22 U.S.C. § 6762 — Specific enforcement

Page 1856 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6762 order to pay a civil penalty in an amount not to exceed $25,000 for each such violation. For purposes of this paragraph, each day such a violation of section 6726 of this title continues shall constitute a separate viola- tion of that section. (B) Recordkeeping violations Any person that is determined, in accord- ance with paragraph (2), to have violated section 6745 of this title shall be required by order to pay a civil penalty in an amount not to exceed $5,000 for each such violation. (2) Hearing (A) In general Before imposing an order described in paragraph (1) against a person under this subsection for a violation of section 6726 or 6745 of this title, the Secretary of State shall provide the person or entity with notice and, upon request made within 15 days of the date of the notice, a hearing respecting the viola- tion. (B) Conduct of hearing Any hearing so requested shall be con- ducted before an administrative law judge. The hearing shall be conducted in accord- ance with the requirements of section 554 of title 5. If no hearing is so requested, the Sec- retary of State’s imposition of the order shall constitute a final and unappealable order. (C) Issuance of orders If the administrative law judge deter- mines, upon the preponderance of the evi- dence received, that a person or entity named in the complaint has violated section 6726 or 6745 of this title, the administrative law judge shall state his findings of fact and issue and cause to be served on such person or entity an order described in paragraph (1). (D) Factors for determination of penalty amounts In determining the amount of any civil penalty, the administrative law judge shall take into account the nature, cir- cumstances, extent, and gravity of the viola- tion or violations and, with respect to the violator, the ability to pay, effect on ability to continue to do business, any history of prior such violations, the degree of culpa- bility, the existence of an internal compli- ance program, and such other matters as justice may require. (3) Administrative appellate review The decision and order of an administrative law judge shall become the final agency deci- sion and order of the head of the United States National Authority unless, within 30 days, the head of the United States National Authority modifies or vacates the decision and order, with or without conditions, in which case the decision and order of the head of the United States National Authority shall become a final order under this subsection. (4) Offsets The amount of the civil penalty under a final order of the United States National Au- thority may be deducted from any sums owed by the United States to the person. (5) Judicial review A person adversely affected by a final order respecting an assessment may, within 30 days after the date the final order is issued, file a petition in the Court of Appeals for the Dis- trict of Columbia Circuit or for any other cir- cuit in which the person resides or transacts business. (6) Enforcement of orders If a person fails to comply with a final order issued under this subsection against the per- son or entity— (A) after the order making the assessment has become a final order and if such person does not file a petition for judicial review of the order in accordance with paragraph (5), or (B) after a court in an action brought under paragraph (5) has entered a final judg- ment in favor of the United States National Authority, the Secretary of State shall file a suit to seek compliance with the order in any appropriate district court of the United States, plus inter- est at currently prevailing rates calculated from the date of expiration of the 30-day pe- riod referred to in paragraph (5) or the date of such final judgment, as the case may be. In any such suit, the validity and appropriate- ness of the final order shall not be subject to review. (b) Criminal Any person who knowingly violates any provi- sion of section 6726 or 6745 of this title, shall, in addition to or in lieu of any civil penalty which may be imposed under subsection (a) for such violation, be fined under title 18, imprisoned for not more than one year, or both. (Pub. L. 105–277, div. I, title V, § 501, Oct. 21, 1998, 112 Stat. 2681–883.) Executive Documents DELEGATION OF FUNCTIONS For authority of Secretary of Commerce to carry out certain functions with respect to proceedings under subsec. (a), and to issue regulations with respect there- to, see section 4 of Ex. Ord. No. 13128, June 25, 1999, 64 F.R. 34703, set out as a note under section 6711 of this title. § 6762. Specific enforcement (a) Jurisdiction The district courts of the United States shall have jurisdiction over civil actions to— (1) restrain any violation of section 6726 or 6745 of this title; and (2) compel the taking of any action required by or under this chapter or the Convention. (b) Civil actions (1) In general A civil action described in subsection (a) may be brought— (A) in the case of a civil action described in subsection (a)(1), in the United States dis- Page 1857 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6771 trict court for the judicial district in which any act, omission, or transaction consti- tuting a violation of section 6726 or 6745 of this title occurred or in which the defendant is found or transacts business; or (B) in the case of a civil action described in subsection (a)(2), in the United States dis- trict court for the judicial district in which the defendant is found or transacts business. (2) Service of process In any such civil action process may be served on a defendant wherever the defendant may reside or may be found, whether the de- fendant resides or may be found within the United States or elsewhere. (Pub. L. 105–277, div. I, title V, § 502, Oct. 21, 1998, 112 Stat. 2681–885.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(2), was in the original ‘‘this Act’’ and was translated as reading ‘‘this division’’, meaning div. I of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–856, known as the Chemical Weapons Convention Implementation Act of 1998, to reflect the probable intent of Congress. For complete classifica- tion of division I to the Code, see Short Title note set out under section 6701 of this title and Tables. § 6763. Expedited judicial review (a) Civil action Any person or entity subject to a search under this chapter may file a civil action challenging the constitutionality of any provision of this chapter. Notwithstanding any other provision of law, during the full calendar year of, and the two full calendar years following October 21, 1998, the district court shall accord such a case a priority in its disposition ahead of all other civil actions except for actions challenging the legality and conditions of confinement. (b) En banc review Notwithstanding any other provision of law, during the full calendar year of, and the two full calendar years following October 21, 1998, any appeal from a final order entered by a district court in an action brought under subsection (a) shall be heard promptly by the full Court of Ap- peals sitting en banc. (Pub. L. 105–277, div. I, title V, § 503, Oct. 21, 1998, 112 Stat. 2681–885.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’ and was translated as reading ‘‘this division’’, meaning div. I of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–856, known as the Chemical Weapons Convention Implementation Act of 1998, to reflect the probable intent of Congress. For complete classifica- tion of division I to the Code, see Short Title note set out under section 6701 of this title and Tables. SUBCHAPTER V—MISCELLANEOUS PROVISIONS § 6771. Prohibition (a) In general Neither the Secretary of Defense nor any other officer or employee of the United States may, directly or by contract— (1) conduct any test or experiment involving the use of any chemical or biological agent on a civilian population; or (2) use human subjects for the testing of chemical or biological agents. (b) Construction Nothing in subsection (a) may be construed to prohibit actions carried out for purposes not prohibited by this chapter (as defined in section 6701(8) of this title). (c) ‘‘Biological agent’’ defined In this section, the term ‘‘biological agent’’ means any micro-organism (including bacteria, viruses, fungi, rickettsiae or protozoa), patho- gen, or infectious substance, or any naturally occurring, bio-engineered or synthesized compo- nent of any such micro-organism, pathogen, or infectious substance, whatever its origin or method of production, capable of causing— (1) death, disease, or other biological mal- function in a human, an animal, a plant, or another living organism; (2) deterioration of food, water, equipment, supplies, or materials of any kind; or (3) deleterious alteration of the environ- ment. (Pub. L. 105–277, div. I, title VI, § 602, Oct. 21, 1998, 112 Stat. 2681–886.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original ‘‘this Act’’ and was translated as reading ‘‘this division’’, meaning div. I of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–856, known as the Chemical Weapons Convention Implementation Act of 1998, to reflect the probable intent of Congress. For complete classifica- tion of division I to the Code, see Short Title note set out under section 6701 of this title and Tables. CHAPTER 76—ASSISTANCE TO COUNTRIES WITH LARGE POPULATIONS HAVING HIV/ AIDS Sec. 6801. Definitions. 6802. Findings and purposes. SUBCHAPTER I—UNITED STATES ASSISTANCE 6811. Coordinated donor strategy for support and education of orphans in sub-Saharan Africa. 6812. African crisis response initiative and HIV/ AIDS training. SUBCHAPTER II—WORLD BANK AIDS TRUST FUND PART A—ESTABLISHMENT OF THE FUND 6821. Establishment. 6822. Grant authorities. 6823. Administration. 6824. Advisory Board. PART B—REPORTS 6831. Reports to Congress.