13 
research tool and may ultimately lead to many practical benefits to 
mankind, and are accompanied oy uncertainties regarding the risks 
posed to health and the environment by altering the genetic make-up 
of an organism. The findings also establish the constitutional grounds 
to regulate recombinant DNA activities under the commerce clause of 
the constitution, which permits the "Federal Government to regulate 
any activity affecting interstate commerce. 
Therefore, paragraph (1) acknowledges that research and other 
activities involving recombinant DNA will improve the understanding 
of fundamental biological processes, and paragraph (2) cites the 
potential benefits to society which may accrue from the pursuit of 
recombinant DNA activities. 
Paragraph (3) recognizes that while actual hazards have not been 
demonstrated, uncertainties exist regarding the extent to which re- 
combinant DNA, or organisms or viruses modified by recombinant 
DNA may present a risk of injury to health or the environment. The 
argument is then made that if such a risk exists (without saying what 
the magnitude of the risk may be) , then the organisms or viruses which 
pose such a risk may spread quickly and without warning to persons, 
agricultural plants and products, and other items in or affecting com- 
merce. It is this latter statement which argues that if such a risk exists, 
however small, then interstate commerce will be affected. 
Paragrph (4) .further argues that until the uncertainties regarding 
the potential hazards of genetically modified organisms are resolved, 
the public interest requires that the health and welfare of the popula- 
tion of the United States be protected from such hazards, and that 
commerce is dependent upon such protection being provided. Thus, 
it follows from the above that the integrity of interstate commerce 
requires the protection of public health against any risk posed by re- 
combinant DNA activities. 
The final paragrph of the findings (5) then states that in order to 
provide the protection of health required to keep interstate com- 
merce from being adversely affected, any activity involving organisms 
or viruses containing recombinant DNA must be subject to control. 
Thus the constitutional argument for regulation of recombinant DNA 
activities is completed. 
It should be emphasized that the findings do not represent the col- 
lective editorial position of the Committee with respect to the relative 
importance of risks and benefits. Paragraph (3) is a conditional 
statement recognizing that the risks posed, by at least some recom- 
binant DNA activities are uncertain, and that if indeed the possibility 
exists that dangerous organisms could be created by recombinant DNA 
techniques, then it is incumbent upon Congress to regulate such activi- 
ties, since the health of the population and, therefore, interstate com- 
merce, will be adversely affected. Since most experts agree that it is 
very likely possible to create a hazardous organism or virus by recom- 
binant DNA methods, even though it may be highly improbable, the 
argument of paragraph (3) must be considered sound. Only if and 
when it can be , demonstrated that recombinant DNA— containing 
organisms could not possibly pose a health or ecological hazard would 
the argument that to regulate such activities is 'constitutional be con- 
sidered invalid. 
[Appendix B — 143] 
