12 
different levels of expression. Dr. Levine said he had suggested use of 
plasmids pBR322 and pBR325 since risk assessment studies have shown these 
plasmids to be biologically contained. He asked Dr. O'Brien if the research 
could proceed if the motion specified use of these two plasmids. Dr. O'Brien 
said her group could use these plasmids; she pointed out, however, that one 
cannot predict in advance whether a cloning vehicle will be useful. 
Dr. Landy explained that for reasons not currently understood sane genes 
are clonable in one plasmid but not in another. 1 
Mr. Rifkin then read to RAC a request (Attachment II) concerning the Shiga 
toxin cloning experiments; he requested RAC table indefinitely Dr. O'Brien's 
proposal and that RAC refuse to consider any further request from the 
Uniformed Services University of the Health Sciences (US CHS) until such 
time as the Department of Defense (DOD) and the Arms Control and Disarmament 
Agency (ACDA) conform with Section 36 of the Arms Control and Disarmament 
Act by preparing an arms control inpact statement. 
Mr. Rifkin said that if this experiment or any other experiment authorized 
by RAC is later modified and used for the specific purpose of developing 
and employing biological warfare weapons each member of the committee 
would be personally liable under international law and the principles 
enunciated at Nuremburg. 
Mr. Mitchell pointed out that in June 1982 the RAC discussed a proposal to 
specifically state in the Guidelines that use of recombinant DNA techniques 
for biological warfare is prohibited. At that time, representives from 
ACDA and DOD indicated that the U.S. is adhering to the 1972 Biological 
Weapons Convention. 
Mr. Rifkin said he was not suggesting that DOD is in violation of the 1972 
Biological Weapons Convention. Rather he is saying that a technology having 
the potential to be used for military purposes must have an arms control 
inpact statement. Mr. Rifkin said the legislative history of Section 36 of 
the Arms Control and Disarmament Act indicates that non-weapons technology 
would also be covered by the Act. He said that research with toxins could 
be applied to nonpeaceful as well as peaceful purposes. Mr. Mitchell said 
it is not within RAC's purview to supervise ACDA activities. 
Dr. McKinney called the question. By a vote of thirteen in favor, three 
opposed, and one abstention, the question was called. 
Dr. Levine restated his motion as follows; 
"That Drs. O'Brien and Holmes and co-workers be allowed to 
proceed with cloning the gene for Shiga-like toxin under P2 
physical containment conditions in E. coli K-12 restricted 
to using EK2 plasmid vectors commencing first with the use 
of pBR325 and pBR322 and proceeding to other EK2 plasmid 
vectors only if those are unsatisfactory." 
[257] 
