10 
of Health (NIH) were being sued to restrain the NIH action to permit field 
testing of recombinant DNA containing organisms. This action was filed by 
the Foundation on Economic Trends, Jeremy Rifkin, Michael W. Fox, Environ- 
mental Action, Inc., and the Environmental Task Force on September 14, 1983. 
On September 16, 1983, HHS was informed that the plaintiffs would seek a 
temporary restraining order to prevent RAC from discussing issues in closed 
session at this meeting. Mr. Mitchell said Judge Sirica heard the matter 
this morning, and the temporary restraining order was denied. He noted 
that the reason the session is closed is to safeguard proprietary information. 
Mr. Mitchell said one of the plaintiffs, Mr. Rifkin, had requested permis- 
sion to address the RAC; and in keeping with RAC policy, that request had 
been granted. Mr. Rifkin introduced himself as President of the Founda- 
tion on Economic Trends and read a prepared statement which is appended to 
these minutes as Attachment II. 
Mr. Michael Fox of the Humane Society of the United States said that 
ecological issues are of utmost importance and urged RAC to consider the 
questions posed by Mr. Rifkin. 
Mr. Rifkin asked if there were any ecologists on the RAC. Dr. Clowes 
replied that several members are bacterial ecologists. Dr. Brill said he 
was a RAC member from September 1979 to June 1983, and that he is an 
ecologist. 
Mr. Mitchell enumerated the process by which the proposal of Drs. Lindow 
and Panopoulos of the University of California, Berkeley, was reviewed. 
Mr. Mitchell said this proposal was first brought before the RAC for evalu- 
ation in open session at the October 25, 1982, meeting. A summary of the 
proposal had been published in the Federal Register 30 days prior to the 
meeting for public comment. At the October 25, 1982, meeting, concerns 
were raised and while the RAC recommended approval by a narrow margin of 
seven in favor, five opposed, and two abstentions, the NIH withheld approval 
in a Federal Register notice dated January 10, 1983 (48 FR 1157). The NIH 
indicated that the investigators could bring this or a modified proposal 
to the NIH for consideration at a future RAC meeting and could at that time 
submit additional data from experiments conducted in the laboratory or 
greenhouse . 
A revised proposal was received from Drs. Lindow and Panapolous by the NIH 
and summarized in the March 4, 1983, Federal Register (48 FR 9441). After 
the public comment period, the U.S. Department of Agriculture received one 
letter urging the RAC to consider the request favorably. The RAC reviewed 
the revised proposal at the April 11, 1983, meeting in open session; and 
at that time, RAC recommended approval of the revised proposal by a vote of 
nineteen in favor, none opposed, and no abstentions. 
The USDA Recombinant DNA Committee then reviewed the proposal and recommended 
that it be approved. 
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