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(5) the Federal Government have the responsibility for the retraining of Hospital employees to prepare such employees for the requirements of employment in a comprehensive District mental health system; (6) the Federal Government continue high quality mental health research, training, and demonstration programs at Saint Elizabeths Hospital; (7) the District government establish and maintain accreditation and licensing standards for all services provided in District mental health facilities which assure quality care consistent with appropriate Federal regulations and comparable with standards of the Joint Commission on Accreditation of Hospitals; and (8) the comprehensive mental health system plan include a component for direct services for the homeless mentally ill.

Employment and unemployment. Research and development.

DEFINITIONS

SEC. 3. For the purpose of this Act: (1) The term "Hospital" means the institution in the District of Columbia known as Saint Elizabeths Hospital operated on the date of the enactment of this Act by the Secretary of Health and Human Services. (2) The term "Secretary" means the Secretary of Health and Human Services. (3) The term "Mayor" means the Mayor of the District of Columbia. (4) The term "District" means the District of Columbia. (5) The term "Federal court consent decree" means the consent decree in Dixon v. Heckler, Civil Action No. 74-285. (6) The term "service coordination period" means a period beginning on the effective date of this Act and terminating on October 1, 1987. (7) The term "financial transition period" means a period beginning on the effective date of this Act and terminating on October 1, 1991. (8) The term "system implementation plan" means the plan for a comprehensive mental health system for the District of Columbia to be developed pursuant to this Act. (9) The term "Council" means the Council of the District of Columbia.

24 USC 225a.

DEVELOPMENT OF PLAN FOR MENTAL HEALTH SYSTEM FOR THE DISTRICT

SEC. 4. (a)(1) Subject to subsection (g) of this section and section 9(b)(1), effective October 1, 1987, the District shall be responsible for the provision of mental health services to residents of the District. (2) Not later than October 1, 1991, the Mayor shall complete the implementation of the final system implementation plan reviewed by the Congress and the Council in accordance with the provisions of this Act for the establishment of a comprehensive District mental health system to provide mental health services and programs through community mental health facilities to individuals in the District of Columbia. (b)(1) The Mayor shall prepare a preliminary system implementation plan for a comprehensive mental health system no later than 3

24 USC 225b.

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87 Stat. 790.

Labormanagement advisory committee, establishment.

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months from the effective date of this Act, and a final implementation plan no later than 12 months from the effective date of this Act, (2) The Mayor shall submit the preliminary system implementation plan to the Council no later than 3 months from the effective date of this Act. The Council shall review such plan and transmit written recommendations to the Mayor regarding any revisions to such plan no later than 60 days after such submission. The Mayor shall submit the revised preliminary plan to the Committee on the District of Columbia of the House of Representatives and the Committee on Labor and Human Resources and the Committee on Governmental Affairs of the Senate for review and comment in accordance with the provisions of this Act. (3) The final system implementation plan shall be considered by the Council consistent with the provisions of section 422(12) of the District of Columbia Self-Government and Governmental Reorganization Act. (4) After the review of the Council pursuant to paragraph (3), the Mayor shall submit the final implementation plan to the Committee on the District of Columbia of the House of Representatives and the Committee on Labor and Human Resources and the Committee on Governmental Affairs of the Senate for review and comment in accordance with the provisions of this Act. (c) The system implementation plan shall— (1) propose and describe an integrated, comprehensive, and coordinated mental health system for the District of Columbia; (2) identify the types of treatment to be offered, staffing patterns, and the proposed sites for service delivery within the District of Columbia comprehensive mental health system; (3) identify mechanisms to attract and retain personnel of appropriate number and quality to meet the objectives of the comprehensive mental health system; (4) be in full compliance with the Federal court consent decree in Dixon v. Heckler and all applicable District of Columbia statutes and court decrees; (5) identify those positions, programs, and functions at Saint Elizabeths Hospital which are proposed for assumption by the District, those facilities at Saint Elizabeths Hospital which are proposed for utilization by the District under a comprehensive District mental health system, and the staffing patterns and programs at community facilities to which the assumed functions are to be integrated; (6) identify any capital improvements to facilities at Saint Elizabeths Hospital and elsewhere in the District of Columbia proposed for delivery of mental health services, which are necessary for the safe and cost effective delivery of mental health services; and (7) identify the specific real property, buildings, improvements, and personal property to be transferred pursuant to section 8(aKl) of this Act needed to provide mental health and other services provided by the Department of Human Services under the final system implementation plan. (d)(1) The Mayor shall develop the system implementation plan in close consultation with officials of Saint Elizabeths Hospital, through working groups to be established by the Secretary and the Mayor for that purpose. (2) The Mayor and the Secretary shall establish a labor-management advisory committee, requesting the participation of Federal

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and District employee organizations affected by this Act, to make recommendations on the system implementation plan. The committee shall consider staffing patterns under a comprehensive District mental health care system, retention of Hospital employees under such system. Federal retraining for such employees, and any other areas of concern related to the establishment of a comprehensive District system. In developing the system implementation plan the Mayor shall carefully consider the recommendations of the committee. Such advisory committee shall not be subject to the Federal Advisory Committee Act. (3) The Mayor and such working groups shall, in developing the plan, solicit comments from the public, which shall include professional organizations, provider agencies and individuals, and mental health advocacy groups in the District of Columbia. (e)(1) The Mayor and the Secretary may, during the service coordination period, by mutual agreement and consistent with the requirements of the system implementation plan direct the shift of selected program responsibilities and staff resources from Saint Elizabeths Hospital to the District. The Secretary may assign staff occupying positions in affected programs to work under the supervision of the District. The Mayor shall notify the Committee on the District of Columbia of the House of Representatives and the Committee on Labor and Human Resources and the Committee on Governmental Affairs of the Senate in writing of any planned shift in program responsibilites or staff resources not less than 30 days prior to the implementation of such shift. (2)(A) Except as provided in subparagraph (B), after October 1, 1984, and during the service coordination period, no request for proposals may be issued by the Secretary for any areas of commercial activity at the Hospital pursuant to Office of Management and Budget circular A-76. (B) The limitation under subparagraph (A) shall not apply to studies initiated pursuant to such circular prior to October 1, 1984. (f)(1) To assist the Mayor in the development of the system implementation plan, the Secretary shall contract for a financial audit and a physical plant audit of all existing facilities at the Hospital to be completed by January 1, 1986. The financial audit shall be conducted according to generally accepted accounting principles. The physical plant audit shall recognize any relevant national and District codes and estimate the useful life of existing facility support systems. (2)(A) Pursuant to such physical plant audit, the Secretary shall initiate not later than October 1, 1987, and complete not later than October 1, 1991, such repairs and renovations to such physical plant and facility support systems of the Hospital as are to be utilized by the District under the system implementation plan as part of a comprehensive District mental health system, as are necessary to meet any applicable code requirements or standards. (B) At a minimum until October 1, 1987, the Secretary shall maintain all other facilities and infrastructure of the Hospital not assumed by the District in the condition described in such audit. (g) During the service coordination period, the District of Columbia and the Secretary, to the extent provided in the Federal court consent decree, shall be jointly responsible for providing citizens with the full range and scope of mental health services set forth in such decree and the system implementation plan. No provision of this Act or any action or agreement during the service coordination

5 USC app.

Prohibition.

Audit.

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period may be so construed as to absolve or relieve the District or the Federal Government of their joint or respective responsibilities to implement fully the mandates of the Federal court consent decree. CONGRESSIONAL REVIEW OF SYSTEM IMPLEMENTATION PLAN

24 USC 225c.

SEC. 5. (a) The Committee on the District of Columbia of the House of Representatives and the Committee on Labor and Human Resources and the Committee on Governmental Affairs of the Senate shall review the preliminary system implementation plan transmitted by the Mayor pursuant to section 4 of this Act to determine the extent of its compliance with the provisions of section 2(b) and section 4 of this Act, and transmit written recommendations regarding any revisions to the preliminary plan to the Mayor not later than 60 days after receipt of such plan. (b) The Committee on the District of Columbia of the House of Representatives and the Committee on Labor and Human Resources and the Committee on Governmental Affairs of the Senate shall, within 90 days of submission of the final system implementation plan by the Mayor pursuant to section 4 of this Act, review such plan to determine the extent to which it is in compliance with the provisions of section 2(b) and section 4 of this Act. TRANSITION PROVISIONS FOR EMPLOYEES OF THE HOSPITAL

Retirement. 24 USC 225d.

SEC. 6. (a) Employees of the Hospital directly affected by the assumption of programs and functions by the District government who meet the requirements for immediate retirement under the provisions of section 8336(d) of title 5, United States Code, shall be accorded the opportunity to retire during the 30-day period prior to the assumption of such programs and functions. (b)(1) The system implementation plan shall prescribe the specific number and types of positions needed by the District government at the end of the service coordination period. (2) Notwithstanding section 3503 of title 5, United States Code, employees of the Hospital shall only be transferred to District employment under the provisions of this section. (c)(1) While on the retention list or the District or Federal agency reemployment priority list, the system implementation plan shall provide to Hospital employees a right-of-first-refusal to District employment in positions for which such employees may qualify, (A) created under the system implementation plan in the comprehensive District mental health system, (B) available under the Department of Human Services of the District, and (C) available at the District of Columbia General Hospital. (2) In accordance with Federal regulations, the Secretary shall establish retention registers of Hospital employees and provide such retention registers to the District government. Employment in positions identified in the system implementation plan under subsection (b) shall be offered to Hospital employees by the District government according to each such employee's relative standing on the retention registers. (3) Employee appeals concerning the retention registers established by the Secretary shall be in accordance with Federal regulations.

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(4) Employee appeals concerning employment offers by the District shall be in accordance with the District of Columbia Government Comprehensive Merit Personnel Act of 1978. (d)(1) Notwithstanding any other provision of law, employees of the Hospital, while on the Federal agency reemployment priority list, shall have a right-of-first-refusal to employment in comparable available positions for which they qualify within the Department of Health and Human Services in the Washington metropolitan area. (2) If necessary to separate employees of the Hospital from Federal employment, such employees may be separated only under Federal reduction-in-force procedures. (3) A Federal agency reemployment priority list and a displaced employees program shall be maintained for employees of the Hospital by the Secretary and the Office of Personnel Management in accordance with Federal regulations for Federal employees separated by reduction-in-force procedures. (4) The Mayor shall create and maintain, in consultation with the Secretary, a District agency reemployment priority list of those employees of the Hospital on the retention registers who are not offered employment under subsection (c). Individuals who refuse an offer of employment under subsection (c) shall be ineligible for inclusion on the District agency reemployment priority list. Such reemployment priority list shall be administered in accordance with procedures established pursuant to the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C. Law 2-139). (5) Acceptance of nontemporary employment as a result of referral from any retention list or agency reemployment priority list shall automatically terminate an individual's severance pay as of the effective date of such employment. (e) Any contract entered into by the District of Columbia for the Contracts. provision of mental health services formerly provided by or at the Hospital shall require the contractor or provider, in filling new positions created to perform under the contract, to give preference to qualified candidates on the District agency reemployment priority list created pursuant to subsection (d) of this section. An individual who is offered nontemporary employment with a contractor shall have his or her name remain on the District agency reemployment priority list under subsection (d) for not more than 24 months from the date of acceptance of such employment. CONDITIONS OF EMPLOYMENT FOR FORMER EMPLOYEES OF THE HOSPITAL

SEC. 7. (a) Each individual accepting employment without a break 24 USC 225e. in service with the District government pursuant to section 6 shall— (1) except as specifically provided in this Act, be required to meet all District qualifications other than licensure requirements for appointment required of other candidates, and shall become District employees in the comparable District service subject to the provisions of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, and all other statutes and regulations governing District personnel; (2) meet all licensure requirements within 18 months of appointment by the District government; (3) notwithstanding chapter 63 of title 5, United States Code, 5 USC 6301 et transfer accrued annual and sick leave balances pursuant to seq.

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5 USC 8301 et ««9-

5 USC 8101 et seq.

PUBLIC LAW 98-621—NOV. 8, 1984

title XII of the District of Columbia Comprehensive Merit Personnel Act of 1978; (4) have the grade and rate of pay determined in accordance with regulations established pursuant to title XI of the District of Columbia Comprehensive Merit Personnel Act of 1978, except that no employee shall suffer a loss in the basic rate of pay or in seniority; (5) if applicable, retain a rate of pay including the physician's comparability allowance under the provisions of section 5948 of title 5, United States Code, and continue to receive such allowance under the terms of the then prevailing agreement until its expiration or for a period of 2 years from the date of appointment by the District government, whichever occurs later; (6) be entitled to the same health and life insurance benefits as are available to District employees in the applicable service; (7) if employed by the Federal Government before January 1, 1984, continue to be covered by the United States Civil Service Retirement System, under chapter 83 of title 5, United States Code, to the same extent that such retirement system covers District Government employees; and (8) if employed by the Federal Government on or after January 1, 1984, be subject to the retirement system applicable to District government employees pursuant to title XXVI, Retirement, of the District of Columbia Government Comprehensive Merit Personnel Act of 1978. (b) An individual appointed to a position in the District government without a break in service, from the retention list, or from the District or Federal agency reemployment priority lists shall be exempt from the residency requirements of title VIII of the District of Columbia Government Comprehensive Merit Personnel Act of 1978. (c) An individual receiving compensation for work injuries pursuant to chapter 81 of title 5, United States Code, shall— (1) continue to have the claims adjudicated and the related costs paid by the Federal Government until such individual recovers and returns to duty; (2) if medically recovered and returned to duty, have any subsequent claim for the recurrence of the disability determined and paid under the provisions of title XXIII of the District of Columbia Comprehensive Merit Personnel Act of 1978. (d) The District government may initiate or continue an action against an individual who accepts employment under section 6(c) for cause related to events that occur prior to the end of the service coordination period. Any such action shall be conducted in accordance with such Federal laws and regulations under which action would have been conducted had the assumption of function by the District not occurred. (e) Commissioned public health service officers detailed to the District of Columbia mental health system shall not be considered employees for purposes of any full-time employee equivalency total of the Department of Health and Human Services. (f) For purposes of this section, Hospital employees shall include former patient employees occupying career positions at the Hospital.

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PROPERTY TRANSFER

SEC. 8. (a)(1) Except as provided in paragraph (2), on October 1, 1987, the Secretary shall transfer to the District, without compensation, all right, title, and interest of the United States in all real property at Saint Elizabeths Hospital in the District of Columbia together with any buildings, improvements, and personal property used in connection with such property needed to provide mental health and other services provided by the Department of Human Services indentified pursuant to section 4(c)(7) of this Act. (2) Such real property as is identified by the Secretary by September 30, 1987, as necessary to Federal mental health programs at Saint Elizabeths Hospital under section 2(b)(5) shall not be transferred under this subsection. (b) On or before October 1, 1991, the Mayor shall prepare, and submit to the Committee on the District of Columbia of the House of Representatives and the Committees on Governmental Affairs and Labor and Human Resources of the Senate, a master plan, not inconsistent with the comprehensive plan for the National Capital, for the use of all real property, buildings, improvements, and personal property comprising Saint Elizabeths Hospital in the District of Columbia not transferred or excluded pursuant to subsection (a) of this section. In developing such plan, the Mayor shall consult with, and provide an opportunity for review by, appropriate Federal, regional, and local agencies. Such master plan submitted by the Mayor shall be approved by a law enacted by the Congress within the twelve-month period following the date such plan is submitted to the Committee on the District of Columbia of the House of Representatives and the Committees on Governmental Affairs and Labor and Human Resources of the Senate. Immediately upon the approval of any such law, the Secretary shall transfer to the District, without compensation, all right, title, and interest of the United States in and to such property in accordance with such approved plan. The real property, together with the buildings and other improvements thereon, including personal property used in connection therewith, known as the Oxon Cove Park and operated by the National Park Service, Department of the Interior, shall not be transferred under this Act. (c) On October 1, 1985, the Secretary shall transfer to the District, without compensation, all right, title, and interest of the United States to lot 87, square 622, in the subdivision made by the District of Columbia Redevelopment Land Agency, as per plat recorded in the Office of the Surveyor for the District of Columbia, in liber 154 at folio 149 (901 First Street N.W., the J.B. Johnson Building and grounds).

Effective dates. 24 USC 225f.

Development plan.

FINANCING PROVISIONS

SEC. 9. (a) There are authorized to be appropriated for grants by the Secretary of Health and Human Services to the District of Columbia comprehensive mental health system, $30,000,000 for fiscal year 1988, $24,000,000 for fiscal year 1989, $18,000,000 for fiscal year 1990, and $12,000,000 for fiscal year 1991. (b)(1) Beginning on October 1, 1987, and in each subsequent fiscal year, the appropriate Federal agency is directed to pay the District of Columbia the full costs for the provision of mental health diagnostic and treatment services for the following types of patients:

Appropriation authorization. Grants. 24 USC 225g.

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Compacts between States.

87 Stat. 813.

Appropriation authorization.

68 Stat. 434,

Audit.

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(A) Any individual referred to the system pursuant to a Federal statute or by a responsible Federal agency. (B) Any individual referred to the system for emergency detention or involuntary commitment after being taken into custody (i) as a direct result of the individual's action or threat of action against a Federal official, (ii) as a direct result of the individual's action or threat of action on the grounds of the White House or of the Capitol, or (iii) under chapter 9 of title 21 of the District of Columbia Code. (C) Any individual referred to the system as a result of a criminal proceeding in a Federal court (including an individual admitted for treatment, observation, and diagnosis and an individual found incompetent to stand trial or found not guilty by reason of insanity). The preceding provisions of this paragraph apply to any individual referred to the system (or to Saint Elizabeths Hospital) before or after the date of enactment of this Act. (2) The, responsibility of the United States for the cost of services for individuals described in paragraph (1) shall not affect the treatment responsibilities to the District of Columbia under the Interstate Compact on Mental Health. (c)(1) During the service coordination and the financial transition periods, the District of Columbia shall gradually assume a greater share of the financial responsibility for the provision of mental health services provided by the system to individuals not described in subsection (b). (2) Section 502 of the District of Columbia Self-Government and Governmental Reorganization Act is amended— (A) by inserting "(a)" after "SEC. 502.", and (B) by adding at the end the following: "(b)(1) Except as otherwise provided by paragraph (2), there are authorized to be appropriated, in addition to the amounts authorized to be appropriated under subsection (a), $25,000,000 for fiscal year 1986, $35,000,000 for fiscal year 1987, $30,000,000 for fiscal year 1988, $20,000,000 for fiscal year 1989, $15,000,000 for fiscal year 1990, and $10,000,000 for fiscal year 1991 to the District of Columbia for establishing and maintaining a comprehensive mental health system. "(2) For each of the fiscal years 1986 through 1990 there is authorized to be appropriated, in addition to the amount authorized under paragraph (1), an amount equal to one-third of the amount authorized under paragraph (1) for the succeeding fiscal year. The amount authorized to be appropriated under paragraph (1) for any such succeeding fiscal year shall be reduced by the amount appropriated for the preceding fiscal year under the first sentence of this paragraph.". (d) Subject to section 4(f)(2), capital improvements to facilities at Saint Elizabeths Hospital authorized during the service coordination period shall be the shared responsibility of the District and the Federal Government in accordance with Public Law 83-472. (e) Pursuant to the financial audit under section 4(f), any unassigned liabilities of the Hospital shall be assumed by and shall be the sole responsibility of the Federal Government. (0(1) After the service coordination period, the Secretary shall conduct an audit, under generally accepted accounting procedures, to identify the liability of the Federal Government for accrued

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annual leave balances for those employees assumed by the District under the system implementation plan. (2) There is authorized to be appropriated for payment by the Federal Government to the District an amount equal to the liability identified by such audit. (g) Nothing in this Act shall affect the authority of the District of Columbia under any other statute to collect costs billed by the District of Columbia for mental health services, except that payment for the same costs may not be collected from more than one party. (h) The Government of the United States shall be solely responsible for— (1) all claims and causes of action against Saint Elizabeths Hospital that accrue before October 1, 1987, regardless of the date on which legal proceedings asserting such claims were or may be filed, except that the United States shall, in the case of any tort claim, only be responsible for any such claim against the United States that accrues before October 1, 1987, and the United States shall not compromise or settle any claim resulting in District liability without the consent of the District, which consent shall not be unreasonably withheld; and (2) all claims that result in a judgment or award against Saint Elizabeths Hospital before October 1, 1987.

Appropriation authorization.

Claims.

REPEALS AND CONFORMING AMENDMENTS

SEC. 10. (a) Chapter 4 of title LIX of the Revised Statutes of the United States (24 U.S.C. 161, 165, 170, 191, 211, 211a, 211b, and 221, and D.C. Code 32-405 and 32-406) is repealed. (b) The matter under the subheading "SAINT EUZABETHS HOSPITAL." under the heading "DEPARTMENT OF THE INTERIOR." in the first section of an Act of June 5, 1920, chapter 235 of the laws of the second session of the 66th Congress, is amended by striking out the second sentence (24 U.S.C. 166). (c) The matter under the subheading "SAINT ELIZABETHS HOSPITAL." under the heading "DEPARTMENT OF THE INTERIOR." in the first section of the Second Deficiency Appropriation Act, fiscal year 1920, is amended by striking out the second and third sentences (24 U.S.C. 168 and 176). (d)(1) An Act of August 4, 1947, chapter 478 of the laws of the first session of the 80th Congress (24 U.S.C. 168a, 169, 169a, 185, and 195a), is repealed. (2) The matter under the heading "Saint Elizabeths Hospital" in title II of the Departments of Labor, and Health, Education, and Welfare Appropriation Act, 1955, is amended by striking out all that follows "$110,000" before the period. (e) The matter under the subheading "GOVERNMENT HOSPITAL FOR THE INSANE." under the heading "UNDER THE DEPARTMENT OF THE INTERIOR." in the first section of an Act of August 24, 1912, chapter 355 of the laws of the second session of the 62d Congress, is amended by striking out the second sentence (24 U.S.C. 171). (f) The first sentence under the subheading "GOVERNMENT HOSPITAL FOR THE INSANE." under the heading "MISCELLANEOUS OBJECTS." in the first section of an Act of August 7, 1882, chapter 433 of the laws of the first session of the 47th Congress, is amended by striking out—

4i Stat. 919.

41 Stat. 513.

68 Stat. 437.

37 USC 461.

22 Stat. 329.

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40 Stat. 19.

34 Stat. 730. 55 Stat. 760.

39 Stat. 557.

40 Stat. 373.

23 Stat. 213.

76A Stat. 699.

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(1) "; and that hereafter the surplus products and waste material of the hospital may be sold or exchanged for the benefit of the hospital, and proceeds to be used and accounted for the same as its other funds:" (24 U.S.C. 172), and (2) the two provisos (24 U.S.C. 165 and 195), and by inserting in lieu thereof a period. (g) The matter under the subheading "SAINT EUZABETHS HOSPITAL." and that subheading under the heading "DEPARTMENT OF THE INTERIOR." of the Act of April 17, 1917 (24 U.S.C. 175), are repealed. (h) The matter under the subheading "GOVERNMENT HOSPITAL FOR THE INSANE." under the heading "UNDER THE DEPARTMENT OF THE INTERIOR." in the first section of an Act of June 30, 1906, chapter 3914 of the laws of the first session of the 59th Congress, is amended by striking out the last three sentences (24 U.S.C. 177). (i) An Act of May 9, 1941, chapter 101 of the laws of the first session of the 77th Congress (24 U.S.C. 180), is repealed. (j) The Act of November 15, 1941 (24 U.S.C. 181,182,183, and 184) is repealed. (k)(1) The matter under the heading "PAY, MISCELLANEOUS." of an Act of August 29, 1916, chapter 417 of the laws of the first session of the 64th Congress, is amended by striking out "Hereafter interned persons and prisoners of war, under the jurisdiction of the Navy Department, who are or may become insane, shall be entitled to admission for treatment to the Government Hospital for the Insane." (24 U.S.C. 192). (2) The matter under the subheading "SAINT ELIZABETHS HOSPITAL." under the heading "DEPARTMENT OF THE INTERIOR." in the first section of an Act of October 6, 1917, chapter 79 of the laws of the first session of the 65th Congress, is amended by striking out the third through sixth sentences (24 U.S.C. 192, 199, and 200). (1) The matter under the subheading "GOVERNMENT HOSPITAL FOR THE INSANE." under the heading "MISCELLANEOUS OBJECTS." of an Act of July 7, 1884, chapter 332 of the laws of the first session of the 48th Congress, is amended by striking out the second sentence (24 U.S.C. 194). (m) The matter under the heading "PANAMA CANAL." in the first section of an Act of June 12, 1917, chapter 27 of the laws of the first session of the 65th Congress, is amended by striking out the following (24 U.S.C. 196): "Upon the application of the Governor of the Canal Zone, the Secretary of Health, Education, and Welfare may transfer to Saint Elizabeths Hospital, in the District of Columbia, for treatment, any American citizen subject to a hospitalization order issued under section 1637 of title 5 of the Canal Zone Code, whose legal residence in one of the States, territories, the Commonwealth of Puerto Rico or the District of Columbia for the purpose of eligibility for public medical care it has been impossible to establish. Upon the ascertainment of the legal residence of persons so transferred to Saint Elizabeths Hospital, the superintendent of that hospital shall thereupon transfer them to their respective places of residence, and the expenses attendant thereon shall be paid from the appropriation for the support of Saint Elizabeths Hospital.". (n) An Act of July 18, 1940, chapter 638 of the laws of the third session of the 76th Congress (24 U.S.C. 196b), is repealed. (o) The matter under the subheading "GOVERNMENT HOSPITAL FOR THE INSANE:" under the heading "MISCELLANEOUS OBJECTS." in the

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first section of an Act of March 3, 1901, chapter 853 of the second session of the 56th Congress, is amended by striking out the second sentence (24 U.S.C. 197). 3i Stat. ii62. (p) The first sentence in the matter under the subheading "MEDICAL AND HOSPITAL DEPARTMENT:" under the heading "MEDICAL DEPARTMENT." of an Act of May 11, 1908, chapter 163 of the laws of the first session of the 60th Congress, is amended by striking out the second proviso and the colon preceding and inserting in lieu thereof a period (24 U.S.C. 198). 35 Stat. 122. (q) An Act of June 23, 1874, chapter 465 of the laws of the first session of the 43rd Congress (24 U.S.C. 212, 213, and 214), is repealed. (r) The first sentence of section 4(a) of Public Law 86-571 (24 U.S.C. 324) is amended by striking out "Saint Elizabeths Hospital, at any other" and inserting in lieu thereof "any". (s) Section 2104 of the Public Health Service Act (42 U.S.C. 300aa-3) is repealed. (t)(1) The last sentence of section 206 of an Act of June 9, 1948, chapter 428 of the laws of the second session of the 80th Congress (D.C. Code 22-3508), is amended by striking out "Saint Elizabeths Hospital" and inserting in lieu thereof "an appropriate institution". (2) Section 207 of that Act (D.C. Code 22-3509) is amended by striking out "the Superintendent of Saint Elizabeths Hospital" and inserting in lieu thereof "an appropriate supervisory official", and by striking out "the Superintendent of the hospital" and inserting in lieu thereof "that official". (3) Section 208 of that Act (D.C. Code 22-3510) is amended by striking out "Saint Elizabeths Hospital" and inserting in lieu thereof "an institution". (u) The first sentence under the subheading "GOVERNMENT HOSPI- 24 USC 202. TAL FOR THE INSANE." under the heading "INTERIOR DEPARTMENT." of an Act of March 3, 1877, chapter 105 of the laws of the second session of the 44th Congress, is amended by striking out the semicolon and all that follows before the period (D.C. Code 32-401). (v) The first sentence under the subheading "GOVERNMENT HOSPI- 24 USC 203. TAL FOR THE INSANE." under the heading "MISCELLANEOUS OBJECTS." of an Act of March 3, 1879, chapter 182 of the laws of the third session of the 45th Congress, is amended by striking out the proviso and the colon preceding and inserting in lieu thereof a period (D.C. Code 32-402). (w) The matter under the subheading "HOSPITAL FOR THE INSANE:" under the heading "DISTRICT OF COLUMBIA." of an Act of March 4, 1913, chapter 149 of the laws of the third session of the 62nd Congress, is amended by striking out the second sentence (D.C. Code 32-404). (x) Sections 4 and 5 of an Act of June 22, 1948, chapter 597 of the laws of the second session of the 80th Congress (D.C. (llode 32-415 and 32-416) are repealed. (y) The matter under the subheading "GOVERNMENT HOSPITAL FOR THE INSANE." under the heading "UNDER THE DEPARTMENT OF THE INTERIOR." in the first section of an Act of March 4, 1911, chapter 285 of the laws of the third session of the 61st Congress, is 36 Stat. 1421. amended by striking out the second sentence. 24 USC 165.

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PUBLIC LAW 98-621—NOV. 8, 1984 EFFECTIVE DATES

24 USC 225 note.

SEC. 11. (a) Except as provided in subsection (b), this Act shall take effect on October 1, 1985. (b) Section 10 shall take effect on October 1, 1987. Approved November 8, 1984.

LEGISLATIVE HISTORY—H.R. 6224: HOUSE REPORTS: No. 98-1024 and Pt. 2 (Comm. on the District of Columbia). CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 2, considered and passed House. Oct. 5, considered and passed Senate, amended. Oct. 9, House concurred in Senate amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 45 (1984): Nov. 9, Presidential statement.

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Public Law 98-622 98th Congress An Act To amend title 35, United States Code, to increase the effectiveness of the patent laws, and for other purposes.

Nov. 8, 1984 [H.R. 6286]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Patent Law

SHORT TITLE

Amendments sk'usJfnote.

1. This Act may be cited as the "Patent Law Amendments Act of 1984". SECTION

TITLE I—PATENT IMPROVEMENT PROVISIONS USE OF PATENTED INVENTIONS OUTSIDE THE UNITED STATES

SEC. 101. (a) Section 271 of title 35, United States Code, is amended by adding at the end thereof the following new subsection: "(f)(1) Whoever without authority supplies or causes to be supplied in or from the United States all or a substantial portion of the components of a patented invention, where such components are uncombined in whole or in part, in such manner as to actively induce the combination of such components outside of the United States in a manner that would infringe the patent if such combination occurred within the United States, shall be liable as an infringer. "(2) Whoever without authority supplies or causes to be supplied in or from the United States any component of a patented invention that is especially made or especially adapted for use in the invention and not a staple article or commodity of commerce suitable for substantial noninfringing use, where such component is uncombined in whole or in part, knowing that such component is so made or adapted and intending that such component will be combined outside of the United States in a manner that would infringe the patent if such combination occurred within the United States, shall be liable as an infringer.".

Ante, p. 1603.

STATUTORY INVENTION REGISTRATION

SEC. 102. (a) Chapter 14 of title 35, United States Code, is amended by adding at the end thereof the following new section: "§ 157. Statutory invention registration "(a) Notwithstanding any other provision of this title, the Commissioner is authorized to publish a statutory invention registration containing the specification and drawings of a regularly filed application for a patent without examination if the applicant— "(1) meets the requirements of section 112 of this title; "(2) has complied with the requirements for printing, as set forth in regulations of the Commissioner;

35 USC 157.

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Public availability. Regulations.

Report.

PUBLIC LAW 98-622—NOV. 8, 1984

"(3) waives the right to receive a patent on the invention within such period as may be prescribed by the Commissioner; and "(4) pays appHcation, publication, and other processing fees established by the Commissioner. If an interference is declared with respect to such an application, a statutory invention registration may not be published unless the issue of priority of invention is finally determined in favor of the applicant. '(b) The waiver under subsection (a)(3) of this section by an applicant shall take effect upon publication of the statutory invention registration. "(c) A statutory invention registration published pursuant to this section shall have all of the attributes specified for patents in this title except those specified in section 183 and sections 271 through 289 of this title. A statutory invention registration shall not have any of the attributes specified for patents in any other provision of law other than this title. A statutory invention registration published pursuant to this section shall give appropriate notice to the public, pursuant to regulations which the Commissioner shall issue, of the preceding provisions of this subsection. The invention with respect to which a statutory invention certificate is published is not a patented invention for purposes of section 292 of this title. "(d) The Secretary of Commerce shall report to the Congress annually on the use of statutory invention registrations. Such report shall include an assessment of the degree to which agencies of the Federal Government are making use of the statutory invention registration system, the degree to which it aids the management of federally developed technology, and an assessment of the cost savings to the Federal Government of the use of such procedures.". (b) The table of sections at the beginning of chapter 14 of title 35, United States Code, is amended by adding at the end thereof the following: "157. Statutory invention registration.".

Effective date. 35 USC 157 note.

(c) The amendments made by this section shall take effect six months after the date of the enactment of this Act. PRIOR ART

SEC. 103. Section 103 of title 35, United States Code, is amended by adding at the end thereof the following: "Subject matter developed by another person, which qualifies as prior art only under subsection (f) or (g) of section 102 of this title, shall not preclude patentability under this section where the subject matter and the claimed invention were, at the time the invention was made, owned by the same person or subject to an obligation of assignment to the same person.'. JOINT INVENTORS

SEC. 104. (a) Section 116 of title 35, United States Code, is amended by amending the first paragraph to read as follows: "When an invention is made by two or more persons jointly, they shall apply for patent jointly and each make the required oath, except as otherwise provided in this title. Inventors may apply for a patent jointly even though (1) they did not physically work together or at the same time, (2) each did not make the same type or amount

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of contribution, or (3) each did not make a contribution to the subject matter of every claim of the patent.". (b) Section 120 of title 35, United States Code, is amended by striking out "by the same inventor" and inserting in lieu thereof "which is filed by an inventor or inventors named in the previously filed application". ARBITRATION OF INTERFERENCES

SEC. 105. Section 135 of title 35, United States Code, is amended by adding at the end thereof the following new subsection: "(d) Parties to a patent interference, within such time as may be specified by the Commissioner by regulation, may determine such contest or any aspect thereof by arbitration. Such arbitration shall be governed by the provisions of title 9 to the extent such title is not inconsistent with this section. The parties shall give notice of any arbitration award to the Commissioner, and such award shall, as between the parties to the arbitration, be dispositive of the issues to which it relates. The arbitration award shall be unenforceable until such notice is given. Nothing in this subsection shall preclude the Commissioner from determining patentability of the invention involved in the interference.".

9 USC l et seq.

EFFECTIVE DATE

SEC. 106. (a) Subject to subsections (b), (c), (d), and (e) of this section, the amendments made by this Act shall apply to all United States patents granted before, on, or after the date of enactment of this Act, and to all applications for United States patents pending on or filed after the date of enactment. (b) The amendments made by this Act shall not affect any final decision made by the court or the Patent and Trademark Office before the date of enactment of this Act with respect to a patent or application for patent, if no appeal from such decision is pending and the time for filing an appeal has expired. (c) Section 271(f) of title 35, United States Code, added by section 101 of this Act shall apply only to the supplying, or causing to be supplied, of any component or components of a patented invention after the date of enactment of this Act. (d) No United States patent granted before the date of enactment of this Act shall abridge or affect the right of any person or his successors in business who made, purchased, or used prior to such effective date anything protected by the patent, to continue the use of, or to sell to others to be used or sold, the specific thing so made, purchased, or used, if the patent claims were invalid or otherwise unenforceable on a ground obviated by section 103 or 104 of this Act and the person made, purchased, or used the specific thing in reasonable reliance on such invalidity or unenforceability. If a person reasonably relied on such invalidity or unenforceability, the court before which such matter is in question may provide for the continued manufacture, use, or sale of the thing made, purchased, or used as specified, or for the manufacture, use, or sale of which substantial preparation was made before the date of enactment of this Act, and it may also provide for the continued practice of any process practiced, or for the practice of which substantial preparation was made, prior to the date of enactment, to the extent and under such terms as the court deems equitable for the protection of

35 USC 103 note.

eiaims.

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Prohibition.

PUBLIC LAW 98-622—NOV. 8, 1984

investments made or business commenced before the date enactment. (e) The amendments made by this Act shall not affect the right any party in any case pending in court on the date of enactment have their rights determined on the basis of the substantive law effect prior to the date of enactment.

of of to in

TITLE II—PATENT AND TRADEMARK OFFICE PROCEDURES BOARD OF PATENT APPEALS AND INTERFERENCES

SEC. 20L (a) Section 7 of title 35, United States Code, is amended to read as follows:

Infra.

5 USC 5332.

"§ 7. Board of Patent Appeals and Interferences "(a) The examiners-in-chief shall be persons of competent legal knowledge and scientific ability, who shall be appointed to the competitive service. The Commissioner, the Deputy Commissioner, the Assistant Commissioners, and the examiners-in-chief shall constitute the Board of Patent Appeals and Interferences. "(b) The Board of Patent Appeals and Interferences shall, on written appeal of an applicant, review adverse decisions of examiners upon applications for patents and shall determine priority and patentability of invention in interferences declared under section 135(a) of this title. Each appeal and interference shall be heard by at least three members of the Board of Patent Appeals and Interferences, who shall be designated by the Commissioner. Only the Board of Patent Appeals and Interferences has the authority to grant rehearings. "(c) Whenever the Commissioner considers it necessary, in order to keep current the work of the Board of Patent Appeals and Interferences, the Commissioner may designate any patent examiner of the primary examiner grade or higher, having the requisite ability, to serve as examiner-in-chief for periods not exceeding six months each. An examiner so designated shall be qualified to act as a member of the Board of Patent Appeals and Interferences. Not more than one of the members of the Board of Patent Appeals and Interferences hearing an appeal or determining an interference may be an examiner so designated. The Secretary of Commerce is authorized to fix the pay of each designated examiner-in-chief in the Patent and Trademark Office at not to exceed the maximum rate of basic pay payable for grade GS-16 of the General Schedule under section 5332 of title 5. The rate of basic pay of each individual designated examiner-in-chief shall be adjusted, at the close of the period for which that individual was designated to act as examinerin-chief, to the rate of basic pay which that individual would have been receiving at the close of such period if such designation had not been made.". (b) The item relating to section 7 in the table of sections at the beginning of chapter 1 of title 35, United States Code, is amended by striking out "Appeals" and inserting in lieu thereof "Patent Appeals and Interferences". INTERFERENCES

Claims.

SEC. 202. Section 135(a) of title 35, United States Code, is amended to read as follows:

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"(a) Whenever an application is made for a patent which, in the opinion of the Commissioner, would interfere with any pending application, or with any unexpired patent, an interference may be declared and the Commissioner shall give notice of such declaration to the applicants, or applicant and patentee, as the case may be. The Board of Patent Appeals and Interferences shall determine questions of priority of the inventions and may determine questions of patentability. Any final decision, if adverse to the claim of an applicant, shall constitute the final refusal by the Patent and Trademark Office of the claims involved, and the Commissioner may issue a patent to the applicant who is adjudged the prior inventor. A final judgment adverse to a patentee from which no appeal or other review has been or can be taken or had shall constitute cancellation of the claims involved in the patent, and notice of such cancellation shall be endorsed on copies of the patent distributed after such cancellation by the Patent and Trademark Office.". APPEALS AND CIVIL ACTIONS

SEC. 203. (a) Section 141 of title 35, United States Code, is amended— (1) in the first sentence— (A) by striking out "of the Board of Patent Appeals may appeal" and inserting in lieu thereof "in an appeal to the Board of Patent Appeals and Interferences under section 134 of this title may appeal the decision"; and (B) by striking out ", thereby waiving his right" and inserting in lieu thereof ". By filing such an appeal the applicant waives his or her right"; (2) in the second sentence— (A) by striking out "board of patent interferences on Lie question of priority may appeal" and inserting in lieu thereof "Board of Patent Appeals and Interferences on the interference may appeal the decision"; (B) by striking out "according to" and inserting in lieu thereof "in accordance with"; and (C) by striking out "he" and inserting in lieu thereof "the party"; and (3) by amending the last sentence to read as follows: "If the appellant does not, within thirty days after the filing of such notice by the adverse party, file a civil action under section 146, the decision appealed from shall govern the further proceedings in the case.". (b) Section 145 of title 35, United States Code, is amended— (1) in the first sentence by striking out "Appeals may" and inserting in lieu thereof "Patent Appeals and Interferences in an appeal under section 134 of this title may,"; and (2) in the second sentence by striking out "Appeals" and inserting in lieu thereof "Patent Appeals and Interferences". (c) Section 146 of title 35, United States Code, is amended by striking out "board of patent interferences on the question of priority" and inserting in lieu thereof "Board of Patent Appeals and Interferences on the interference".

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PUBLIC LAW 98-622—NOV. 8, 1984 TECHNICAL AND CONFORMING AMENDMENTS

SEC. 204. (a) Section 41(a)(6) of title 35, United States Code, is amended— (1) by striking out "Appeals" each place it appears and inserting in lieu thereof "Patent Appeals and Interferences"; and (2) by inserting "in the appeal" after "oral hearing". (b)(1) Section 134 of title 35, United States Code, is amended— (A) in the section caption by striking out "APPEALS" and inserting in lieu thereof "PATENT APPEALS AND INTERFERENCES"; and (B) by striking out "Appeals" and inserting in lieu thereof "Patent Appeals and Interferences". (2) The item relating to section 134 in the table of sections at the beginning of chapter 12 of title 35, United States Code, is amended by striking out "Appeals" and inserting in lieu thereof "Patent Appeals and Interferences". (c) Section 305 of title 35, United States Code, is amended by striking out "Appeals" and inserting in lieu thereof "Patent Appeals and Interferences". AMENDMENTS TO OTHER PROVISIONS OF LAW

SEC. 205. (a) Section 1295(a)(4)(A) of title 28, United States Code, is amended by striking out "Appeals or the Board of Patent" and inserting in lieu thereof "Patent Appeals and". (b) Section 152 of the Atomic Energy Act of 1954 (42 U.S.C. 2182) is amended in the third paragraph— (1) by striking out "a Board of Patent Interferences" and inserting in lieu thereof "the Board of Patent Appeals and Interferences"; and (2) by striking out "the Board of Patent Interferences" and inserting in lieu thereof "the Board of Patent Appeals and Interferences". (c)(1) Section 305(d) of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2457(d)) is amended— (A) by striking out "a Board of Patent Interferences" and inserting in lieu thereof "the Board of Patent Appeals and Interferences"; and (B) by striking out "the Board of Patent Interferences" and inserting in lieu thereof "the Board of Patent Appeals and Interferences". (2) Section 305(e) of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2457(e)) is amended by striking out "a Board of Patent Interferences" and inserting in lieu thereof "the Board of Patent Appeals and Interferences". SAVINGS PROVISION

35 USC 7 note.

SEC. 206. Any individual who, on the effective date of this title, is an examiner-in-chief of the Board of Patent Appeals of the Patent and Trademark Office or an examiner of interferences of the Board of Patent Interferences of such office shall be entitled to continue in office as a member of the Board of Patent Appeals and Interferences of the Patent and Trademark Office as of such effective date.

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EFFECTIVE DATE

SEC. 207. Section 206 of this Act and the amendments made by this title shall take effect three months after the date of the enactment of this Act.

35 USC 7 note.

TITLE III—NATIONAL COMMISSION ON INNOVATION AND PRODUCTIVITY ESTABLISHMENT

SEC. 301. There is hereby established a National Commission on Innovation and Productivity (hereinafter in this title referred to as the "Commission"). MEMBERSHIP OF COMMISSION

SEC. 302. (a) The Commission shall be composed of^ (1) three Members of the Senate appointed by the President of the Senate; (2) three Members of the House of Representatives appointed by the Speaker of the House of Representatives; and (3) three members appointed by the President of the United States, one of whom the President shall designate as Chairman. Of the members appointed by the President, one member should be an appropriate officer or employee of the United States, one member should be an employer who employs inventors, and one member should be an employed inventor. (b) At no time shall more than two of the members appointed under paragraph (1), (2), or (3) of subsection (a) be persons who are members of the same political party. (c) Any vacancy in the Commission shall not affect its powers but shall be filled in the same manner in which the original appointment was made, and subject to the limitation set forth in subsection (b) with respect to the original appointment. (d) Six members of the Commission shall constitute a quorum, but a lesser number may conduct hearings. DUTIES OF THE COMMISSION

SEC. 303. The Commission shall make a full and complete review and study of the level of innovation and productivity of employed inventors. Such study shall include an analysis of the various methods available to inspire or stimulate individual and corporate innovation and productivity, including an assessment of the techniques used in other countries to achieve this objective. Such study may include an assessment of those aspects of other areas of intellectual property law that inspire or stimulate such innovation and productivity. The Commission shall make recommendations for such revisions of the laws of the United States, including the repeal of unnecessary or undesirable statutes, and such other changes as the Commission considers will better foster innovation and productivity. COMPENSATION OF MEMBERS OF THE COMMISSION

SEC. 304. (a) A member of the Commission who is a Member of Congress or a full-time officer or employee of the United States shall

study.

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5 USC 5314.

5 USC 5701.

PUBLIC LAW 98-622—NOV. 8, 1984

receive no additional compensation by reason of his or her service on the Commission. (b) Subject to amounts provided in advance in appropriations Acts, a member of the Commission from private Ufe shall receive the daily equivalent of the annual rate of basic pay payable for level III of the Executive Schedule for each day (including traveltime) during which such member is engaged in the actual performance of duties vested in the Commission, plus reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of such duties, in accordance with subchapter I of chapter 57 of title 5, United States Code. DIRECTOR AND STAFF

5 USC 5315.

5 USC 5101 et seq., 5331. 5 USC 5332.

SEC. 305. (a) The Commission shall have a Director who shall be appointed by the Commission and who shall be paid at a rate not to exceed the rate of basic pay payable for level IV of the Executive Schedule. The Director, subject to the direction of the Commission, shall supervise the activities of persons employed by the Commission and the preparation of the reports of the Commission and shall perform such other duties as may be assigned to the Director by the Commission. (b) The Commission may appoint and fix the pay of such additional personnel as it considers appropriate. (c) The staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the maximum annual rate of basic pay payable for GS-16 of the General Schedule. (d) The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. GOVERNMENT AGENCY COOPERATION

SEC. 306. The Commission is authorized to request from any department, agency, or independent instrumentality of the Government any information and assistance it considers necessary to carry out its functions under this title. Each such department, agency, and instrumentality is authorized to cooperate with the Commission and, to the extent permitted by law, to furnish such information and assistance to the Commission. REPORT OF THE COMMISSION; TERMINATION

SEC. 307. The Commission shall submit interim reports on its activities to the President and the Congress at such times as the Commission considers appropriate, except that at least one such report shall be so submitted within one year after the date of the enactment of this Act. The Commission shall submit its final report on its activities to the President and the Congress within two years after such date of enactment. The Commission shall cease to exist sixty days after the date of the submission of its final report.

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ADMINISTRATIVE SERVICES

SEC. 308. The General Services Administration shall provide administrative services for the Commission on a reimbursable basis. AUTHORIZATION OF APPROPRIATIONS

SEC. 309. There is authorized to be appropriated $250,000 to carry out this title. EFFECTIVE DATE

SEC. 310. This title shall take effect on January 21, 1985. TITLE IV—MISCELLANEOUS PROVISIONS INTERNATIONAL STAGE

SEC. 401. (a) Section 361(d) of title 35, United States Code, is amended in the first sentence by inserting "or within one month after the date of such filing" after "application". (b) Section 366 of title 35, United States Code, is amended— (1) in the first sentence— (A) by inserting "after the date of withdrawal," after "effect'^ and (B) by inserting before the period the following: ", unless a claim for the benefit of a prior filing date under section 365(c) of this part was made in a national application, or an international application designating the United States, filed before the date of such withdrawal"; and (2) in the second sentence by inserting "withdrawn" after "such". NATIONAL STAGE

SEC. 402. (a) Section 371(a) of title 35, United States Code, is amended— (1) by striking out "is" and inserting in lieu thereof "may be"; and (2) by striking out ", except those filed in the Patent Office". (b) Section 3710t)) of title 35, United States Code, is amended to read as follows: "(b) Subject to subsection (f) of this section, the national stage shall commence with the expiration of the applicable time limit under article 22 (1) or (2) of the treaty.". (c) Section 371(c)(2) of title 35, United States Code, is amended— (1) by striking out "received from" and inserting in lieu thereof "communicated by"; and (2) by striking out "verified" before "translation". (d) Section 371(d) of title 35, United States Code, is amended to read as follows: "(d) The requirements with respect to the national fee referred to in subsection (c)(D, the translation referred to in subsection (c)(2), and the oath or declaration referred to in subsection (c)(4) of this section shall be complied with by the date of the commencement of the national stage or by such later time as may be fixed by the Commissioner. The copy of the international application referred to in subsection (c)(2) shall be submitted by the date of the commencement of the national stage. Failure to comply with these requirements shall be regarded as abandonment of the application by the

28 UST 7645.

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28 UST 7645.

PUBLIC LAW 98-622—NOV. 8, 1984

parties thereof, unless it be shown to the satisfaction of the Commissioner that such failure to comply was unavoidable. The payment of a surcharge may be required as a condition of accepting the national fee referred to in subsection (c)(1) or the oath or declaration referred to in subsection (c)(4) of this section if these requirements are not met by the date of the commencement of the national stage. The requirements of subsection (c)(3) of this section shall be complied with by the date of the commencement of the national stage, and failure to do so shall be regarded as a cancellation of the amendments to the claims in the international application made under article 19 of the treaty.". (e) Section 372(b) of title 35, United States Code, is amended— (1) by striking out the period at the end of paragraph (2) and inserting in lieu thereof "; and"; and (2) by adding at the end thereof the following: "(3) the Commissioner may require a verification of the translation of the international application or any other document pertaining to the application if the application or other document was filed in a language other than English.". (f) Section 372 of title 35, United States Code, is amended by striking out subsection (c). (g) Section 376(a) of title 35, United States Code, is amended by striking out paragraph (5) and redesignating paragraph (6) as paragraph (5). TECHNICAL AMENDMENTS

35 USC 351 et s^Q-

SEC. 403. (a) Title 35, United States Code, is amended by striking out "Patent Office" each place it appears and inserting in lieu thereof "Patent and Trademark Office '. (b) The table of parts at the beginning of title 35, United States Code, is amended by adding at the end thereof the following: "IV. Patent Cooperation Treaty

351". PATENT FEES

35 USC 41 note.

SEC. 404. (a) Notwithstanding section 41 of title 35, United States Code, as in effect before the enactment of Public Law 97-247 (96 Stat. 317), no fee shall be collected for maintaining a plant patent in force. (b) Notwithstanding section 41(c) of title 35, United States Code, as in effect before the enactment of Public Law 97-247 (96 Stat. 317), the Commissioner of Patents and Trademarks may accept, after the six-month grace period referred to in such section 41(c), the payment of any maintenance fee due on any patent based on an application filed in the Patent and Trademark Office on or after December 12, 1980, and before August 27, 1982, to the same extent as in the case of patents based on applications filed in the Patent and Trademark Office on or after August 27, 1982. TRADEMARK TRIAL AND APPEAL BOARD

5 USC 5332.

SEC. 405. Section 3 of title 35, United States Code, is amended by adding at the end thereof the following: "(e) The members of the Trademark Trial and Appeal Board of the Patent and Trademark Office shall each be paid at a rate not to exceed the maximum rate of basic pay payable for GS-16 of the General Schedule under section 5332 of title 5.".

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EFFECTIVE DATE

SEC. 406. (a) Section 404 of this Act and the amendments made by section 403 of this Act shall take effect on the date of the enactment of this Act. (b) The amendments made by sections 401,402, and 405 of this Act shall take effect six months after the date of the enactment of this Act. Approved November 8, 1984.

LEGISLATIVE HISTORY—H.R. 6286: CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 1, considered and passed House. Oct. 11, considered and passed Senate, amended; House concurred in certain Senate amendments and in another with an amendment; Senate concurred in House amendment. WEEKLY eOMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 45 (1984): Nov. 9, Presidential statement.

35 USC 351 note, 35 USC 3 note,

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PUBLIC LAW 98-623—NOV. 8, 1984

Public Law 98-623 98th Congress An Act Nov 8 1984 ' [H.R. 6342]

'^° approve governing international fishery agreements with Iceland and the EEC; to establish national standards for artificial reefs; to implement the Convention on tjje Conservation of Antarctic Marine Living Resources; and for the other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I—APPROVAL OF GOVERNING INTERNATIONAL FISHERY AGREEMENTS WITH ICELAND AND THE EEC 16 USC 1823 note.

National Fishing Enhancement 33^USC 2101

Notwithstanding section 203 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1823)— (1) the governing international fishery agreement between the Government of the United States and the European Economic Community Concerning Fisheries Off the Coasts of the United States, as contained in the Message to Congress from the President of the United States dated August 27, 1984, is hereby approved by Congress as a governing international fishery agreement for purposes of that Act, and may enter into force with respect to the United States in accordance with the terms of Article XIX of the agreement after the date of the enactment of this title, upon signature of the agreement by both parties; and (2) the governing international fishery agreement between the Government of the United States and the Government of the Republic of Iceland Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated September 29, 1984, is hereby approved by Congress as a governing international fishery agreement for purposes of that Act, and may enter into force with respect to the United States in accordance with the terms of Article XVI of the agreement after the date of the enactment of this title. TITLE II—ARTIFICIAL REEFS ^^^' ^^^' ^^^^"^ TITLE.

note.

This title may be cited as the "National Fishing Enhancement Act of 1984".

33 USC 2101.

SEC. 202. FINDINGS AND CONCLUSIONS.

(a) FINDINGS.—The Congress finds that— (1) although fishery products provide an important source of protein and industrial products for United States consumption. United States fishery production annually falls far short of satisfying United States demand; (2) overfishing and the degradation of vital fishery resource habitats have caused a reduction in the abundance and diversity of United States fishery resources;

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(3) escalated energy costs have had a negative effect on the Energy. economics of United States commercial and recreational fisheries; (4) commercial and recreational fisheries are a prominent factor" in United States coastal economies and the direct and indirect returns to the United States economy from commercial and recreational fishing expenditures are threefold; and (5) properly designed, constructed, and located artificial reefs in waters covered under this title can enhance the habitat and diversity of fishery resources; enhance United States recreational and commercial fishing opportunities; increase the production of fishery products in the United States; increase the energy efficiency of recreational and commercial fisheries; and contribute to the United States and coastal economies. (b) PURPOSE.—The purpose of this title is to promote and facilitate responsible and effective efforts to establish artificial reefs in waters covered under this title. SEC. 203. ESTABLISHMENT OF STANDARDS.

33 USC 2102.

Based on the best scientific information available, artificial reefs Water. in waters covered under this title shall be sited and constructed, and subsequently monitored and managed in a manner which will— (1) enhance fishery resources to the maximum extent practicable; (2) facilitate access and utilization by United States recreational and commercial fishermen; (3) minimize conflicts among competing uses of waters covered under this title and the resources in such waters; (4) minimize environmental risks and risks to personal health Pollution. and property; and (5) be consistent with generally accepted principles of international law and shall not create any unresisonable obstruction to navigation. SEC. 204. NATIONAL ARTIFICIAL REEF PLAN.

33 USC 2103.

Not later than one year after the date of enactment of this title, the Secretary of Commerce, in consultation with the Secretary of the Interior, the Secretary of Defense, the Administrator of the Environmental Protection Agency, the Secretary of the Department in which the Coast Guard is operating, the Regional Fishery Managment Councils, interested States, Interstate Fishery Commissions, and representatives of the private sector, shall develop and publish a long-term plan which will meet the purpose of this title and be consistent with the standards established under section 203. The plan must include— (1) geographic, hydrographic, geologic, biological, ecological, Research and social, economic, and other criteria for siting artificial reefs; development. (2) design, material, and other criteria for constructing artificial reefs; (3) mechanisms and methodologies for monitoring the compliance of artificial reefs with the requirements of permits issued under section 205; (4) mechanisms and methodologies for managing the use of artificial reefs; (5) a synopsis of existing information on artificial reefs and needs for further research on artificial reef technology and management strategies; and

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Taxes. 33 USC 2104.

Pollution. 33 USC 403. 33 USC 1344. 43 USC 1333.

State and local governments.

Pollution.

33 USC 1342.

PUBLIC LAW 98-623—NOV. 8, 1984 (6) an evaluation of alternatives for facilitating the transfer of artificial reef construction materials to persons holding permits issued pursuant to section 205, including, but not limited to, credits for environmental mitigation and modified tax obligations.

SEC. 205. PERMITS FOR THE CONSTRUCTION AND MANAGEMENT OF ARTIFICIAL REEFS.

(a) SECRETARIAL ACTION ON PERMITS.—In issuing a permit for

artificial reefs under section 10 of the Rivers and Harbors Act of 1899, section 404 of the Federal Water Pollution Control Act, or section 4(e) of the Outer Continental Shelf Lands Act, the Secretary of the Army (hereinafter in this section referred to as the "Secretary") shall— (1) consult with and consider the views of appropriate Federal agencies. States, local governments, and other interested parties; (2) ensure that the provisions for siting, constructing, monitoring, and managing the artificial reef are consistent with the criteria and standards established under this title; (3) ensure that the title to the artificial reef construction material is unambiguous, and that responsibility for maintenance and the financial ability to assume liability for future damages are clearly established; and (4) consider the plan developed under section 204 and notify the Secretary of Commerce of any need to deviate from that plan. (b) TERMS AND CONDITIONS OF PERMITS.—(1) Each permit issued by the Secretary subject to this section shall specify the design and location for construction of the artificial reef and the types and quantities of materials that may be used in constructing such artificial reef. In addition, each such permit shall specify such terms and conditions for the construction, operation, maintenance, monitoring, and managing the use of the artificial reef as are necessary for compliance with all applicable provisions of law and as are necessary to ensure the protection of the environment and human safety and property. (2) Before issuing a permit under section 402 of the Federal Water Pollution Control Act for any activity relating to the siting, design, construction, operation, maintenance, monitoring, or managing of an artificial reef, the Administrator of the Environmental Protection Agency shall consult with the Secretary to ensure that such permit is consistent with any permit issued by the Secretary subject to this section. (c) LIABILITY OF PERMITTEE.—(1) A person to whom a permit is issued in accordance with subsection (a) and any insurer of that person shall not be liable for damages caused by activities required to be undertaken under any terms and conditions of the permit, if the permittee is in compliance with such terms and conditions. (2) A person to whom a permit is issued in accordance with subsection (a) and any insurer of that person shall be liable, to the extent determined under applicable law, for damages to which paragraph (1) does not apply. (3) The Secretary may not issue a permit subject to this section to a person unless that person demonstrates to the Secretary the financial ability to assume liability for all damages that may arise

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with respect to an artificial reef and for which such permittee may be hable. (4) Any person who has transferred title to artificial reef construction materials to a person to whom a permit is issued in accordance with subsection (a) shall not be liable for damages arising from the use of such materials in an artificial reef, if such materials meet applicable requirements of the plan published under section 204 and are not otherwise defective at the time title is transferred. (d) LiABiliTY OF THE UNITED STATES.—Nothing in this title creates any liability on the part of the United States. (e) CIVIL PENALTY.—Any person who, after notice and an opportu-

nity for a hearing, is found to have violated any provision of a permit issued in accordance with subsection (a) shall be liable to the United States for a civil penalty, not to exceed $10,000 for each violation. The amount of the civil penalty shall be assessed by the Secretary by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the violation. The Secretary may compromise, modify, or remit with or without conditions, any civil penalty which is subject to imposition or which has been imposed under this section. If any person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General for collection. SEC. 206. DEFINITIONS. For purposes of this title— (1) The term "artificial r e e f means a structure which is constructed or placed in waters covered under this title for the purpose of enhancing fishery resources and commercial and recreational fishing opportunities. (2) The term "State" means a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, American Samoa, Guam, Johnston Island, Midway Island, and Wake Island. (3) The term "waters covered under this title" means the navigable waters of the United States and the waters superjacent to the Outer Continental Shelf as defined in section 2 of the Outer Contmental Shelf Lands Act (43 U.S.C. section 1331), to the extent such waters exist in or are adjacent to any State.

33 USC 2105.

SEC. 207. USE OF CERTAIN VESSELS AS ARTIFICIAL REEFS. The Act entitled "An Act to authorize appropriations for the fiscal year 1973 for certain maritime programs of the Department of Commerce and for other purposes", approved August 22, 1972 (16 U.S.C. 1220-1220C), is amended— (1) by striking out "Liberty" each place it appears in sections 3, 4, 5, and 6 and inserting in lieu thereof "obsolete"; (2) by striking out "Commerce" in section 3 and inserting in 16 USC 1220. lieu thereof "Transportation"; (3) by striking out "shall" in the matter preceding paragraph 16 USC 1220a. (1) in section 4 and inserting in lieu thereof "may", and (4) by adding at the end thereof the following new section: "SEC. 7. For purposes of sections 3, 4, 5, and 6, the term 'obsolete 16 USC I220d. ship' means any vessel owned by the Department of Transportation that has been determined to be of insufficient value for commercial or national defense purposes to warrant its maintenance and preser-

31-194 0 - 86 - 33: QL.3 PartS

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vation in the national defense reserve fleet and has been designated as an artificial reef candidate.". 33 USC 2106.

SEC. 208. SAVINGS CLAUSES.

(a) TENNESSEE VALLEY AUTHORITY JURISDICTION.—Nothing in this title shall be construed as replacing or superseding section 26a of the Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. 831y-l). (b) STATE JURISDICTION.—Nothing in this title shall be construed as extending or diminishing the jurisdiction or authority of any State over the siting, construction, monitoring, or managing of artificial reefs within its boundaries. Antarctic Marine Living Resources Convention Act of 1984. 16 USC 2431 note. 16 USC 2431.

TIAS 10240.

16 USC 2432.

TITLE III—ANTARCTIC MARINE LIVING RESOURCES CONVENTION SEC. 301. SHORT TITLE.

This title may be cited as the "Antarctic Marine Living Resources Convention Act of 1984". SEC. 302. FINDINGS AND PURPOSE.

(a) FINDINGS.—The Congress finds that— (1) the Convention on the Conservation of Antarctic Marine Living Resources establishes international mechanisms and creates legal obligations necessary for the protection and conservation of Antarctic marine living resources; (2) the Convention incorporates an innovative ecosystem approach to the management of Antarctic marine living resources, including standards designed to ensure the health of the individual populations and species and to maintain the health of the Antarctic marine ecosystem as a whole; (3) the Convention serves important United States environmental and resource management interests; (4) the Convention represents an important contribution to United States long term legal and political objectives of maintenance of Antarctica as an area of peaceful international cooperation; (5) United States basic and directed research programs concerning the marine living resources of the Antarctic are essential to achieve the United States goal of effective implementation of the objectives of the Convention; and (6) the United States has important security, economic, and environmental interests in developing and maintaining a fleet of icebreaking vessels capable of operating effectively in the heavy ice regions of Antarctica. (b) PURPOSE.—The purpose of this title is to provide the legislative authority necessary to implement, with respect to the United States, the Convention on the Conservation of Antarctic Marine Living Resources. SEC. 303. DEFINITIONS.

For purposes of this title— (1) ANTARCTIC CONVERGENCE.—The term "Antarctic Convergence" means a line joining the following points along the parallels of latitude and meridians of longitude: 50 degrees south, 0 degrees; 50 degrees south, 30 degrees east; 45 degrees south, 30 degrees east; 45 degrees south, 80 degrees east; 55

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degrees south, 80 degrees east; 55 degrees south, 150 degrees east; 60 degrees south, 150 degrees east; 60 degrees south; 50 degrees west; 50 degrees south, 50 degrees west; and 50 degrees south, 0 degrees. (2) ANTARCTIC MARINE UVING RESOURCES.—The term "Antarctic marine living resources" means the population of finfish, molluscs, crustaceans and all other species of living organisms, including birds, found south of the Antarctic Convergence. (3) COMMISSION.—The term "Commission" means the Commission for the Conservation of Antarctic Marine Living Resources established pursuant to article VII of the Convention. (4) CONVENTION.—The term "Convention" means the Convention on the Conservation of Antarctic Marine Living Resources, done at Canberra, Australia, May 7, 1980, and entered into force with respect to the United States on April 7, 1982. (5) HARVESTING OR OTHER ASSOCIATED ACTIVITIES.—The terms "harvesting" and "harvesting or other associated activities" mean— (A) the harassing, molesting, harming, pursuing, hunting, shooting, wounding, killing, trapping, or capturing of Antarctic marine living resources; (B) attempting to engage in any activity set forth in subparagraph (A); (C) any other activity which can reasonably be expected to result in any activity described in subparagraph (A); and (D) any operations at sea in support of, or in preparation for, any activity described in subparagraphs (A) through (C). (6) HARVEST.—The term "harvest" means to engage in harvesting or other associated activities, (7) IMPORT.—The term "import" means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing constitutes an importation within the meaning of the customs laws of the United States. (8) PERSON.—The term "person" means an individual, partnership, corporation, trust, association, and any other entity subject to the jurisdiction of the United States. (9) SCIENTIFIC COMMITTEE.—The term "Scientific Committee" means the Scientific Committee for the Conservation of Antarctic Marine Living Resources established pursuant to article XIV of the Convention. (10) VESSEL OF THE UNITED STATES.—The term "vessel of the United States" means— (A) a vessel documented under chapter 121 of title 46, United States Code, or a vessel numbered as provided in chapter 123 of that title; (B) a vessel owned in whole or in part by— (i) the United States or a territory, commonweeilth, or possession of the United States; (ii) a State or political subdivision thereof; (iii) a citizen or national of the United States; or (iv) a corporation created under the laws of the United States or any State, the District of Columbia, or any territory, commonwealth, or possession of the United States;

TIAS 10240.

97 Stat. 584. 46 USC 12101 et seq. 97 Stat. 590. 46 USC 12301 et seq.

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13 UST 2312.

PUBLIC LAW 98-623—NOV. 8, 1984 unless the vessel has been granted the nationality of a foreign nation in accordance with Article 5 of the 1958 Convention on the High Seas; and (C) a vessel that was once documented under the laws of the United States and, in violation of the laws of the United States, was either sold to a person not a citizen of the United States or placed under foreign registry or a foreign flag, whether or not the vessel has been granted the nationality of a foreign nation in accordance with Article 5 of the 1958 Convention on the High Seas. (11) VESSEL SUBJECT TO THE JURISDICTION OF THE UNITED

STATES.—The term "vessel subject to the jurisdiction of the United States" includes a vessel without nationality or a vessel assimilated to a vessel without nationality, in accordance with paragraph (2) of Article 6 of the 1958 Convention on the High Seas. 16 USC 2433.

SEC. 304. REPRESENTATIVES. (a) REPRESENTATIVE TO THE COMMISSION.—The Secretary of State,

with the concurrence of the Secretary of Commerce and the Director of the National Science Foundation, shall appoint an officer or employee of the United States as the United States representative to the Commission. (b) REPRESENTATIVE TO THE SCIENTIFIC COMMITTEE.—The Secretary

of Commerce and the Director of the National Science Foundation, with the concurrence of the Secretary of State, shall designate the United States representative to the Scientific Committee. (c) COMPENSATION.—The United States representatives to the Commission and the Scientific Committee shall receive no additional compensation by reason of their services as such representatives. 16 USC 2434.

Federal Register, publication.

SEC. 305. CONSERVATION MEASURES; SYSTEM OF OBSERVATION AND INSPECTION.

(a) CONSERVATION MEASURES.—(1) The Secretary of State, with the concurrence of the Secretary of Commerce and the Director of the National Science Foundation, is authorized— (A) to decide on behalf of the United States whether the United States is unable to accept or can no longer accept a conservation measure adopted by the Commission pursuant to article IX of the Convention, and (B) to notify the Commission of any such decision in accordance with article IX of the Convention. (2) The Secretary of State shall— (A) publish in the Federal Register, if practicable, timely notice of each proposed decision under paragraph (1) and invite written public comment regarding it; and (B) publish in the Federal Register notice of each notification made to the Commission under paragraph (1). (b) SYSTEM OF OBSERVATION AND INSPECTION.—The Secretary of

State, with the concurrence of the Secretary of Commerce, the Director of the National Science Foundation and the Secretary of the department in which the Coast Guard is operating, is authorized to agree on behalf of the United States to the establishment of a system of observation and inspection, and to interim arrangements pending establishment of such a system, pursuant to article XXIV of the Convention.

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(c) COMMUNICATIONS FROM THE COMMISSION.—The Secretary of

State is further authorized to receive, on behalf of the United States Government, reports, requests, and other communications from the Commission and to take appropriate action on them, either directly or by reference to the appropriate authority. SEC. 306. UNLAWFUL ACTIVITIES.

It is unlawful for any person— (1) to engage in harvesting or other associated activities in violation of the provisions of the Convention or in violation of a conservation measure in force with respect to the United States pursuant to article IX of the Convention; (2) to violate any regulation promulgated under this title; (3) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control or possession of, any Antarctic marine living resource (or part or product thereof which he knows, or reasonably should have known, was harvested in violation of a conservation measure in force with respect to the United States pursuant to article IX of the Convention or in violation of any regulation promulgated under this title, without regard to the citizenship of the person that harvested, or vessel that was used in the harvesting of, the Antarctic marine living resource (or part or product thereof); (4) to refuse to permit any authorized officer or employee of the United States to board a vessel of the United States or a vessel subject to the jurisdiction of the United States for purposes of conducting any search or inspection in connection with the enforcement of the Convention, this title, or any regulations promulgated under this title; (5) to assault, resist, oppose, impede, intimidate, or interfere with any authorized officer or employee of the United States in the conduct of any search or inspection described in paragraph (4); (6) to resist a lawful arrest or detention for any act prohibited by this section; or (7) to interfere with, delay, or prevent, by any means, the apprehension, arrest, or detention of another person, knowing that such other person has committed any act prohibited by this section. SEC. 307. REGULATIONS.

Report

Law enforcement. 16 USC 2435. Conservation. TIAS 10240.

16 USC 2436.

The Secretary of Commerce, after consultation with the Secretary of State, the Secretary of the department in which the Coast Guard is operating, and the heads of other appropriate departments or agencies of the United States, shall promulgate such regulations as are necessary and appropriate to implement the provisions of this title. SEC. 308. CIVIL PENALTIES.

(a) ASSESSMENT OF PENALTIES.—(1) Any person who is found by the Secretary of Commerce, after notice and opportunity for a hearing in accordance with subsection (b), to have committed any act prohibited by section 306 shall be liable to the United States for a civil penalty. The amount of the civil penalty shall not exceed $5,000 for each violation unless the prohibited act was knowingly committed, in which case the amount of the civil penalty shall not exceed $10,000 for each violation. Each day of a continuing violation shall

Prohibition. 16 USC 2437.

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Courts, U.S.

Courts, U.S.

PUBLIC LAW 98-623—NOV. 8, 1984

constitute a separate violation for purposes of this subsection. The amount of any civil penalty shall be assessed by the Secretary of Commerce by written notice. In determining the amount of such penalty, the Secretary of Commerce shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed, and, with respect to the person committing the violation, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require, to the extent that such information is reasonably available to the Secretary. (2) The Secretary of Commerce may compromise, modify, or remit, with or without conditions, any civil penalty which is subject to imposition or which has been imposed under this section, until such time as the matter is referred to the Attorney General under subsection (c) of this section. (b) HEARINGS.—Hearings for the assessment of civil penalties under subsection (a) shall be conducted in accordance with section 554 of title 5, United States Code. For the purposes of conducting any such hearing, the Secretary of Commerce may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In case of contumacy or refusal to obey a subpoena served upon any person pursuant to this subsection, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the Attorney General of the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Secretary of Commerce or to appear and produce documents before the Secretary of Commerce, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. (c) REVIEW OF CIVIL PENALTY.—Any person against whom a civil penalty is assessed under subsection (a) of this section may obtain review thereof in the appropriate district court of the United States by filing a notice of appeal in such court within 30 days from the date of such order and by simultaneously sending a copy of such notice by certified mail to the Secretary of Commerce, the Attorney General, and the appropriate United States Attorney. The Secretary of Commerce shall promptly refer the matter to the Attorney General of the United States, who shall file in such court a certified copy of the record upon which the violation was found or such penalty imposed, as provided in section 2112 of title 28, United States Code. The court shall set aside the findings and order of the Secretary if the findings and order are found to be unsupported by substantial evidence, as provided in section 706(2)(E) of title 5, United States Code. (d) RECOVERY OF CIVIL PENALTIES.—The Attorney General of the United States may seek to recover in any appropriate district court of the United States (1) any civil penalty imposed under this section that has become a final and unappealable order and has been referred to the Attorney General by the Secretary of Commerce or (2) any final judgment rendered under this section in favor of the United States by an appropriate Court. (e) PENALTIES UNDER OTHER LAWS.—The assessment of a civil penalty under subsection (a) for any act shall not be deemed to

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preclude the assessment of a civil penalty for such act under any other law. SEC. 309. CRIMINAL OFFENSES.

16 USC 2438.

(a) OFFENSES.—A person is guilty of an offense if that person commits any act prohibited by paragraph (4), (5), (6), or (7) of section 306. (b) PUNISHMENT.—Any offense described in subsection (a) is punishable by a fine of $50,000, or imprisonment for not more than ten years, or both. (c) OFFENSES UNDER OTHER LAWS.—A conviction under subsection (a) for any act shall not be deemed to preclude a conviction for such act under any other law.

Prohibition,

SEC. 310. ENFORCEMENT.

16 USC 2439.

(a) RESPONSIBILITY.—The provisions of this title shall be enforced by the Secretary of Commerce and the Secretary of the department in which the Coast Guard is operating. Such Secretaries may utilize by agreement, on a reimbursable basis or otherwise, the personnel, services, and facilities of any other department or agency of the United States in the performance of such duties. Ob) POWERS OF AUTHORIZED OFFICERS AND EMPLOYEES.—Any officer or employee of the United States who is authorized Qoy the Secretary of Commerce, the Secretary of the department in which the Coast Guard is operating, or the head of any department or agency of the United States which has entered into an agreement with either Secretary under subsection (a)) to enforce the provisions of this title and of any regulation promulgated under this title may, in enforcing such provisions— (1) secure, execute, and serve any order, warrant, subpoena, or other process, which is issued under the authority of the United States; (2) search without warrant any person, place, vehicle or aircraft subject to the jurisdiction of the United States where there are reasonable grounds to believe that a person has committed or is attempting to commit an act prohibited by section 306; (3) with or without a warrant board and search or inspect any Vessels, vessel of the United States or vessel subject to the jurisdiction of the United States; (4) seize without warrant— (A) any evidentiary item where there are reasonable grounds to believe that a person has committed or is attempting to commit an act prohibited by section 306, (B) any Antarctic marine living resources (or part of product thereof) with respect to which such an act is committed, (C) any vessel of the United States (including its gear, furniture, appurtenances, stores, and cargo), any vessel subject to the jurisdiction of the United States (including its gear, furniture, appurtenances, stores, and cargo), and any vehicle, aircraft, or other means of transportation subject to the jurisdiction of the United States used in connection with such an act, and (D) any guns, traps, nets, or equipment used in connection with such an act;

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