76 
writing rules more restrictive than the existing National Institutes of 
Health guidelines. 
Meanwhile at a meeting last month the XIH committee that wrote 
the guidelines approved several important changes, including a pro- 
posal to delegate authority for initial approval of recombinant DXA 
experiments from the XIH to institutional committees. Experiments 
would still be reviewed by XIH. but could begin as soon as local ap- 
proval was obtained, cutting bureaucratic delay by some 3 to 4 months. 
The XIH committee also proposed reducing experiments with viruses 
to much lower containment levels. 
If Congress fails to pass a bill, the Administration will then have 
to choose between continuing the present approach of voluntary ad- 
herence to the NIH guidelines, and invoking existing legal authority 
to give the guidelines the force of legislation. Each choice has its own 
advantages and difficulties. 
It is far too early, however, to rule out the possibility of a Senate 
bill. The latest move by Kennedy's staff aides is not as inconsistent as 
it may seem. Although it is ascribed by aides to a change in Kennedy's 
perception of the hazards over the last 10 months, Kennedy has always 
seemed to be less interested in the possible risks of the research than 
in the pi’inciple of allowing the public and local authorities a voice in 
decisions about research. The bill pending in the House, which also 
has strong general support from certain senators, would preempt that 
role. Probably not having the votes to defeat preemption in the 
Senate, Kennedy s staff may hope to obtain the same end by inaction. 
Those who favor preemption, such as the XIH. and the American 
Society of Microbiologists, may therefore press for a Senate bill to 
be passed. Other interested parties, such as Senator Adlai Stevenson, 
may also favor a Senate bill if the Administration declines to use 
, existing powers. 
Where matters now stand is that, at a meeting of staff aides of the 
Senate human resources committee on 1 May, it was decided that Ken- 
nedy would write to HEW Secretary Joseph Oalifano to the effect 
that legislation seemed unnecessary if the Administration were pre- 
pared to use already existing powers. 
Calif ano's response is hard to predict because the thought of no 
legislation at all is too new for people to have decided what they 
would like to do instead. Xor is the Administration all of one mind. 
The XIH favors strong preemption, believing that a law without pre- 
emption would be the worst of both worlds. For this, among other rea- 
sons, the agency is lukewarm toward invoking existing authorities, 
such as Section 361 of the Public Health Service Act, which gives the 
Secretary of HEW sweeping powers to control communicable diseases 
but not to preempt state governments. 
Other parts of the Administration, however, such as the White 
House staff, are not so hot for preemption and could live with Section 
361. As the result of an internal compromise. XIH director Donald 
Frederickson recently testified in support of a weaker form of pre- 
emption than that stipulated in the House bill. 
“It is our judgment that many aspects we desire could be achieved 
under Section 361,” says Gilbert Omenn, a staff member of the Presi- 
dent's science adviser’s office. But he also notes that voluntary compli- 
ance has worked well. 
[Appendix B — 335] 
