27 
The comriiittee also acknowledges that it is an important Constitu- 
tional prerogative for State and local governments to pe able to deal 
legally with; issues which are primarily focal in nature, ^yhere Federal 
action Would be inappropriate. It is to be noted, hqweyey, that local 
action is not always based upon a careful consideration or under- 
standing' of the -Available facts on a particular issue. It is thus the 
committee’s intent that any additional or more stringent requirements 
which are to be imposed be truly justified on factual and, rational 
grounds, and only because a convincing argument can be made tha£ 
the Federal requirements provide inadequate protection of public 
health or. the environment. That is, it is the Committee’s view that 
responsible local action be permitted but that arbitrary or unjustified 
local legislation would not only be unnecessary, but might seriously 
impede the important freedom which should be afforded to scientific 
inquiry 1. 
10.6(b) Procedure <md criteria for allowing of State and local r^ 
quifements 
Subsection 106(b) sets forth the criteria whereDy a State or local 
government may impose additional or more stringent requirements 
governing the conduct of recombinant DNA activities. Specifically, 
paragraph (1) precludes the possibility of a more lenient require- 
ment from being imposed locally, and paragraph (2) states th^t the 
requirement must be shown to be necessary to protect health or the 
environment! It is this latter provision which is the basis for any State 
or local laws which will be permitted to, override the Federal 
regulations* i " . . 
The State or local government is required in subsection (, b) to for- 
mally petition the Secretary for an exemption from subsection (a) 
for specific requirements, including the reasons why such requirements 
are indeed necessary, to protect health or the environment. It follows 
that such a petitioner application must include an argument that; the 
Federal standards are not adequate to protect health or th^ environ- 
ment, at least, in the specific local circumstances under consideration. 
The Secretary must grant an oral hearing to the petitioner, no later 
than 60 days from the date the application is submitted! The presiding 
officer, shall, upon the ’Conclusion of the hearing make written recom- 
mendation to the Secretary respecting approval of the application! 
106(c) The Secretary' $ decision on whether or not to permit State or 
local requirement# 
In making his decision whether to approve or to disapprove the ap- 
plication, the Secretary must take into account any local conditions 
which would significantly alter the effectiveness of the Federal require- 
ments. That is, the arguments of the State or local government regard- 
ing the adequacy of the Federal standards must be viewed specifically 
in the context of the local situation in which they are to be applied, 
unless it is the petitioner’s intent to show that there is. some general 
deficiency in the Federal requirements. In the latter case, if the Sec T 
retary finds that a general inadequancy of the Federal requirements 
has been demonstrated, he should take measures to amend the Federal 
standards to correct the deficiency. 
If the Secretary determines that a State or local government has 
shown that an additional or more stringent requirement is necessary, 
[Appendix B — 157] 
