20 
by otherwise applicable NEPA requirements. ThpSecretary should, 
of course, promptly proceed to prepare an EIS with respect to these 
regulations and complete it as early as possible. However, if . the EIS 
is not completed witnin that 90-day period, the regulations shall then 
be promulgated notwithstanding the absence of the ElS. It is tjie 
committee’s understanding that the Secretary will complete and file an 
EIS on all the guidelines and administrative regulations, as expedi- 
tiously as practicable, even after promulgation of the administrative 
regulations, and that such EIS will be considered in determining 
whether (and if so, how) to revise the initial requirements, end ad- 
ministrative regulations. 
Furthermore, NEPA would apply to any revisions either of the ini- 
tial requirements promulgated under section 102(a) (2), or of the ad- 
ministrative regulations under section 102(d) of the Committee bill. 
SECTION 103. PROHIBITED ACTS AND PENALTIES 
103(a). Prohibited acts 
Paragraph (1) of subsection (a) sets forth, for the purposes of any 
enforcement action which may be required, the stipulation that it is, 
illegal to violate the requirements of section 102. Paragraph (2) pro- 
hibits the movement of any recombinant DNA or other material in 
violation of a detention order issued under section 105 (Inspections). 
Paragraph (3) establishes the requirement that it is illegal under the 
legislation to fail or refuse to (A) establish or maintain records, 
(B) make reports or provide information, or (C) permit entry or 
inspection. 
103(b). Civil 'penalties 
Paragraph (1) authorizes a civil penalty of up to $5,000 for each 
violation of subsection (a), where each day a violation continues is, 
considered a separate violation. While the word “person” may be in- 
terpreted with some latitude by the courts, it is intended that the en- 
tity legally responsible for the conduct of a particular recombinant 
DNA activity be legally responsible for any fines assessed for a viola- 
tion under this act. For example, if an assembly line worker in a 
pharmaceutical company were to, violate some provision of section 102, 
his or her employer could be held legally responsible. Whether or not 
the individual would also be held responsible would depend upon the 
specific circumstances of the violation. In some instances, where a will- 
ful and knowing violation was committed by an individual, in spite 
of efforts by his or her employer to inform that person of the appli- 
cable requirements, then that individual might be held solely liable* Of 
course, prosecutorial discretion ultimately would resolve the issue on a 
case by case basis. 
103(b)(2) provides that the Secretary shall assess a civil penalty 
by an order made on the record after an opportunity for a hearing in 
accordance with section 554 of the Administrative Procedure Act (Ad- 
judications) . A person against whom a civil penalty is to be assessed 
has fifteen days from the date of receipt of a written nptice from the 
Secretary stating his proposal to issue such an order, in which to re- 
quest a hearing on the order. 
[Appendix B — >150] 
