Obey Amendment
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| Obey Amendment | |
|---|---|
| Name | Obey Amendment |
| Enacted | 2005 |
| Sponsor | David R. Obey |
| Enacted by | 109th United States Congress |
| Signed by | George W. Bush |
| Summary | Restricts federal funding for research involving human tissues obtained from elective abortions and limits indirect support for embryonic stem cell research |
Obey Amendment is a provision adopted in omnibus appropriations legislation that limits certain types of federally funded research involving human tissues derived from elective abortions and constrains indirect support for embryonic stem cell research. The amendment, associated with Representative David R. Obey, was inserted into appropriations riders during the 109th United States Congress and has influenced funding policies across several agencies, including the National Institutes of Health, the Department of Health and Human Services, and the National Science Foundation. Its language and practical effect have intersected with litigation, executive directives issued by Presidents George W. Bush and Barack Obama, and interpretations by the Congressional Research Service.
Background
The amendment emerged amid debate following developments in biomedical research such as claims about deriving pluripotent cells from human embryos and discussions prompted by discoveries reported in journals like Science (journal) and Nature (journal). Ethical controversies surrounding research traces to high-profile events including hearings convened by the United States House Committee on Oversight and Government Reform, public commentary from institutions like the Catholic Church and the United States Conference of Catholic Bishops, and advocacy by organizations such as Planned Parenthood Federation of America and the March for Life. Debates also referenced prior policy actions including the Dickey–Wicker Amendment and executive orders responding to scientific controversies during the administrations of Bill Clinton and George W. Bush. Policymakers weighed implications for agencies such as the Food and Drug Administration and private-sector entities like Genentech and Geron Corporation.
Legislative History
Introduced as a rider during an appropriations cycle in the 109th United States Congress, the amendment was attached to an omnibus appropriations bill debated in committees including the House Committee on Appropriations and subcommittees overseeing Labor, Health and Human Services, and Education Appropriations. Floor consideration involved lawmakers from both parties with input from Senators such as Arlen Specter and Representatives including Henry Waxman and Tom Coburn. The amendment’s language was negotiated amid broader budgetary compromises with Senators from the Senate Committee on Appropriations and guidance from the Office of Management and Budget. After passage, the bill was presented to George W. Bush for signature; subsequent administrations, including that of Barack Obama, issued guidance on interpretation while Congress reauthorized appropriations subject to the amendment in later sessions such as the 110th United States Congress.
Provisions and Requirements
The text prohibits the use of funds made available by the relevant appropriations act for certain activities involving tissues obtained from elective abortions and establishes conditions under which indirect costs and facilities support may or may not be used by recipients such as universities including Harvard University, Stanford University, and Johns Hopkins University. It requires recipients to certify compliance and mandates supervisory mechanisms often administered by agencies like the National Institutes of Health and overseen by the Department of Health and Human Services Office of Inspector General. The amendment distinguishes between direct research funding and ancillary support such as core facilities funded by unrestricted grants from institutions including the Howard Hughes Medical Institute and foundations like the Bill & Melinda Gates Foundation. It interfaces with existing statutes like the Public Health Service Act and regulatory frameworks enforced by the Office for Human Research Protections.
Implementation and Impact
Federal agencies implemented the amendment through guidance memos and grant conditions affecting investigators at institutions such as the University of California, San Francisco, Columbia University, and Yale University. The limitations influenced grant proposals reviewed by panels at the National Institutes of Health and decisions by private companies like Cellular Dynamics International and Advanced Cell Technology. Some research programs adapted by shifting funding streams, collaborating with non-federal partners such as the Wellcome Trust and the Howard Hughes Medical Institute, or focusing on alternative techniques highlighted by labs at MIT and Cambridge University. The policy affected training programs supported by the National Science Foundation and cooperative agreements with entities like the Centers for Disease Control and Prevention.
Controversies and Legal Challenges
The amendment generated legal and public controversy, prompting challenges and commentary from civil liberties organizations including the American Civil Liberties Union and scientific societies like the American Association for the Advancement of Science. Litigants raised questions under the First Amendment to the United States Constitution and administrative law doctrines adjudicated in federal courts such as the United States District Court for the District of Columbia and the United States Court of Appeals for the District of Columbia Circuit. Opponents argued the provision chilled scientific inquiry and complicated compliance for academic medical centers including Mayo Clinic and Cleveland Clinic, while supporters cited moral positions advanced by groups like the Knights of Columbus and leaders from the United States Conference of Catholic Bishops. Executive administrative actions, including memoranda issued by Presidents of the United States, and legislative responses in subsequent sessions shaped litigation outcomes and agency interpretations.
Related Policies and Amendments
The amendment sits among a set of federal restrictions and directives concerning human subjects and embryo-related research, including the Dickey–Wicker Amendment, executive orders from administrations like George W. Bush and Barack Obama, and policies developed by the National Institutes of Health regarding stem cell lines. It also relates to regulations enforced by the Food and Drug Administration and guidance from institutional bodies such as the Institutional Review Board system and the Office for Human Research Protections. Congressional activity involving figures like Nancy Pelosi and Mitch McConnell continued to influence appropriations riders, while scientific developments at institutions including Salk Institute and companies like CRISPR Therapeutics have driven renewed legislative interest.