Obama Signs Law Banning Federal Embryo Research Two Days After Signing Executive Order to OK It

On Wednesday, only two days after he lifted President Bush’s executive order banning federal funding of stem cell research that requires the destruction of human embryos, President Barack Obama signed a law that explicilty bans federal funding of any "research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death."

The provision was buried in the 465-page omnibus appropriations bill that Obama signed Wednesday. Known as the Dickey-Wicker amendment, it has been included in the annual appropriations bill for the Department of Health and Human Services every fiscal year since 1996.

The amendment says, in part: "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."

Found in Section 509 of Title V of the omnibus bill (at page 280 of the 465-page document), the federal funding ban not only prohibits the government from providing tax dollars to support research that kills or risks injury to a human embryo, it also mandates that the government use an all-inclusive definition of “human embryo” that encompasses any nascent human life from the moment that life comes into being, even if created in a laboratory through cloning, in vitro fertilization or any other means.

“For the purposes of this section,” says the law, “the term ‘human embryo or embryos’ includes any organism … that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells.” (The entire verbatim text of Section 509 of the omnibus spending law is reprinted at the bottom of this article.)

At a widely publicized White House ceremony on Monday, President Obama signed his own executive order lifting an executive order that President Bush had signed in 2001. While allowing federal funding of research involving embryonic stem cell lines that had already been created from embryos that had already been destroyed, Bush's 2001 order denied federal funding to research that required the killing of any additional embryos.

“For the past 8 years, the authority of the Department of Health and Human Services, including the National Institutes of Health (NIH), to fund and conduct human embryonic stem cell research has been limited by Presidential actions,” said the order that President Obama signed Monday. “The purpose of this order is to remove these limitations on scientific inquiry, to expand NIH support for the exploration of human stem cell research, and in so doing to enhance the contribution of America's scientists to important new discoveries and new therapies for the benefit of humankind.”

The order went on to say: “The Secretary of Health and Human Services (Secretary), through the Director of NIH, may support and conduct responsible, scientifically worthy human stem cell research, including human embryonic stem cell research, to the extent permitted by law.”

Thanks to the Dickey-Wicker language in Section 509 of the omnibus bill, the "extent permitted by law" will continue to forbid federal funding of research that even puts embryos at risk.

Close observers on both sides of the embryonic stem cell issue were well aware of the Dickey-Wicker amendment, and understood that it would pose a legal obstacle to federal funding of embryo-killing research even if President Obama issued an executive order reversing President Bush's administrative policy denying federal funding to that research.

Rep. Diana DeGette (D.-Colo.) sponsored the House version of a bill--vetoed by President Bush--that would have legalized federal funding of stem cell research that destroys so-called “spare” human embryos taken from in vitro fertilization clinics. On Monday, she told The New York Times she had already approached what she called “several pro-life Democrats” about the possibility of repealing Dickey-Wicker.

“Dickey-Wicker is 13 years old now, and I think we need to review these policies,'' The Times quoted DeGette as saying. “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 this research.”

Rep. Mike Castle (R.-Del.), who co-sponsored Rep. DeGette’s bill, similarly stated this week that Dickey-Wicker should be revisited.

"Certainly, the Dickey-Wicker amendment . . . is something we need to look at," Castle told Congressional Quarterly Today on Monday. "That was passed in 1996, before we realized the full potential of embryonic stem cell research. Some researchers are telling us now that that needs to be reversed."

Douglas Johnson, spokesman for the National Right to Life Committee, said in a press release Monday that President Obama’s executive order lifting the ban on federal funding for embryo-destroying stem cell research “set the stage” for an effort to repeal Dickey-Wicker.

“This sets the stage for an attack on the Dickey-Wicker law, which since 1995 has been a provision of the annual appropriations bills for federal health programs,” said Johnson. “Any member of Congress who votes for legislation to repeal this law is voting to allow federal funding of human embryo farms, created through the use of human cloning.”

In the remarks he made Monday when announcing the executive order, President Obama said he wanted to close the door to “the use” of cloning for human reproduction but not for other purposes.

“And we will ensure that our government never opens the door to the use of cloning for human reproduction. It is dangerous, profoundly wrong and has no place in our society, or any society,” said Obama.

A bill sponsored in the last Congress by Sen. Dianne Feinstein (D.-Calif.) and Sen. Orrin Hatch (R- Utah) would specifically permit federal funding of research using human embryos that are created by cloning and kept alive for no more than 14 days so that their stem cells can be extracted. Federal funding of this type of research is prohibited by Dickey-Wicker.

Researchers are interested in cloning human embryos for prospective stem cell therapies because it might help overcome the problem posed by a patient's immune system, which rejects stem cells derived from another person but might accept stem cells if they are taken from an embryo cloned from the patient himself.

On Tuesday morning, The New York Times carried an editorial calling on Congress to repeal Dickey-Wicker.

“Other important embryonic research is still being hobbled by the so-called Dickey-Wicker amendment,” The Times editorialized. “The amendment, which is regularly attached to appropriations bills for the Department of Health and Human Services, prohibits the use of federal funds to support scientific work that involves the destruction of human embryos (as happens when stem cells are extracted) or the creation of embryos for research purposes.”

“Congress should follow Mr. Obama's lead and lift this prohibition so such important work can benefit from an infusion of federal dollars,” The Times said.

The next day, President Obama signed H.R. 1105, the “Omnibus Appropriations Act, 2009,” which includes the Dickey-Wicker language. Unless Congress passes and President Obama signs new legislation to repeal Dickey-Wicker, it will now be the law of the land at least through September 30, when this fiscal year ends.

The text of Section 509 of the Omnibus Appropriations Act, 2009, reads as follows:

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.

He was for it before he was against it.....

President Obama's Speech on Stem Cell Executive Order

Obama signed an executive order to allow federal funding for stem cell research

Washington, DC | March 9, 2009

Today, with the Executive Order I am about to sign, we will bring the change that so many scientists and researchers; doctors and innovators; patients and loved ones have hoped for, and fought for, these past eight years: we will lift the ban on federal funding for promising embryonic stem cell research. We will vigorously support scientists who pursue this research. And we will aim for America to lead the world in the discoveries it one day may yield.

At this moment, the full promise of stem cell research remains unknown, and it should not be overstated. But scientists believe these tiny cells may have the potential to help us understand, and possibly cure, some of our most devastating diseases and conditions. To regenerate a severed spinal cord and lift someone from a wheelchair. To spur insulin production and spare a child from a lifetime of needles. To treat Parkinson's, cancer, heart disease and others that affect millions of Americans and the people who love them.

But that potential will not reveal itself on its own. Medical miracles do not happen simply by accident. They result from painstaking and costly research - from years of lonely trial and error, much of which never bears fruit - and from a government willing to support that work. From life-saving vaccines, to pioneering cancer treatments, to the sequencing of the human genome - that is the story of scientific progress in America. When government fails to make these investments, opportunities are missed. Promising avenues go unexplored. Some of our best scientists leave for other countries that will sponsor their work. And those countries may surge ahead of ours in the advances that transform our lives.

But in recent years, when it comes to stem cell research, rather than furthering discovery, our government has forced what I believe is a false choice between sound science and moral values. In this case, I believe the two are not inconsistent. As a person of faith, I believe we are called to care for each other and work to ease human suffering. I believe we have been given the capacity and will to pursue this research - and the humanity and conscience to do so responsibly.

It is a difficult and delicate balance. Many thoughtful and decent people are conflicted about, or strongly oppose, this research. I understand their concerns, and we must respect their point of view.

But after much discussion, debate and reflection, the proper course has become clear. The majority of Americans - from across the political spectrum, and of all backgrounds and beliefs - have come to a consensus that we should pursue this research. That the potential it offers is great, and with proper guidelines and strict oversight, the perils can be avoided.

That is a conclusion with which I agree. That is why I am signing this Executive Order, and why I hope Congress will act on a bi-partisan basis to provide further support for this research. We are joined today by many leaders who have reached across the aisle to champion this cause, and I commend them for that work.

Ultimately, I cannot guarantee that we will find the treatments and cures we seek. No President can promise that. But I can promise that we will seek them - actively, responsibly, and with the urgency required to make up for lost ground. Not just by opening up this new frontier of research today, but by supporting promising research of all kinds, including groundbreaking work to convert ordinary human cells into ones that resemble embryonic stem cells.

I can also promise that we will never undertake this research lightly. We will support it only when it is both scientifically worthy and responsibly conducted. We will develop strict guidelines, which we will rigorously enforce, because we cannot ever tolerate misuse or abuse. And we will ensure that our government never opens the door to the use of cloning for human reproduction. It is dangerous, profoundly wrong, and has no place in our society, or any society.

This Order is an important step in advancing the cause of science in America. But let's be clear: promoting science isn't just about providing resources - it is also about protecting free and open inquiry. It is about letting scientists like those here today do their jobs, free from manipulation or coercion, and listening to what they tell us, even when it's inconvenient - especially when it's inconvenient. It is about ensuring that scientific data is never distorted or concealed to serve a political agenda - and that we make scientific decisions based on facts, not ideology.

By doing this, we will ensure America's continued global leadership in scientific discoveries and technological breakthroughs. That is essential not only for our economic prosperity, but for the progress of all humanity.

That is why today, I am also signing a Presidential Memorandum directing the head of the White House Office of Science and Technology Policy to develop a strategy for restoring scientific integrity to government decision making. To ensure that in this new Administration, we base our public policies on the soundest science; that we appoint scientific advisors based on their credentials and experience, not their politics or ideology; and that we are open and honest with the American people about the science behind our decisions. That is how we will harness the power of science to achieve our goals - to preserve our environment and protect our national security; to create the jobs of the future, and live longer, healthier lives.

As we restore our commitment to science, and resume funding for promising stem cell research, we owe a debt of gratitude to so many tireless advocates, some of whom are with us today, many of whom are not. Today, we honor all those whose names we don't know, who organized, and raised awareness, and kept on fighting - even when it was too late for them, or for the people they love. And we honor those we know, who used their influence to help others and bring attention to this cause - people like Christopher and Dana Reeve, who we wish could be here to see this moment.

One of Christopher's friends recalled that he hung a sign on the wall of the exercise room where he did his grueling regimen of physical therapy. It read: "For everyone who thought I couldn't do it. For everyone who thought I shouldn't do it. For everyone who said, 'It's impossible.' See you at the finish line."

Christopher once told a reporter who was interviewing him: "If you came back here in ten years, I expect that I'd walk to the door to greet you."

Christopher did not get that chance. But if we pursue this research, maybe one day - maybe not in our lifetime, or even in our children's lifetime - but maybe one day, others like him might.

There is no finish line in the work of science. The race is always with us - the urgent work of giving substance to hope and answering those many bedside prayers, of seeking a day when words like "terminal" and "incurable" are finally retired from our vocabulary.

Today, using every resource at our disposal, with renewed determination to lead the world in the discoveries of this new century, we rededicate ourselves to this work.

Thank you, God bless you, and may God bless America.

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.