White House: No Federal Funds for Creating or Destroying Embryos
<http://www.cnsnews.com/public/content/article.aspx?RsrcID=45016>http://www.cnsnews.com/public/content/article.aspx?RsrcID=45016
 

Friday, March 13, 2009
By Fred Lucas, Staff Writer

(CNSNews.com) – A White House official told 
CNSNews.com that in keeping with language 
included in the spending bill that President 
Obama signed into law Wednesday, federal funding 
cannot go to research that creates or destroys 
human embryos, but it can go to research that 
uses stem cells taken from embryos that are destroyed without federal funds.

On Monday, Obama signed an executive order 
lifting a previous executive order­signed by 
President Bush in 2001­that limited federal 
funding of embryonic stem cell research to 
stem-cell lines that had been created from 
embryos destroyed before that time.  Bush’s aim 
was to ensure that no further human embryos were 
destroyed for federal research purposes.

On Wednesday, just two days after lifting Bush’s 
executive order, Obama signed a 465-page omnibus 
appropriations bill that included language (at 
page 280 of the bill) specifically prohibiting 
federal funding of research that creates or 
destroys an embryo or subjects an embryo to risk of injury or death.

The language­known as the Dickey-Wicker 
amendment­has been included in the Department of 
Health and Human Services appropriations every fiscal year since 1996.

A White House official told CNSNews.com that 
President Obama was aware that the Dickey-Wicker 
amendment was in the omnibus bill and that under 
the executive order signed Monday the National 
Institutes of Health should comply with the 
restrictions mandated by the Dickey-Wicker amendment.

“They should develop guidelines to pursue stem 
cell research in compliance with federal law, 
meaning Dickey-Wicker,” the White House official said.

“Dickey-Wicker does not speak to stem cell 
research,” the White House official said. “It 
speaks to the creation and destruction of 
embryos.  It was drafted before stem cell 
research even existed. So what the executive 
order says is that NIH will develop guidelines 
for stem cell research proceedings [for] folks 
who use federal money for stem cell research.”

“You still can’t create or destroy an embryo with 
federal funding,” the White House official said.

“These lines come from, generally come from, 
embryos that are left over at fertilization labs 
and IVF clinics, and that can be created 
privately,” said the White House official.

“All this executive order does is say that 
federal funds can be used for research on those 
lines. It doesn’t speak to creating new lines, 
creating embryos or destroying embryos, anything like that,” said the official.

The White House official also said that President 
Obama has not taken a position on Dickey-Wicker 
and did not address it in his remarks on Monday 
when he signed the executive order.

“We have not discussed repealing Dickey-Wicker or 
anything like that,” the official said. “As long 
as it is law, federal funding cannot be used for 
the creation or destruction of embryos.”

The executive order Obama signed says, “The 
Secretary of Health and Human Services, through 
the Director of the NIH, may support and conduct 
responsible, scientifically worthy human stem 
cell research, including human embryonic stem 
cell research, to the extent permitted by law.”

The 
<http://www.whitehouse.gov/the_press_office/Removing-Barriers-to-Responsible-Scientific-Research-Involving-Human-Stem-Cells/>Dickey-Wicker
 
law specifically states:

SEC. 509. (a) None of the funds made available in
this Act may be used for

(1) the creation of a human embryo or embryos
for research purposes; OR

(2) research in which a human embryo or embryos 
are destroyed, discarded, or knowingly subjected 
to risk of injury or death greater than that 
allowed for research on fetuses in utero under 45 
CFR 46.204(b) and section 498(b) of the Public 
Health Service Act (42 U.S.C. 289g(b)).

(b) For purposes of this section, the term "human 
embryo or embryos" includes any organism, not 
protected as a human subject under 45 CFR 46 as 
of the date of the enactment of this Act, that is 
derived by fertilization, parthenogenesis, 
cloning, or any other means from one or more 
human gametes or human diploid cells.

Opponents of embryonic stem cell research believe 
the language of the law would clearly prohibit 
any federal funding because research means harm 
to the embryo, said Douglas Johnson, legislative 
director for the National Right to Life Committee.

“It does not merely say you can’t use federal 
funds to kill an embryo, it’s much broader than 
that,” Johnson told CNSNews.com. “It says the 
federal government can’t fund research in which 
embryos are harmed. We should interpret that to 
mean the federal government can’t fund any 
research project if that project involves or requires harm to human embryos.”

“It is not consistent with the Dickey amendment 
for NIH to say, ‘OK, we’re going to approve this 
study, which involves taking 100 embryos out of 
the freezer in some in vitro lab and killing them 
and taking their stem cells, and using their stem 
cells in the federally funded study, and by the 
way, we’re going to pay for all of that, and we 
approve it in advance. The only part we’re not 
going to pay for is the part where you kill the 
embryo,’” Johnson continued. “That’s not what the Dickey amendment says.”

This would be a moot point if Congress scraps the 
amendment, which Johnson said he anticipates could happen.

This week, House Majority Leader Steny Hoyer 
(D-Md.) said House leaders might attempt to pass 
a stem cell research bill before the April 4 recess.

“We believe this research provides real hope for 
some of mankind’s most difficult diseases and 
afflictions and challenges. We think the research 
is promising,” Hoyer said on the House floor. “On 
the other hand, we want to make sure that it 
does, in fact, do what we say we want to do. As 
you know, when we passed legislation like that 
before, we made it very clear that human cloning 
was not something that the Congress supported and 
that we were specifically prohibiting that.”

Also, this week, Rep. Diana DeGette (D-Colo.) 
told the New York Times, “Dickey-Wicker is 13 
years old now, and I think we need to review 
these policies. … I’ve already talked to several 
pro-life Democrats about Dickey-Wicker, and they 
seemed open to the concept of reversing the 
policy if we could show that it was necessary to foster the research.”

But repealing the law is not an immediate 
priority, DeGette spokesman Kris Eisenla said 
Friday. The first priority, he said, would be to 
codify Obama’s executive order into law.

“We’ve heard many researchers say it impedes 
research,” Eisenala told CNSNews.com. “But we 
must review: a) Does it impede research? and b) 
Should we overturn it? We would have legislative 
hearings, discussions and reach out to the other side of the aisle.”

Doing away with the amendment could be more 
efficient for scientific research, said Michael 
Werner, a consultant with the Biotechnology 
Industry Organization (BIO), which has lobbied 
for funding to do stem cell research.

“Dickey-Wicker does not stand in the way of the 
NIH funding the use of embryonic stem cell 
research, but it does stand in the way of using 
federal funds to derive the cells from the 
embryos,” Werner told CNSNews.com. “If it were 
done away with, it would free up researchers more 
instead of having one set of dollars to derive 
the cells and one set of dollars for research.”

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