3 
(3) Give inspection authority to the Secretary of HEW and 
empoyer him to enforce the Guidelines, as appropriate, by (a) 
suspension of research grant funds, (b) a civil penalty ($5,000) 
or (c) seeking an injunction through tne courts; 
(4) Preempt States or political subdivisions thereof from es- 
tablishing or continuing in effect any requirement for the regu- 
lation of recombinant DNA activities. However, the Secretary 
would be authorized, upon application aud after considering 
local conditions, to approve a State or local requirement if it is 
the same as, or more stringent than a Federal requirement and 
if the additional requirement is necessary to protect health or 
the environment ; and 
(5) Establishes a study commission to evaluate Federal policy 
on activities involving genetic manipulation as well as the long 
term applications of gene splicing technology. 
The interim controls and the study commission are established for 
2 years. The Committee anticipates that within 1 to iy 2 years after 
enactment, the appropriate Congressional subcommittees would exer- 
cise their oversight responsibilities to assess the current need for uni- 
form standards and the performance of DHEW in administering the 
NIH standards to all parties. Based upon the performance or the 
Department and the current state of the art, appropriate legislation 
will be developed as needed. 
SUMMARY OF THE LEGISLATION 
Scope of legislation 
The safety standards cited in this act, as well as any administra- 
tive requirements or regulations promulgated by the Secretary, would 
cover any activities (including research, transportation or commer- 
cial activities) involving recombinant DNA molecules which are ad- 
dressed in section III of the NIH Guidelines, unless specifically 
exempted under this act. They would, therefore, apply to all private 
and governmental entities engaged in such activities. 
Only activities involving recombinant DNA molecules which are 
formed by joining DNA segments outside of living cells are included 
in Title I of this Act, which establishes interim regulation of recom- 
binant DNA activities. However, the scope of the study commission 
as set forth in title II, includes all types of genetic manipulation. 
This act expires 2 years from the date of enactment. 
Administrative responsibility 
The responsibility for implementing the Recombinant DNA Act 
would rest entirely with the Secretary of Health, Education, and Wel- 
However, the legislation would not affect the authority of any 
other Federal agency which has jurisdiction over certain activities 
which are m some way relevant to recombinant DNA. Specifically, no 
° i Occupational Safety and Health Act would be suber- 
ceded by the Recombinant DNA Act. Where appropriate, other Fed- 
eral agencies would be expected to cooperate with DHEW in carry- 
ing out its responsibilities under this Act. 
[Appendix B — 191] 
