin, Inc., Blue Cross and Blue Shield Foundation on Health Care, Boston Biomedical Research Institute, Boston University School of Dental Medicine, Boston University School of Public Health, Brigham and Women's Hospital, Bristol-Myers Squibb Company, Broadened Horizons, LLC. Children's Research Institute (Columbus), Children's Research Institute (Washington), Children's Tumor Foundation, Childrens Hospital Boston, Christopher Reeve Foundation, City and County of Denver, City of Hope National Medical Center, Cold Spring Harbor Laboratory, Coleman Institute for Cognitive Disabilitites, University of Colorado System, Colfax Marathon Partnership, Inc., Colorado Bioscience Association, Colorado Office of Economic Development and International Trade, Colorado State University, Association of Academic Health Centers, Association of Academic Physiatrists, Association of American Medical Colleges, Association of American Physicians, Association of American Universities, Association of American Veterinary Medical Colleges, Association of Anatomy, Cell Biology and Neurobiology Chairs, Association of Anesthesiology Program Directors, Association of Black Cardiologists, Association of Chairs of Departments of Physiology, Association of Independent Research Institutes, Association of Medical School Microbiology and Immunology Chairs, Association of Medical School Pediatric Department Chairs, Association of Medical School Pharmacology Chairs, Association of Professors of Dermatology, Association of Professors of Human and Medical Genetics, Association of Professors of Medicine, Brown Medical School, Buck Institute for Age Research, Burns & Allen Research Institute, Burrill & Company, Burroughs Wellcome Fund, C3: Colorectal Cancer Coalition, California Biomedical Research Association, California Institute of Technology, California Institute for Regenerative Medicine, California Wellness Foundation, Californians for Cures, Campaign for Medical Research, Cancer Research and Prevention Foundation, Canon U.S. Life Sciences, Inc., Case Western Reserve University School of Dentistry, Case Western Reserve University School of Medicine, Cedars-Sinai Health System, Center for the Advancement of Health, Central Conference of American Rabbis, CFIDS Association of America, Charles R. Drew University of Medicine and Science, Charles River Laboratories, Child & Adolescent Bipolar Foundation, Children's Memorial Research Center, Children's Neurobiological Solutions Foundation, Columbia University, Columbia University College of Dental Medicine, Columbia University Medical Center, Community Health Partnership, Conference of Boston Teaching Hospitals, Connecticut United for Research Excellence, Inc., Conquer Fragile X Foundation, Cornell University, Council for the Advancement of Nursing Science, (CANS), Creighton University School of Medicine, CURE (Citizens United for Research in Epilepsy), Cure Alzheimer's Fund, Cure Paralysis Now, CuresNow, Damon Runyon Cancer Research Foundation, Dana-Farber Cancer Institute, Dartmouth Medical School, [[Page 14848]] David Geffen School of Medicine at UCLA, DENTSPLY International, Digene Corporation, Discovery Partners International, Doheny Eye Institute, Drexel University College of Medicine, Drexel University School of Public Health, Duke University Medical Center, Dystonia Medical Research Foundation. 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Quillen College of Medicine, Eli Lilly and Company, Elizabeth Glaser Pediatric AIDS Foundation, Emory University, Emory University Nell Hodgson Woodruff School of Nursing, Emory University Rollins School of Public Health, Emory University School of Medicine, FasterCures. Harvard University School of Public Health, Hauptman- Woodward Medical Research Institute, Inc., Hereditary Disease Foundation, HHT Foundation International, Inc., Home Safety Council, Howard University College of Dentistry, Howard University College of Medicine, Huntington's Disease Society of America, IBM Life Sciences Division, Illinois State University Mennonite College of Nursing, ImmunoGen, Inc., Indiana University School of Dentistry, Indiana University School of Medicine, Indiana University School of Nursing, Infectious Diseases Society of America, Institute for African American Health, Inc., Intercultural Cancer Council Caucus, International Foundation for Anticancer Drug, Discovery (IFADD), International Longevity Center--USA, International Society for Stem Cell Research, Invitrogen Corporation, Iraq Veterans for Cures, Iris Alliance Fund, Iron Disorders Institute. 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Cure Parkinson's, Inc. The Georgetown University Center for the Study of Sex Difference in Health, Aging and Disease, The Gerontological Society of America, The J. David Gladstone Institutes, The Jackson Laboratory, The Johns Hopkins University Bloomberg School of Public Health, The Johns Hopkins University School of Nursing, The Medical College of Wisconsin, The Medical Foundation, Inc., The Michael J. Fox Foundation for Parkinson's Research, The Ohio State University College of Dentistry, The Ohio State University College of Medicine and Public Health, The Ohio State University School of Public Health, The Parkinson Alliance and Unity Walk, The Research Foundation for Mental Hygiene, Inc., The Rockefeller University, The Schepens Eye Research Institute, The Scientist, The Scripps Research Institute, The Smith- Kettlewell Eye Research Institute, The Society for Investigative Dermatology, The Spiral Foundation, The University of Chicago Pritzker School of Medicine, The University of Iowa Carver College of Medicine. University of Alabama at Birmingham School of Medicine, University of Alabama at Birmingham School of Nursing, University of Alabama at Birmingham School of Public Health, University of Arizona College of Medicine, University of Arkansas for Medical Sciences, University of Buffalo, Targacept, Inc., Temple University School of Dentistry, Texans for Advancement of Medical Research, Texas A&M University Health Science Center, Texas Medical Center, Texas Tech University Health Sciences Center, The Arc of the United States, The Association for Research in Vision and Ophthalmology, The [[Page 14849]] Biophysical Society, The Brody School of Medicine at East Carolina University, The Burnham Institute, The CJD Foundation, The Critical Path Institute (C-Path), The Endocrine Society, The FAIR Foundation, The Food Allergy and Anaphylaxis Network, The Food Allergy Project, Inc., The Forsyth Institute, The Foundation Fighting Blindness, The George Washington University Medical Center. 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University of Rochester Medical Center, University of Rochester School of Medicine and Dentistry, University of Rochester School of Nursing, University of South Carolina Office of Research and Health Sciences, University of South Dakota School of Medicine and Health Sciences, University of South Florida, University of South Florida College of Nursing, University of Southern California, University of Southern California School of Dentistry, University of Utah HSC School of Medicine, University of Vermont College of Medicine, University of Washington, University of Washington School of Dentistry, University of Washington School of Nursing, University of Washington School of Public Health and Community Medicine, University of Wisconsin-Madison, Van Andel Research Institute, Vanderbilt University and Medical Center, Vanderbilt University School of Nursing, Virginia Commonwealth University School of Dentistry, Virginia Commonwealth University School of Medicine, Wake Forest University School of Medicine, Washington University in St. Louis, Washington University in St. Louis Center for Health Policy, Wisconsin Association for Biomedical Research and Education, Woodruff Health Sciences Center at Emory University, Wright State University School of Medicine, Yale University, Yale University School of Medicine, Yale University School of Nursing. Ms. DeGETTE. Mr. Speaker, many have said that adult stem cell research can be a substitute for embryonic stem cell research. To those people I would say that is simply not true. I support adult stem cell research. I support cord blood research. I support anything that could help cure all of the diseases that affect Americans. But those who say adult stem cell research will be a substitute are demagoguing that issue for political gain and that is wrong. Dr. Harold Varmus summarized it for all of the hundreds of researchers and the people who have done studies when he said just this week: ``Compared to adult stem cells, embryonic stem cells have a much greater potential, according to all existing scientific literature.'' Some researchers have said well, maybe we can find cures through adult stem cell research. Some researchers have said maybe we could do embryonic stem cell research in alternative ways, but those methods have shown no promise whatsoever. By way of contrast, recently researchers were able to create beta cells in mouse pancreases which then became insulin-producing islet cells. Even more recently, researchers were able to take embryonic stem cells and make nerve cells to help with nerve damage and paralysis. Adult stem cells cannot be used for that purpose. So in fact, the only promise for many diseases like the ones I mentioned, is embryonic stem cell research. That is why, Mr. Speaker, it is all well and good if people want to vote for S. 3504. It is all well and good if they want to say they support these other kinds of research, but in truth the only research that the tens of millions of Americans will rely on is embryonic stem cell research. In closing, our President has said that he will veto this legislation, H.R. 810, and sign S. 3504. I will say this to the President: In 6 years in office, over 1,600 bills he has signed, he has signed bills that make our budget deficit the worst in our country. He has signed bills that allow us to go to war against other nations. He has signed post office namings, and so many other bills. This bill, Mike Castle and I, we drafted this bill to be very narrow. {time} 1715 We only allowed embryos which are created to give life for in vitro fertilization clinics and are then slated to be destroyed as medical waste to be donated voluntarily by the donors to be used for embryonic stem cell research. This is the pro-life alternative. This is the alternative that lets people, once they have had their babies for in vitro fertilization, say, I don't want my embryos thrown away. I want them used for medical research. I want those embryos to be used to save lives. I just have one personal thing to say in closing. When people say that a 12-celled embryo is more important than patients today, I think of my 12-year-old daughter who suffers from type I diabetes. I think of the medical test that she does every day, sticking her finger. I think of the insulin that she must have to stay alive, and I say to the President, and I say to those that think that those embryos are more important than they are, I say, you know, come walk in her shoes for a day. Come walk in the shoes of Lane Evans, our colleague who cannot appear on this floor because of his debilitating illness. Come walk in the shoes, unfortunately you couldn't walk in the shoes of our colleague, Jim Langevin, who was paralyzed in a tragic gun accident and never walked again. And you tell all of those people that an embryo which is going to be thrown away for [[Page 14850]] medical waste is more important than those people. And that is why tens of millions of people will be watching this vote, and tens of millions of people will be watching the President this week. I suggest that the most important vote we can take is a vote for life and a vote for 810. I want to thank my colleagues in the House for passing this bill. It was a bipartisan effort. And I want to urge them to think about that later this week if, as expected, a veto override vote comes to the floor. Mr. Speaker, I yield back the balance of my time. Mr. BARTON of Texas. Mr. Speaker, to close on this very important piece of legislation, I yield to the House sponsor of the companion bill, Dr. Dave Weldon of Florida. Mr. WELDON of Florida. Mr. Speaker, I want to thank Chairman Barton. And I particularly want to thank the cosponsor of this legislation, Subcommittee Chairman Deal. And I am certainly pleased that this legislation that we introduced passed the Senate unanimously. I fully expect something similar here in the House. This bill, and I just want to point out to my colleagues, we are not revoting H.R. 810. We are talking about the bill to ban the procedure called fetal farming. And we are taking up the Senate version of the bill, which is a verbatim equivalent to the bill that Mr. Deal and I introduced. This bill sets a very, very important ethical boundary for biomedical research in this country, and obviously there is an ethical boundary that today we all agree on. It is a modest, but important, update to the Waxman 1993 fetal tissue research prohibitions. These laws, as developed in the 1990s, attempt to protect women from being coerced into having an abortion for the purpose of providing fetal tissue for research. What they were trying to do is say you can only use voluntarily aborted fetal tissue. Then, as now, the concern was that women would be exploited. Because of this, in my bill the researchers are held accountable, not any woman who may be engaged in this procedure. My bill adds a simple provision that would hold researchers criminally liable for intentionally implanting a human embryo, either in a womb or in an animal womb, for the purpose of harvesting the tissue for research. Otherwise, the Waxman language is the same. It stays the same. The criminal penalties are the same. The definition of the fetus is the same. When Congressman Waxman originally developed these laws, the thought of fetus farming hadn't even crossed our minds. Even now, most of us and most scientists would say that fetus farming is unthinkable. Science Magazine, in their reporting on the bill, stated, this bill, the one we are debating now, not H.R. 810, that fetus farming was ``ethically taboo for any legitimate researcher.'' However, what I want to get into now, and that is the reason I have the posters, this is the reason I have introduced this legislation. It may be considered taboo now, but I don't know if it will still be considered taboo in 2 or 3 or 4 years. And the way these things usually progress is they start doing it in animals and it shows a little bit of maybe potential, and then people start saying, we can cure diabetes and Parkinson's disease if we just start doing this in humans. And that is the direction they want to go. Now, this was the first study that caught my attention, and as I have stated many times on the floor of this Chamber, I am a physician. I still see patients once a month. I have treated diabetes and Parkinson's. My uncle died of complications of Parkinson's. My father died of complications of diabetes. I have dealt with this as a professional. I have dealt with this in my family. What they did is this is a cow study, and I would be happy to provide this to anybody. They did cloning, but then they took the cloned embryos, put them in a cow, and cardiac and skeletal tissue from 5- to 6-week-old cloned natural fetuses were used in this study, and they tried to show that it had some therapeutic potential. This was a second one, a cow study where they did the exact same thing, cloning, and they put it in a cow and they grew it into the fetal stage. And that is because embryonic stem cells are really a hassle to work with. It is really easier to use fetal tissue. And that is one of the arguments I have been making ever since I introduced my original bill to ban human cloning. If you don't think scientists want to start doing this, here it is. This is one of the researchers involved with this. He says, ``We hope to use this technology in the future to treat patients with diverse diseases.'' And that is usually the way we go. We say, oh, this is ethically taboo. Oh, we don't want to do this. And then somebody with a Ph.D. on the end of their name comes along and says, we are going to be able to cure this and cure that, even though there is very little evidence, scientifically, to say that the cures will be there or at least, like in the case of human embryonic stem cell research, most credible researchers in moments of honesty will acknowledge it is 10 to 20 years, if ever, going to be applicable. But that is what they will do. They will say we are going to cure this. We are going to cure that. So I am very grateful the Senate voted unanimously. I fully expect this bill to pass overwhelmingly on suspension. And we will draw a line in the sand to say we are not going to take this whole area of tissue therapies into the realm of where we are exploiting fetuses. Today, there is a majority in both bodies that want to exploit embryos. But we are saying collectively, as a Nation, through the votes of the Members of both Chambers, that we are not going to start exploiting fetuses. I think it is the right thing for us to do, and I am very, very pleased at the expedited action on this bill. And, again, I want to thank Chairman Barton and particularly my cosponsor, Chairman Deal. Mr. TERRY. Mr. Speaker, I rise in strong support of S. 3504, the Fetus Farming Prohibition Act. This critical legislation will help prevent the dangerous potential for creation of human ``fetus farms'' to harvest children's tissues and organs for medical research. It would make it a federal crime punishable by up to ten years in prison to knowingly buy or sell human fetal tissue from a pregnancy deliberately initiated for the purpose of harvesting organs and tissues. Unless S. 3504 is enacted, the potential for exploitation of women and children is tremendous. Animal research has already been conducted that raises severe ethical concerns for application in humans. For example, Advanced Cell Technology attempted to clone cow fetuses, implanted the fetuses within a womb and grew them for three to four months before aborting the cows to harvest their liver tissue for research. In addition, the Massachusetts Institute of Technology cloned and grew mouse fetuses to correct an immune deficiency, but the research was only successful when the mouse was aborted at the newborn stage for cell harvesting. Some researchers have already indicated that cells or tissues from human fetuses are more desirable than embryonic stem cells because they are more developed and adaptable for transplantation. While the biotechnology industry claims no interest in maintaining cloned human embryos past 14 days, it has supported State laws such as the New Jersey law which allows ``fetus farming'' into the ninth month of pregnancy to harvest more developed organs and tissues. The potential to pay women to act as incubators for children to be grown and aborted for ``research'' is easily seen. S. 3504 would prevent this horrific situation, and I am proud President Bush has agreed to sign this legislation into law upon passage by Congress today. I urge my colleagues to join me in supporting S. 3504 to uphold human life and protect women and children from exploitation in unethical research. Mr. ESHOO. Mr. Speaker, I support S. 3504 because I think it is essential to have the strictest of guidelines that reflect our Nation's values regarding the creation and responsible treatment of human embryos. Having said this, if we pass this bill without also enacting legislation to allow for federally funded and regulated stem cell research, we are saying ``no'' to the potential of life saving treatments for millions of Americans who suffer from diseases for which there are currently limited or no treatment options. [[Page 14851]] Later this week, the House will likely vote on H.R. 810, the Stem Cell Research Enhancement Act, a bill which puts into place critical federal support for embryonic research under the strictest ethical requirements, and I'm proud to be an original cosponsor of this bill. Under H.R. 810 embryonic stem cell lines will be eligible for research funding only if embryos used to derive stem cells were originally created for fertility treatment purposes, are in excess of clinical need, and are donated for the purpose of research. H.R. 810 will bring embryonic stem cell research under the National Institutes of Health, ensuring rigorous controls and ethical guidelines on this research that only NIH can impose. We have a moral imperative to ensure that this research is conducted in adherence to sound medical, ethical, and moral guidelines. The Stem Cell Research Enhancement Act will advance medical science and will almost certainly save lives and provide hope to millions of Americans afflicted with suffering from diseases and injuries, including Parkinson's, Alzheimer's, heart disease, and spinal injuries. Without federal funding and standards, scientific progress will move overseas and Americans' access to the most important medical innovations will be limited. I join Dr. Frist, the Senate Republican leader, in support of this bill, as well the governor of California, Governor Schwarzenegger, who has asked the President to withhold his veto. The Federal Government has a key role to lead, to encourage and to assist in the cutting-edge research which can and will save the lives of our citizens. I urge my colleagues to support H.R. 810 and support stem cell research, and I implore the President to reconsider his pledge to veto this crucial legislation. The SPEAKER pro tempore. The question is on the motion offered by the gentleman from Texas (Mr. Barton) that the House suspend the rules and pass the bill, S. 3504. The question was taken. The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of those present have voted in the affirmative. Ms. DeGETTE. Mr. Speaker, on that I demand the yeas and nays. The yeas and nays were ordered. The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the Chair's prior announcement, further proceedings on this question will be postponed. ____________________