34 
ticn should not specify the committee’s composition in detail. The 
subcommittee carefully considered Roy Curtiss’ proposal to establish 
two independent advisory committees, but concluded that the technical 
and social policy aspects of even the physical and biological contain- 
ment standards or host-vector approval cannot be readily distin- 
guished. Moreover, communication among scientists and nonscientists 
who advise the Secretary should be encouraged rather than inhibited. 
The enlarged advisory committee should continue to exercise the func- 
tions assigned to the XIH Recombinant Advisory Committee, of rec- 
ommending changes in the regulations and evaluating host-vector 
systems submitted for certification. 
The subcommittee recommends that the chief administrative officer 
of any institution, company, or laboratory conducting recombinant 
DXA research be required to appoint a committee whose members 
should include scientists not engaged in recombinant DXA work, rep- 
resentatives of laboratory workers, and public members not affiliated 
with the institution. Again, however, the responsible official should 
have some discretion in the appointments. 
The subcommittee doubts that part-time members of institutional 
committees will have sufficient time and motivation to monitor experi- 
ments regularly and to investigate thoroughly allegations of viola- 
tions of the regulations. The committee's primary responsibilities 
should be to approve research facilities and procedures for individual 
projects, oversee the training of researchers and laboratory workers, 
and serve as a channel of communications between researchers and the 
Department of HEW. This role, though more limited than that 
implied by the current guidelines and proposed changes, is nonetheless 
essential to insure compliance with the recombinant DXA research 
standards. 
The subcommittee finds that States and localities have generally 
recognized that compliance with the physical and biological contain- 
ment standards of the XIH guidelines provides adequate assurance of 
safety in the conduct of recombinant DXA research. Actions by States 
and communities to prohibit some or all experiments or to impose 
higher containment standards than are required by the Federal Gov- 
ernment could impede scientific inquiry and the development of bene- 
ficial uses of recombinant DXA technology. Congress may preempt 
State and local regulations that impose such a burden on interstate 
commerce. On the other hand, the subcommittee recognizes the respon- 
sible nature of most State and local government actions to date and 
the value of informed citizen participation in developing policies gov- 
erning scientific activities. In addition, observance by researchers of 
Federal standards is likely to vary among localities and laboratories. 
Many communities have demonstrated an interest in attempting to 
insure compliance with the XIH guidelines and have experience in 
related areas. 
For these reasons, the subcommittee recommends a partial Federal 
preemption of State and local regulation of recombinant DXA re- 
search. Under this provision, a State could not by regulation or legis- 
lation directly or effectively prohibit experimentation or require phy- 
sical or biological containment measures exceeding those required by 
the Federal Government, unless the Secretary of HEW elects to waive 
[Appendix B — 293] 
