Dickey Amendment
Encyclopedia
The Dickey Amendment is the name of an appropriation bill rider
attached to a bill passed by United States Congress
in 1995, and signed by former President
Bill Clinton
, which prohibits the Department of Health and Human Services
(HHS) from using appropriated funds for the creation of human embryos for research purposes or for research in which human embryos are destroyed. HHS funding includes the funding for the National Institutes of Health
(NIH). Technically the Dickey Amendment is a "rider" to other legislation, which amends the original legislation. The rider receives its name from the name of the Congressman that originally introduced the amendment, Representative Jay Dickey
. The Dickey amendment language has been added to each of the Labor, HHS, and Education appropriations acts for FY1997 through FY2009. The original rider can be found in Section 128 of P.L. 104-99
. The wording of the rider is generally the same year after year. For FY2009, the wording in Division F, Section 509 of the Omnibus Appropriations Act, 2009,
(enacted March 11, 2009) prohibits HHS, including NIH, from using FY2009 appropriated funds as follows:
For purposes of this section, the term "human embryo or embryos" includes any organism, not protected as a human subject under 45 CFR 46 (the Human Subject Protection regulations) . . . that is derived by fertilization, parthenogenesis
, cloning
, or any other means from one or more human gametes (sperm
or egg
) or human diploid cells (cells that have two sets of chromosome
s, such as somatic
cells).
In March 2009, President Obama issued an executive order which removed the restriction against federal funding of stem cell research. However, the Dickey-Wicker Amendment remains an obstacle for federally-funded researchers seeking to create their own stem cell lines. In August 2010, as part of preliminary motions in Sherley vs Sebelius, Judge Royce C. Lamberth
granted an injunction against federally funded embryonic stem cell (ESC) research on the grounds that the guidelines for ESC research "clearly violate" the Dickey-Wicker Amendment. In September 2010, he refused to lift the injunction pending the conclusion of the case and the issuance of his ruling and a likely appeal. In response, the Obama Justice Department asked the U.S. Court of Appeals for the District of Columbia Circuit to lift the injunction via an order pending the appeal of Judge Lamberth's ruling, which it did on April 29, 2011. Judge Lamberth was thereby obliged to reverse his ruling, and grudgingly dismissed the case entirely on July 27, 2011.
In the 2-1 opinion of April 29, 2011, the appeals panel said that the Dickey-Wicker Amendment was "ambiguous" and that the National Institutes of Health had "reasonably concluded" that although federal funds could not be used to directly destroy an embryo, the amendment does not prohibit funding a research project using embryonic stem cells. This is an important distinction under the law, because for federal funds to be used directly to support the destruction of embryos- as opposed to indirect use just in embryo stem cell research that avoids killing the embryo- is supposedly a violation of the Hyde Amendment
, which has been ruled constitutional and which prohibits abortions using federal tax dollar funds (those questions will now have to be settled by the whole Court of Appeals for the District of Columbia Circuit sitting en banc, or perhaps, ultimately, by the Supreme Court of the United States
).
Although the first report of laboratory studies of human fertilization appeared in Science in 1944, (the work was conducted in Brookline, Massachusetts), clinical IVF was successful first in Great Britain
in 1978 for couples with infertility. IVF became standard of care in the United States in the early 1980's. As with all forms of clinical treatment, the medical community looked to basic science research to improve the safety and efficacy of IVF for mothers and babies.
In 1979, an Ethics Advisory Board for the National Institutes of Health
issued guidelines for research on early human embryos, but no action was taken. The Federal Policy for the Protection of Human Subjects (see: Human subject research legislation in the United States
) enacted in 1977 remained in place: 45CFR § 46.204(d), "No application or proposal involving human in vitro fertilization may be funded by the Department or any component thereof until the application or proposal has been reviewed by the Ethical Advisory Board and the Board has rendered advice as to its acceptability from an ethical standpoint." Since there was no Ethics Advisory Board, federally funded research was not possible.
Rider (legislation)
In legislative procedure, a rider is an additional provision added to a bill or other measure under the consideration by a legislature, having little connection with the subject matter of the bill. Riders are usually created as a tactic to pass a controversial provision that would not pass as its...
attached to a bill passed by United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
in 1995, and signed by former President
President
A president is a leader of an organization, company, trade union, university, or country.Etymologically, a president is one who presides, who sits in leadership...
Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
, which prohibits the Department of Health and Human Services
United States Department of Health and Human Services
The United States Department of Health and Human Services is a Cabinet department of the United States government with the goal of protecting the health of all Americans and providing essential human services. Its motto is "Improving the health, safety, and well-being of America"...
(HHS) from using appropriated funds for the creation of human embryos for research purposes or for research in which human embryos are destroyed. HHS funding includes the funding for the National Institutes of Health
National Institutes of Health
The National Institutes of Health are an agency of the United States Department of Health and Human Services and are the primary agency of the United States government responsible for biomedical and health-related research. Its science and engineering counterpart is the National Science Foundation...
(NIH). Technically the Dickey Amendment is a "rider" to other legislation, which amends the original legislation. The rider receives its name from the name of the Congressman that originally introduced the amendment, Representative Jay Dickey
Jay Dickey
Jay W. Dickey, Jr. is a former U.S. Representative from the Fourth Congressional District of Arkansas. He served in Congress from 1993 to 2000...
. The Dickey amendment language has been added to each of the Labor, HHS, and Education appropriations acts for FY1997 through FY2009. The original rider can be found in Section 128 of P.L. 104-99
. The wording of the rider is generally the same year after year. For FY2009, the wording in Division F, Section 509 of the Omnibus Appropriations Act, 2009,
(enacted March 11, 2009) prohibits HHS, including NIH, from using FY2009 appropriated funds 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 46.208(a)(2) and Section 498(b) of the Public Health Service ActPublic Health Service ActThe Public Health Service Act is a United States federal law enacted in 1944. The full act is captured under Title 42 of the United States Code "The Public Health and Welfare", Chapter 6A "Public Health Service"....
http://www.fda.gov/opacom/laws/phsvcact/phsvcact.htm(42 U.S.C. 289g(b)) (Title 42, Section 289g(b), United States CodeUnited States CodeThe Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
).
For purposes of this section, the term "human embryo or embryos" includes any organism, not protected as a human subject under 45 CFR 46 (the Human Subject Protection regulations) . . . that is derived by fertilization, parthenogenesis
Parthenogenesis
Parthenogenesis is a form of asexual reproduction found in females, where growth and development of embryos occur without fertilization by a male...
, cloning
Cloning
Cloning in biology is the process of producing similar populations of genetically identical individuals that occurs in nature when organisms such as bacteria, insects or plants reproduce asexually. Cloning in biotechnology refers to processes used to create copies of DNA fragments , cells , or...
, or any other means from one or more human gametes (sperm
Spermatozoon
A spermatozoon is a motile sperm cell, or moving form of the haploid cell that is the male gamete. A spermatozoon joins an ovum to form a zygote...
or egg
Ovum
An ovum is a haploid female reproductive cell or gamete. Both animals and embryophytes have ova. The term ovule is used for the young ovum of an animal, as well as the plant structure that carries the female gametophyte and egg cell and develops into a seed after fertilization...
) or human diploid cells (cells that have two sets of chromosome
Chromosome
A chromosome is an organized structure of DNA and protein found in cells. It is a single piece of coiled DNA containing many genes, regulatory elements and other nucleotide sequences. Chromosomes also contain DNA-bound proteins, which serve to package the DNA and control its functions.Chromosomes...
s, such as somatic
Somatic
The term somatic means 'of the body',, relating to the body. In medicine, somatic illness is bodily, not mental, illness. The term is often used in biology to refer to the cells of the body in contrast to the germ line cells which usually give rise to the gametes...
cells).
In March 2009, President Obama issued an executive order which removed the restriction against federal funding of stem cell research. However, the Dickey-Wicker Amendment remains an obstacle for federally-funded researchers seeking to create their own stem cell lines. In August 2010, as part of preliminary motions in Sherley vs Sebelius, Judge Royce C. Lamberth
Royce C. Lamberth
Royce C. Lamberth is a federal judge in the United States District Court for the District of Columbia, serving as its Chief Judge....
granted an injunction against federally funded embryonic stem cell (ESC) research on the grounds that the guidelines for ESC research "clearly violate" the Dickey-Wicker Amendment. In September 2010, he refused to lift the injunction pending the conclusion of the case and the issuance of his ruling and a likely appeal. In response, the Obama Justice Department asked the U.S. Court of Appeals for the District of Columbia Circuit to lift the injunction via an order pending the appeal of Judge Lamberth's ruling, which it did on April 29, 2011. Judge Lamberth was thereby obliged to reverse his ruling, and grudgingly dismissed the case entirely on July 27, 2011.
In the 2-1 opinion of April 29, 2011, the appeals panel said that the Dickey-Wicker Amendment was "ambiguous" and that the National Institutes of Health had "reasonably concluded" that although federal funds could not be used to directly destroy an embryo, the amendment does not prohibit funding a research project using embryonic stem cells. This is an important distinction under the law, because for federal funds to be used directly to support the destruction of embryos- as opposed to indirect use just in embryo stem cell research that avoids killing the embryo- is supposedly a violation of the Hyde Amendment
Hyde Amendment
In U.S. politics, the Hyde Amendment is a legislative provision barring the use of certain federal funds to pay for abortions. It is not a permanent law, rather it is a "rider" that, in various forms, has been routinely attached to annual appropriations bills since 1976...
, which has been ruled constitutional and which prohibits abortions using federal tax dollar funds (those questions will now have to be settled by the whole Court of Appeals for the District of Columbia Circuit sitting en banc, or perhaps, ultimately, by the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
).
History of US Concerns about Embryos
Federal concern with human embryo research began over 25 years ago with the advent of assisted reproduction technologies, i.e. in vitro fertilization (IVF) or "test tube babies."Although the first report of laboratory studies of human fertilization appeared in Science in 1944, (the work was conducted in Brookline, Massachusetts), clinical IVF was successful first in Great Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
in 1978 for couples with infertility. IVF became standard of care in the United States in the early 1980's. As with all forms of clinical treatment, the medical community looked to basic science research to improve the safety and efficacy of IVF for mothers and babies.
In 1979, an Ethics Advisory Board for the National Institutes of Health
National Institutes of Health
The National Institutes of Health are an agency of the United States Department of Health and Human Services and are the primary agency of the United States government responsible for biomedical and health-related research. Its science and engineering counterpart is the National Science Foundation...
issued guidelines for research on early human embryos, but no action was taken. The Federal Policy for the Protection of Human Subjects (see: Human subject research legislation in the United States
Human subject research legislation in the United States
Human subject research legislation in the United States can be traced to the early 20th century. Human subject research in the United States was mostly unregulated until the 20th century, as it was throughout the world, until the establishment of various governmental and professional regulations...
) enacted in 1977 remained in place: 45CFR § 46.204(d), "No application or proposal involving human in vitro fertilization may be funded by the Department or any component thereof until the application or proposal has been reviewed by the Ethical Advisory Board and the Board has rendered advice as to its acceptability from an ethical standpoint." Since there was no Ethics Advisory Board, federally funded research was not possible.