CONGRESSIONAL RECORD — SENATE 
S 13316 
visions of paragraph (1) of this subsection, 
the Secretary or a local biohazards commit- 
tee may not rely on subsection (b) (3) of such 
section 552 to sustain the Secretary's or 
committee's action. 
"(b) Subsection (a)(1) does not prohibit 
the disclosure of any statement of an evalua- 
tion of risks submitted under section 473 
0>)(5). 
"(c)(1) In submitting data under this part, 
the Individual or entity submitting the data 
may (A) designate the data which such in- 
dividual or entity believes is entitled to con- 
fidential treatment under subsection (a) (1), 
and (B) submit each designated data sep- 
arately from other data submitted under 
this part. A designation under this para- 
graph shall be made in writing and in such 
manner as the Secretary may prescribe. 
"(2) (A) Except as provided in subpara- 
graph (B), if the Secretary or a local bio- 
hazards committee proposes to release for 
inspection data which has been designated 
under paragraph 1 1 > ( A ) . the Secretary cr 
committee shall notify, in writing and by 
certified mail, the individual or entity which 
submitted such data of the intent to release 
such data. If the release of such data is to be 
made pursuant to a request made under sec- 
tion 552(a) of title 5. United States Code, 
such notice shall be given immediately upon 
approval of such request by the Secretary or 
committee. The Secretary or committee may 
not release such data until the expiration of 
thirty days after the Individual or entity 
submitting such data has received the notice 
required by this subparagraph. 
(B) Subparagraph (A)'shall not apply to 
the release of Information under subpara- 
graph (A), (B), or (C) of paragraph (1) of 
subsection (a), except that the Secretary 
may not release data under subparagraph 
(B) of such paragraph ( 1 ) unless the Sec- 
retary has notified each individual or entity 
who submitted such data of such release. 
Such notice shall be made In writing by 
certified mail at least fifteen days before 
the release of such data, except that if the 
Secretary determines that the release of such 
data . Is necessary to protect against an 
Imminent, unreasonable risk of injury to 
health or the environment, such notice may 
be made by such means as the Secretary 
determines will provide notice at least 
twenty-four hours before such release Is 
made. 
(d) Any officer or employee of the United 
States (Including any member or employee 
of the Advisory Committee) or member or 
employee of a local biohazards committee or 
former officer or employee of the United 
States or former member or employee of such 
a committee, who by virtue of such employ- 
ment or official position has obtained posses- 
sion of, or has access to, material the dis- 
closure of which Is prohibited by subsection 
(a) . and who knowing that disclosure of such 
material Is prohibited by such subsection, 
willfully discloses the material tn any man- 
ner to any person not entitled to receive It, 
shall be guilty of a misdemeanor and fined 
not more than $5,000 or imprisoned for not 
more than one year, or both. Section 1905 
of title 18, United States Code, does not ap- 
ply with respect to publishing, divulging, 
disclosing, making known, or making avail- 
able information reported or otherwise ob- 
tained under this part. 
(e) Notwithstanding any limitation con- 
tained in this section or any other provision 
of law, all information reported to or other- 
wise obtained by the Secretary (or any rep- 
resentative of the Secretary) or by any local 
biohazards committee, under this part shall 
be made available, upon written request of 
any duly authorized committee of the Con- 
gress, to such committee. 
“(f) Each local biohazards committee shall 
be considered an agency for purposes of sec- 
tion 552 of title 5. United States Code. 
“ADVISORY COMMITTEE 
“Sec. 481. (a) There Is established the 
Recombinant UNA Advisory Committee 
which shall 3dvise the Secretary and make 
recommendations to the Secretary for the 
eflective administration of this part. 
"(b) The Advisory Committee shall con- 
sist of seventeen members appointed by the 
Secretary from Individuals who by virtue of 
their training or experience are qualified to 
participate in the functions of the Advisory 
Committee. Of the individuals appointed as 
members of the Advisory Committee (1) one 
shall be representative of the Interests of 
nouprofessional personnel engaged In recom- 
binant DNA activities; (2) one shall be rep- 
resentative of the interests of entities en- 
gaged In such activities for commercial pur- 
poses; and (3) at least nine shall be Indi- 
viduals who are not actively engaged in any 
recombinant DNA activity and do not have 
a direct financial Interest in such an activity. 
Of those nine Individuals, at least four shall 
be scientists who are knowledgeable in the 
various scientific and medical disciplines 
necessary for an evaluation of the potential 
risks to health and the environment pre- 
sented by recombinant DNA activities. 
Receipt of a salary 1 from an Institution 
that sponsors recombinant DNA activity 
shall not qualify as a direct financial inter- 
est. One member of the Advisory Committee 
shall be a specialist in public health, one 
shall have background In the ethical con- 
cerns Involved in biomedical research, and 
three shall represent the Interests of the gen- 
eral public. The term of office of a member 
of the Advisory Committee shall he three 
years, except that of the members first ap- 
pointed to the Advisory Committee, six shall 
be appointed for a term of one year and six 
shall be appointed for a term of two years, 
as designated by the Secretary at the time of 
appointment. Section 14 of the Federal Ad- 
visory Committee Act shall not apply with 
respect to the duration of the Advisory Com- 
mittee. 
"(c) Members of the Advisory Committee 
(other than officers or employees of the 
United States), while attending meetings or 
conferences of the Advisory Committee or 
otherwise engaged Ln Its business, shall be 
entitled to receive compensation at rates to 
be fixed by the Secretary, but not at rates 
exceeding the daily equivalent of the rate 
In effect for grade GS-18 of the General 
Schedule, for each day so engaged, including 
traveltime; and while so serving away from 
their homes or regular places of business 
each member may be allowed travel expenses 
(Including per diem in lieu of subsistence) 
as authorized by section 5703 of title 5. United 
States Code, for persons ln the Government 
service employed Intermittently. 
"EMPLOYEE PROTECTION 
"Sec. 482. (a) No employer may discharge 
any employee or otherwise discriminate 
against any employee with respect to the 
employee's compensation, terms, conditions, 
or privileges of employment because the em- 
ployee (or any person acting pursuant to a 
request of the employee) has— 
"(1) commenced, caused to be commenced, 
or is about to commence or cause to be com- 
menced a proceeding under this part, 
"(2) testified or is about to testify ln any 
such proceeding, or 
"(3) assisted or participated or is about to 
assist or participate in any manner ln such 
a proceeding or In any other action to en- 
force any requirement of *his part. 
"(b) (1) Any employee who believes that 
he has been discharged or otherwise discrimi- 
nated against by any person in violation of 
subsection (a) of this section may, within 
thirty days after such alleged violation oc- 
curs, file (or have any person file on the em- 
ployee’s behalf) a complaint with the Secre- 
tary of Labor (hereinafter ln this section re- 
ferred to as the 'Secretary') alleging such 
August 2, 1977 
discharge or discrimination. Upon receipt of 
such a complaint, the Secretary shall notify 
the person named ln the complaint of the 
filing of the complaint. 
"(2) (A) Upon receipt of a complaint filed 
under paragraph (1), tho Secretary shall 
conduct an Investigation of the violation al- 
ledgc-d in the complaint. Within thirty days 
of the receipt of such complaint, the Secre- 
tary shall complete such Investigation and 
shall notify ln writing the complainant (and 
any person acting on behalf of the complain- 
ant) and the person alleged to have comit- 
ted such violation of the results of this in- 
vestigation conducted pursuant to this sub- 
paragraph. Within ninety days of the re- 
ceipt of such complaint the Secretary shall, 
unless the proceeding on the complaint is 
terminated by the Secretary on the basis of 
a settlement entered Into by the Secretary 
and the person alleged to have committed 
such violation, issue an order either provid- 
ing the relief prescribed by subparagraph (B) 
or denying the complaint. An order of the 
Secretary shall be made on the record after 
notice and opportunity for agency hearing. 
The Secretary may not enter into a settle- 
ment terminating a proceeding on a com- 
plaint without the participation and consent 
of the complainant. 
"(B) If in response to a complaint filed 
under paragraph ( 1 ) the Secretary deter- 
mines that a violation of subsection (a) of 
this section has ocerured. the Secretary shall 
order (1) the person who committed such 
violation to take affirmative action to abate 
the violation, and (li) such person to rein- 
state the complainant to the complainant's 
former position together with the compen- 
sation (including back pay), terms, condi- 
tions, and privileges of the complainant's 
employment. If such an order Is Issued, the 
Secretary, at the request of the complainant, 
shall assess against the person against whom 
the order is issued a sum equal to the ag- 
gregate amount of all costs and expenses (in- 
cluding attorney's fees) reasonably incured, 
as determined by the Secretary, by .the com- 
plainant for, or in connection with, the 
bringing of the complaint upon which the 
order was issued. 
“(c)(1) Any employee or employer ad- 
versely affected or aggrieved by an order Is- 
sued under subsection (b) may obtain review 
of the order ln the United States court of 
appeals for the circuit ln which the viola- 
tion, with respect to which the order was 
Issued, allegedly occurred. The petition for 
review must be filed within sixty days from 
the Issuance of the Secretary's order. Review 
shall conform to chapter 7 of title 5 of the 
United States Code. 
“(2) An order of the Secretary, with re- 
spect to which review could have been ob- 
tained under paragraph (1), shall not be 
subject to Judicial review ln any criminal 
or other civil proceeding. 
“(d) Whenever a person has failed to 
comply with an order Issued under subsec- 
tion (b)(2), the Secretary shall file a civil 
action ln the United States district court for 
the district ln which the violation was found 
to occur to enforce such order. In actions 
brought under this subsection, the district 
courts shall have Jurisdiction to grant all 
appropriate relief, including Injunctive re- 
lief. Civil actions brought under this subsec- 
tion shall be heard and decided expedi- 
tiously. 
"(e) Subsection (a) of this section shall 
not apply with respect to any employee who, 
acting without direction from the employee’s 
employer (or any agent of the employer), 
deliberately causes a violation of any re- 
quirement of this part. 
“RELATIONSHIP TO OTHER FEDERAL LAWS 
"Sec. 483. (a) Except as provided ln sub- 
section (b), notwithstanding any other pro- 
vision of law. this section shall limit the 
authority of any Federal agency to regulate 
[80S] 
