13 
IX. Effect on State and local requirements 
The Committee believes that there are certain circumstances under 
which states and local political subdivisions should have the right to 
petition the National Commission for exemption from Federal pre- 
emption. The Committee is mindful of the difficult positions that 
research institutions are in if they are not given a clear and consistent 
set of procedures to follow, and is wary of the concerns expressed in 
the hearings about multiple laws and standards to be met. Thus, state 
and local preemption is viewed as a necessary exception and not the 
rule. States and local communities are encouraged, however, to study 
their own situations, to involve their communities in public dialogues, 
and to see if an application for an exemption from preemption is 
necessary. 
The Committee has thus devised a procedure whereby exemptions 
may be granted under certain circumstances. Under these procedures, 
an exemption may be granted only if the Commission finds that all 
the following conditions are met : the requirement of the state or po- 
litical subdivision of the state applicable to recombinant DNA activi- 
ties is more stringent than the national requirements and that it can 
be administered so as to be more stringent than the national require- 
ments ; the reason for the more stringent requirement must be relevant 
and material to the health and environmental concerns of that state 
or local community or to comparable compelling local conditions which 
are neither health nor environmental concerns. In addition, the exemp- 
tion cannot be granted unless the Commission find that compliance with 
the exemption would not cause the activities to be in violation of any 
other section of this act, or if the Commission finds that the local re- 
quirement is arbitrary and capricious. The Committee believes that this 
approach protects both the right of the states and local political sub- 
divisions to become fully involved in the safety regulation of recom- 
binant DNA activities in their own communities, and at the same time 
protects researchers from unnecessary and harassing intrusions into 
their research activities. 
X. Registration of recombinant DNA projects 
The Committee believes that full knowledge of projects being car- 
ried out is necessary if regulation to ensure the safe conduct of recom- 
binant DNA activities is to be effective. Therefore, it is required that 
each Institutional Bio-Hazards Committee approve each recombinant 
DNA project and each project be registered with the National Com- 
mission. Only in this manner, the Committee believes, can the extent 
and nature of recombinant DNA activities in the United States be 
known. 
XI. Relationship to other Federal laws 
The Committee is concerned that conflicts and confusion may arise 
between the Commission’s requirements and those of other Federal 
agencies. These conflicts may cause a hardship on institutions conduct- 
ing recombinant DNA activities because these institutions may not 
know which requirements are to be complied with. Therefore, the 
Committee designed this provision to overcome this potential prob- 
lem and to eliminate duplication and inconsistencies. It is the Com- 
mittee’s intent that the National Commission should be the lead agency 
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