APPENDIX J 
(10) Preemption : 
The legislation should specifically preempt all State and local 
laws regulating the production or use of recombinant DNA molecules; 
except that where a State passes a law imposing requirements identical 
to those contained in the Federal legislation, the Secretary should 
have discretion to enter into an agreement with the State to carry out 
the Secretary's responsibilities under the legislation. 
(11) Enforcement; 
The legislation should contain provisions for enforcement and sanctions. 
(12) Employee rights : 
The legislation should contain protections for employees who cooperate 
in the enforcement of these provisions. 
(13) Sunset : 
The legislation should remain in effect for a period of five years 
from the date of enactment, unless further action is taken by Congress. 
VI . Suggested Elements for Legislation: Committee Analysis 
In considering these elements for proposed legislation, a number of 
issues were raised and discussed by the Committee. The issues that the 
Committee considered of importance are described below. 
(1) Definition of the Term " Secretary " : 
The Committee considered the appropriate locus in the Government for 
the regulation of the use and production of recombinant DNA molecules. 
It determined that the Department of Health, Education, and Welfare 
Appendix J — 16 
