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respect to recombinant DNA activities that is different from or any 
addition to, any requirement applicable under this part except as pro- 
vided in subsection (b). Subsection (b) states that upon receipt of an 
application by a State or by a political subdivision of a State and after 
notice and opportunity for a hearing on the record, the Commission 
within 3 months from the date of the application, shall grant on exemp- 
tion under this subsection only if it finds : 
(A) that the requirement of a State or political subdivision of 
a State applicable to recombinant DNA activities is, and will be 
administered so as to be, more stringent than a requirement under 
this bill ; 
(B) the reason for the requirement is relevant and material to 
the health and environmental concerns or comparable compelling 
local conditions of such State or political subdivision ; and 
(C) compliance with the requirement will not cause such activ- 
ities to be in violation of any applicable requirement under this 
title. 
The Commission may not withdraw any such exemption for so long 
as it finds that such requirement remains more stringent than a re- 
quirement under this bill and continues to be so administered. The 
Commission shall not grant an exemption under this subsection if the 
Commission finds that such a requirement is arbitrary and capricious. 
Subsection (c) provides that an application for an exemption may 
be accompanied by any materials gathered by the applicant in its 
legislative or administrative consideration of the existing or proposed 
requirement. Furthermore, upon receipt of an application, the Com- 
mission shall publish the application as a proposal in the Federal 
Register, accompanied by a description of any support materials. 
Subsection (d) states that it is not the intent of the Congress that 
enactment of this will, promulgation of regulations under this bill 
or compliance with this bill should be considered to in any reduce or 
affect the common law or statutary rights or remedies of any person 
regarding DXA activities. 
JUDICIAL REVIEW OF LICENSING 
Section 1814 of bill S. 1217 provides for judicial review of licensing. 
Any person adversely affected by an action of the Commission under 
section 1803 or 1805 concerning the issuance, revocation, suspension, 
or limitation of a license, may obtain review of the action in the U.S. 
court of appeals for the circuit in which that person resides or has 
his principal place of business. The petition for review must be filed 
within 60 days of the date notice of such action is received by the 
person. Review shall conform to chapter 7 of title 5 of the United 
States Code. 
An action with respect to which review could have been obtained 
under this section shall not be subject to judicial review in any other 
proceeding. 
EMPLOYEE PROTECTION 
Section 1815 of bill S. 1217 prohibits an employee from discharging 
any employee or otherwise discriminating against any employee with 
respect to the employee^ compensation, terms, conditions or privileges 
of employment because the employee has — 
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