In response to a House-passed resolution (H. Res. 350), the House Commerce Subcommittee on Health and the Environment held a hearing on March 9 to examine the alleged illegal sale of fetal tissue for research purposes. The resolution, sponsored by Rep. Tom Tancredo (R-CO), expressed the sense of the House that Congress should exercise oversight responsibilities, conduct hearings, and take appropriate steps concerning private companies that are involved in the “trafficking of baby body parts.”
Subcommittee Chair Michael Bilirakis (R-FL) opened the hearing, saying, “I believe that full and vigorous enforcement of the law against the sale of fetal tissue is essential to prevent the negative impact on legitimate research.” He added, “The focus of this hearing is whether the 1993 law is being followed. We are not here to debate the many issues associated with fetal tissue transplant research.”
Under the National Institutes of Health Revitalization Act of 1993 (P.L. 103-43), researchers are allowed to conduct therapeutic research on aborted fetal tissue using federal dollars. P.L. 104-43 established a number of safeguards aimed at preventing the exploitation of women. Prior to donating fetal tissue for research purposes, a woman is required to sign a statement declaring that she is donating the tissue, that she understands a recipient cannot be designated, and that she does not know the identity of the recipient. Additionally, the physician performing the abortion is required to certify that the woman gave her consent for the procedure prior to being advised that she could donate the tissue. The law also prohibits the sale or purchase of fetal tissue obtained from induced abortions. Violators of this prohibition are subject to fines and/or up to ten years in prison. Additionally, the General Accounting Office (GAO) was tasked with reporting to Congress on compliance with the law. In 1997, the GAO issued its report, which found that there had been no violations of the law.
Prior to hearing from witnesses, the subcommittee unanimously approved, 27-0, a motion by Commerce Committee Chair Tom Bliley (R-VA) to find Dr. Miles Jones in contempt for failing to appear before the subcommittee after being subpoenaed. Dr. Jones had appeared on ABC’s “20/20” claiming that there was a market for fetal tissue and that he had profited from the sale of such tissue.
The subcommittee heard testimony from Lawrence Dean Alberty, Jr. who worked as a fetal tissue procurement technician at an abortion clinic. Mr. Alberty claimed to have knowledge of the illegal sale of fetal tissue and aided “20/20” in producing their segment. However, during the question and answer period, it became evident to members of the subcommittee that Mr. Alberty’s testimony was inconsistent and his credibility weak. “Mr. Alberty, there are so many inconsistencies in your story that I do not find you at all credible,” stated Rep. Charles Norwood (R-GA).
In an effort to highlight the importance of fetal tissue to biomedical research, the subcommittee heard from several scientists who are involved in fetal tissue research. Dr. Samuel Cohen of the University of Nebraska Medical Center detailed several scientific discoveries as a result of fetal tissue, including the discovery of the vaccines for rubella and polio. “It is critical that Congress protect the ability of scientists to use this valuable resource as a means for studying human disease,” he said.
Joan Samuelson of the Parkinson’s Action Network expressed her concern about the potential impact of the hearing: “I am concerned that today’s hearing will have a chilling effect that will slow, if not stop, vital medical research.” She added that fetal tissue research may help identify a cure for many diseases, including Parkinson’s, Alzheimer’s, and cancer. “Cell implantation is one of the most promising approaches to brain repair for people like me who have Parkinson’s disease. Early results from trials of tissue transplantation have shown this to be a therapeutic strategy with great promise,” she said.
Dr. Hannah Kinney of the American Society for Cell Biology detailed her research on Sudden Infant Death Syndrome (SIDS), for which she uses fetal tissue. “While 90 percent of SIDS deaths occur in the first six months after birth, the origins of SIDS are thought to begin in fetal life, and thus the study of the fetal period becomes critical to determining the abnormal pathway that begins in the fetus and results in sudden death after birth.”
Noting the scientific promise of fetal tissue research, Rep. Diana DeGette (D-CO) said, “We must preserve the integrity of this lifesaving research,” adding: “Any illegal activity with respect to fetal tissue research must not be tolerated….It is imperative that violators must be prosecuted and punished to the fullest extent of the law.”
Democrats and Republicans joined together in calling upon the Department of Justice to conduct an investigation into possible violations of the 1993 law prohibiting the sale of fetal tissue.
