FEB-17-99 14:12 FROM:DHHS OS 10S EX SEC 1D : 2026907203 PAGE 3/4 Wnitd Sates Smate WASHINGTON, DC 20510 February 12, 1999 The Honorable Donna E. Shalala The Department of Health and Human Services 200 Independence Avenue, SW SPECIAL Washington, D.C. 20201 Dear Secretary Shalala: We are deeply concerned with what appears to be a unilateral attempt on your part to effectively undermine congressional intent, by circumventing the current federal funding ban on embryo research. Of particular concern to us is testimony Dr. Varmus gave on January 26, 1999, during a hearing before the Appropriations Subcommittee on Labor, Health and Human Services and Education. During Dr. Varmus’ testimony he stated, “Dr. Thomson and his co-workers derived pluripotent stem cells from the blastocyst stage of an early embryo -— the embryos used were donated by couples who were receiving infertility treatment, this derivation of stem cells from the embryo does fall under the ban on Federal funding.” The contention being made is that once the stem cells are derived, federal funding of research which directly relies on such destruction is acceptable. We disagree. Also of concer to us is Dr. Varmus’ response to a statement by some researchers that human pluripotent stem cells may come together in culture to begin developing as an embryo. If this does occur, then NIH would be directly violating the congressionally imposed ban by funding embryonic stem cell research. Dr. Varmus stated that he was unsure if it does occur, and that it would be “grossly unethical” to try to find out because that would involve implantation. If the director of the National Institutes of Health is unsure, then the proper course of action would be to take no action. Better to exr on the side of preserving congressional intent than destroying it. Congress never intended for the National Institutes of Health to give mcentives for the killing of human embryos for the purpose of stem ceil research. We are very interested in any further insight you might provide on this issue and look forward to hearmng from you soon. Sincerely, 7 Say tebe bla Mackhbage =: lo ¥40 F FEB~17-1999_ 13°15 2026907223 a ge PB 1D : 2026907203 SPECIAL DRT 4 I- POC? FEB~17-1999 137150 0. 2226987203 cee ee