73 
tional right, power, privilege, or immunity : in excess of statutory 
jurisdiction, authority, or limitations, or short of statutory right; 
or without observance of procedure required by law." See, e.g.. Louisi- 
ana v. Waihews for an example of application of tins standard. Clearly 
these standards are much different from a test to determine whether 
agency action is "wholly irrational." 
Finally, you have asked for legal precedent which supports the 
following statement from page eight of Mr. Unit's letter: "All that 
is needed to support regulations under this provision is either appre- 
hension or uncertainty about the possibility of potential harm, the 
lack of adequate information showing that the harm cannot occur, 
and the possibility that the harm would be serious (e.g.. irreversible) 
if did occur." That standard is not found in the statute or in the 
regulations promulgated under it. X or has any court, to our knowledge, 
applied such broad language. Certainly more is needed than merely 
"the lack of adequate information showing that the harm cannot occur" 
to justify intrusive government regulation. 
Again, we hope this is responsive to the questions you have asked. 
If we can be of further assistance, please feel free to call on us. 
Doxxa C. Pa rut att. 
Legislative Attorney. 
ATTACHMENT E 
The Uxder Secretary of Health. Educatiox. axd 'Welfare, 
Washington. D.C.. Way 1073. 
Hon. Harrisox A. Williams. Jr.. 
Chairman. Committee on Human Resources , 
UW. Senate. Washington. D.C. 
Dear Pete: I understand the Human Resources Committee will 
discuss possible action regarding DXA legislation in a markup ses- 
sion on Thursday, Mav I. 
I am enclosing a letter from the Secretary to Senator Stevenson and 
Dr. Fredrickson's testimony before the House Science and Technology 
Committee which express our strong support for passage of legislation 
similar to H.P.. 11192. We dc net believe Section 361 represents ap- 
propriate authority to achieve uniform regulation of DXA activities. 
In view of imminent House passage of IT.E. 11192. we would urge the 
Human Resources Committee to consider passage of comparable 
legislation. 
Sincerely yours, 
Hale Cilympiox. 
U nder Secretary. 
The Secretary of Health. Educatiox. axd Welfare, 
Washington. D.C. , Febmary 27, 1978. 
Hon. Adlai E. Stevexsox. 
Chairman, Subcommittee on Science. Technology , and Space. Com - 
mittee _ on Commerce, Science, and Transportation, U.S. Senate, 
Washington, D .C . 
Dear Adlai : This is in response to your letter of November 30. 1977, 
regarding our current and proposed authorities related to the control 
[Appendix B — 332] 
