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Section 103. Prohibited Acts and Penalties 
The committee agrees with the Committee on Interstate and Foreign 
Commerce that it is important for agencies other than DHEW which 
support recombinant DNA activities to cooperate with the Secretary 
should he request cancellation or Withholding of grant payments for 
violation of regulations. The committee would also like to emphasize 
its agreement that any penalties or sanctions be administered carefully 
and with fairness to all concerned. 
To insure that the Secretary, in his enforcement procedures, not be 
required to levy civil penalties in every case of violation of the regula- 
tions, no matter how trivial, technical or unintended, the Committee 
substituted the word “may” for “shall” (page 8, line 22). Since the 
language of this section, however, can be read several different ways, 
the change made by the Committee has created a different problem 
concerning enforcement methodology. It is expected that a corrective 
amendment will be offered on the floor. 
Section 104- Injunction Authority ; Emergency Procedure 
In its report the Committee on Interstate and Foreign Commerce 
states that it “views this provision as one which citizens can use to 
ensure enforcement of the guidelines.” In other words it is intended 
that any citizen can bring action in Federal court to obtain an injunc- 
tion for an alleged violation of the guidelines. 
The language of this section itself, however, does not specify that 
private citizens have a right to bring individual enforcement suits. 
For this reason, a private right of action under section 104 will exist 
only if it is implied from a reading of the statute, its intent, and 
underlying purposes. Implication of a private remedy is not a prac- 
tice the courts undertake lightly. In fact, the Supreme Court has 
articulated a four-part test to determine the existence of private causes 
of action in statutes that do not provide them. 
For this reason it appears desirable to include explicit statutory 
language for private enforcement of the guidelines. The usual statu- 
tory way of dealing with legal concerns of a citizen is to provide that 
such persons give notice to the Attorney General, who will then make 
a study and decide what legal action may be required; and to the 
facility involved, which can similarly determine whether voluntary 
action is warranted. If neither takes action, a civil suit would be per- 
mitted. This kind of provision for “citizen civil action” is found in 
other regulatory statutes and may be worth consideration here. Since 
amendment of this section in the Committee on Science and Tech- 
nology was considered out of order, such amendment might be of- 
fered on the floor of the House. 
Section 105. Inspections 
As noted in the report of the Committee on Interstate and Foreign 
Commerce, it is possible to specify : 
four considerations utilized by the Supreme Court in deter- 
mining whether an administrative inspection authorized by 
Federal statute is constitutional: 
(1) was preceded by adequate notice to the persbn in 
charge as to the identity of the persons conducting the 
inspection and the legal basis for the action ? 
[Appendix B — 207] 
