S 13312 
CONGRESSIONAL RECORD — SENATE August 2, 1977 
SPECIAL 
INTEREST . ITEM 
RECOMBINANT DNA ACT— S. 1217 
AMENDMENT NO. 7 54 
(Ordered to be printed arid to lie on 
the table.) 
Mr. NELSON. Mr. President. I am to- 
day introducing an amendment in the 
nature of a substitute t6 S. 1217, a bill to 
regulate activities involving recombinant 
deoxyribonucleic acid (DNA) research. 
S. 1217 has generated much new in- 
formation and commentary since its in- 
troduction April 1, 1277. 
The substitute proposal reflects new 
information and views, and differs from 
both the Senate bill (S. 1217) and from 
H.R. 7897, a bill penaing before the 
House Interstate and Foreign Commerce 
Committee, with respect to a number of 
major issues: the nature and the extent 
of regulation necessary to combat poten- 
tial risks from DNA research activities; 
the definition of recombinant DNA ac- 
tivities to be regulated; penalties for 
compliance; the authority of the Fed- 
eral Government to preempt State and 
local regulations. The proposal reflects 
concerns expressed in supplemental 
views filed with the report (No. 95-359) 
of the Human Resources Committee on 
S. 1217. 
We are interested in the views of all 
interested parties on this important leg- 
islation. 
I ask unanimous consent that the 
amendment be printed in the Record 
following these remarks, along with sup- 
plemental views on S. 1217, and an ar- 
ticle in the New York Times, July 31, 
1977, by Walter Sullivan, science editor. 
There being no objection, the mate- 
rial was ordered to be printed in the 
Record, as follows: 
Amendment No. 754 
Strike out all after the enacting clause 
and substitute the following : 
short imr 
Section 1. This Act may be cited as the 
"Recombinant DNA Act". 
FINDINGS 
Sec. 2. The Congress finds that — 
(1) research and other activities Involv- 
ing recombinant DNA will Improve tie 
understanding of fundamental biological 
esses: 
(2) the knowledge gained from such re- 
search and other activities may be of great 
benefit to medicine and agriculture end may 
provide many other benefits to society; 
(3) there exist, however, uncertainties 
regarding the extent to which recombinant 
DNA or organisms or viruses containing re- 
combinant DNA end activities Involving 
recombinant DNA may present a tire of 
Injury to health or the environment, end 
there Is a risk that such organisms and 
viruses may spread quickly and without 
warning to persons, agricultural plants and 
products, and other items In or affecting 
commerce; 
(4) the public interest requires that the 
health and welfare of the population of the 
United States be protec red from such risk, 
and commerce In the United States 1« de- 
pendent upon such protection being pro- 
vided; and 
(5) to effectively accomplish such protec- 
tion and consequently to effectively regulate 
commerce requires that the possession cf 
recombinant DNA and any activity engaged 
In for Its production (whether a research or 
commercial activity) be subject to control. 
AMENDMENT TO THE PUBLIC HEALTH SERVICE 
ACT 
Sec. S. Title IV cf the Public Health Serv- 
ice Act is amended (1) by redesigantlug; 
part I as part J. (2) by redesignating sec- 
tions 471 through 476 (and all references to 
such sections) as section 486 through 431, 
respectively, and (3) by inserting afier part 
H the following new part : 
"Part I — Recombinant DNA 
* ‘DEFINITION S 
“Sec. 471. For purposes of this part: 
“(1) The term ’DNA’ means deoxyribonu- 
cleic acid. 
“(2) The term ‘recombinant DNA’ means 
DNA molecules consisting of segments of 
DNA from different genomes which have been 
Joined together outside of living cells and 
which have the capacity to Infect seme host 
cell and be maintained therein and which 
are novel. Novel' means, molecules that con- 
sist of segments of any DNA from different 
species that are not known to exchange 
chromosomal DNA by natural physiological 
processes. The Secretary shall prepare a list 
of DNA combinations (viral, extrachromo- 
somal. or chromosomal) which are not novel. 
Recombinant DNA molecules formed from 
any combination of DNA's will not be con- 
sidered novel when all of the components 
are derived from genomes known to replicate 
naturally within the organism used to pro- 
pagate the recombinant DNA. 
"(3) The term ‘local biohazards commit- 
tee' means a local biohazards committee es- 
tablished in accordance with section 475, and 
the term 'Advisory Committee" means the 
Recombinant DNA Advisory Committee es- 
tablished under section 481. 
“(4) The possession In a State cf recom- 
binant DNA by any individual or public or 
private entity and any activity (including 
research and transportation) undertaken In 
a State by any individual or public or pri- 
vate entity for the production of recom- 
binant DNA are collectively referred to as 
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