IX 
the Federal agency should be empowered to waive Federal preemption 
if a State or local government presents convincing reasons in support 
of stricter standards. States and localities should also be permitted to 
take other actions to assure their citizens that the Federal standards 
are being observed. "While this limited preemption could not be accom- 
plished under section 361 of the Public Health Service Act. the sub- 
committee's recommendation does not differ significantly from the 
status quo; few communities have imposed requirements exceeding 
the standards incorporated in the XIH guidelines. Legislation should 
not expire earlier than 3 years after its enactment in order to have 
sufficient time to assess the effect of and need for Federal standards. 
C ommercial applications 
The subcommittee recommends maximum use of existing statutory 
authorities to require premanufacturing and premarketing review, 
testing, quality controls in manufacture, and safe transportation and 
disposal of recombinant DXA products and materials. For example, 
regulation of pesticidal applications should remain with the Environ- 
mental Protection Agency, employee health and safety with the Occu- 
pational Safety and Health Administration, drugs and related prod- 
ucts with the Food and Drug Administration, and transportation of 
materials with the Department of Transportation. 
The Environmental Protection Agency has authority under the 
Toxic Substances Control Act to regulate uses of recombinant DXA 
molecules not covered by other statutes. The relatively few weaknesses 
in these laws should be corrected by use of supplementary authorities 
such as section 361 of the Public Health Service Act and the plant 
and animal quarantine laws or by amendment. 
To avoid conflicting regulation by different agencies of recombinant 
DXA activities, there will be a need for effective coordination; memo- 
randa of understanding or an Executive order should be used to 
clarify agencies’ responsibilities. These agencies should also receive 
additional funds and personnel to carry out their duties, depending 
upon the rate of development of recombinant DXA technology. 
[Appendix B — 260] 
