7 U.S.C. § 2354 — Subpoenas; witnesses

Page 1497 TITLE 7—AGRICULTURE § 2354 (2) The Official Journal of the Plant Variety Protection Office, including annual indices. (3) Pamphlet copies of the plant variety pro- tection laws and rules of practice and circu- lars or other publications relating to the busi- ness of the Office. (b) The Secretary may (1) establish public fa- cilities for the searching of plant variety protec- tion records and materials, and (2) from time to time, as through an information service, dis- seminate to the public those portions of the technological and other public information available to or within the Plant Variety Protec- tion Office to encourage innovation and promote the progress of plant breeding. (c) The Secretary may exchange any of the publications specified for publications desirable for the use of the Plant Variety Protection Of- fice. The Secretary may exchange copies of de- scriptions, drawings, and photographs of United States protected plant varieties for copies of de- scriptions, drawings, and photographs of appli- cations and protected plant varieties of foreign countries. (Pub. L. 91–577, title I, § 10, Dec. 24, 1970, 84 Stat. 1543; Pub. L. 96–574, §§ 5–8, Dec. 22, 1980, 94 Stat. 3350; Pub. L. 103–349, § 13(b), Oct. 6, 1994, 108 Stat. 3143.) Editorial Notes AMENDMENTS 1994—Subsec. (a). Pub. L. 103–349 substituted ‘‘the Secretary’’ for ‘‘he’’ before ‘‘shall’’ in introductory pro- visions. 1980—Subsec. (a)(1). Pub. L. 96–574, § 5, substituted provisions respecting descriptions for provisions re- specting specifications. Subsec. (b). Pub. L. 96–574, §§ 6, 7, struck out subsec. (b) which related to photolithography and lithography, redesignated subsec. (c) as (b) and substituted ‘‘plant breeding’’ for ‘‘the useful arts’’. Subsecs. (c), (d). Pub. L. 96–574, §§ 7, 8, redesignated subsec. (d) as (c) and substituted ‘‘descriptions’’ for ‘‘specifications’’ in two places. Former subsec. (c) re- designated (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title. § 2331. Copies for public libraries The Secretary may supply printed copies of descriptions, drawings, and photographs of pro- tected plant varieties to public libraries in the United States which shall maintain such copies for the use of the public. (Pub. L. 91–577, title I, § 11, Dec. 24, 1970, 84 Stat. 1544; Pub. L. 96–574, § 9, Dec. 22, 1980, 94 Stat. 3350.) Editorial Notes AMENDMENTS 1980—Pub. L. 96–574 substituted ‘‘descriptions’’ for ‘‘specifications’’. PART B—LEGAL PROVISIONS AS TO THE PLANT VARIETY PROTECTION OFFICE § 2351. Day for taking action falling on Saturday, Sunday, or holiday When the day, or the last day, for taking any action or paying any fee in the United States Plant Variety Protection Office falls on Satur- day, Sunday, a holiday within the District of Co- lumbia, or on any other day the Plant Variety Protection Office is closed for the receipt of pa- pers, the action may be taken or the fee paid, on the next succeeding business day. (Pub. L. 91–577, title I, § 21, Dec. 24, 1970, 84 Stat. 1544.) § 2352. Form of papers filed The Secretary may by regulations prescribe the form of papers to be filed in the Plant Vari- ety Protection Office. (Pub. L. 91–577, title I, § 22, Dec. 24, 1970, 84 Stat. 1544.) § 2353. Testimony in Plant Variety Protection Of- fice cases The Secretary may establish regulations for taking affidavits, depositions, and other evi- dence required in cases before the Plant Variety Protection Office. Any officer authorized by law to take depositions to be used in the courts of the United States, or of the State where the offi- cer resides, may take such affidavits and deposi- tions, and swear the witnesses. If any person acts as a hearing officer by authority of the Sec- retary, the person shall have like power. (Pub. L. 91–577, title I, § 23, Dec. 24, 1970, 84 Stat. 1544; Pub. L. 103–349, § 13(c), Oct. 6, 1994, 108 Stat. 3143.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–349 substituted ‘‘the officer’’ for ‘‘he’’ in second sentence and ‘‘the person’’ for ‘‘he’’ in third sentence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title. § 2354. Subpoenas; witnesses (a) The clerk of any United States court for the district wherein testimony is to be taken in accordance with regulations established by the Secretary for use in any contested case in the Plant Variety Protection Office shall, upon the application of any party thereof, issue a sub- poena for any witness residing or being within such district or within one hundred miles of the stated place in such district, commanding the witness to appear and testify before an officer in such district authorized to take depositions and affidavits, at the time and place stated in the subpoena. The provisions of the Federal Rules of Civil Procedure relating to the attendance of witnesses and the production of documents and Page 1498 TITLE 7—AGRICULTURE § 2355 things shall apply to contested cases in the Plant Variety Protection Office insofar as con- sistent with such regulations. (b) Every witness subpoenaed or testifying shall be allowed the fees and traveling expenses allowed to witnesses attending the United States district courts. (c) A judge of a court whose clerk issued a sub- poena may enforce obedience to the process or punish disobedience as in other like cases, on proof that a witness, served with such subpoena, neglected or refused to appear or to testify. No witness shall be deemed guilty of contempt for disobeying such subpoena unless the fees and traveling expenses of the witness in going to, and returning from, one day’s attendance at the place of examination, are paid or tendered the witness at the time of the service of the sub- poena; nor for refusing to disclose any secret matter except upon appropriate order of the court which issued the subpoena or of the Sec- retary. (Pub. L. 91–577, title I, § 24, Dec. 24, 1970, 84 Stat. 1544; Pub. L. 103–349, § 13(d), Oct. 6, 1994, 108 Stat. 3143.) Editorial Notes AMENDMENTS 1994—Subsec. (a). Pub. L. 103–349, § 13(d)(1), sub- stituted ‘‘the witness’’ for ‘‘him’’ in first sentence. Subsec. (c). Pub. L. 103–349, § 13(d)(2)(B), substituted ‘‘the witness’’ for ‘‘him’’ after ‘‘paid or tendered’’ in second sentence. Pub. L. 103–349, § 13(d)(2)(A), which directed that sec- ond sentence be amended by substituting ‘‘the fees and traveling expenses of the witness’’ for ‘‘this fees and traveling expenses’’, was executed by making the sub- stitution for ‘‘his fees and traveling expenses’’, to re- flect the probable intent of Congress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title. § 2355. Effect of defective execution Any document to be filed in the Plant Variety Protection Office and which is required by any law or regulation to be executed in a specified manner may be provisionally accepted by the Secretary despite a defective execution, pro- vided a properly executed document is sub- mitted within such time as may be prescribed. (Pub. L. 91–577, title I, § 25, Dec. 24, 1970, 84 Stat. 1545.) § 2356. Regulations for practice before the Office The Secretary shall prescribe regulations gov- erning the admission to practice and conduct of persons representing applicants or other parties before the Plant Variety Protection Office. The Secretary may, after notice and opportunity for a hearing, suspend or exclude, either generally or in any particular case, from further practice before the Office of Plant Variety Protection any person shown to be incompetent or disrepu- table or guilty of gross misconduct. (Pub. L. 91–577, title I, § 26, Dec. 24, 1970, 84 Stat. 1545.) § 2357. Unauthorized practice Anyone who in the United States engages in direct or indirect practice before the Office of Plant Variety Protection while suspended or ex- cluded under section 2356 of this title, or with- out being admitted to practice before the Office, shall be liable in a civil action for the return of all money received, and for compensation for damage done by such person and also may be en- joined from such practice. However, there shall be no liability for damage if such person estab- lishes that the work was done competently and without negligence. This section does not apply to anyone who, without a claim of self-suffi- ciency, works under the supervision of another who stands admitted and is the responsible party; or to anyone who establishes that the person acted only on behalf of any employer by whom the person was regularly employed. (Pub. L. 91–577, title I, § 27, Dec. 24, 1970, 84 Stat. 1545; Pub. L. 103–349, § 13(e), Oct. 6, 1994, 108 Stat. 3143.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–349 substituted ‘‘the person’’ for ‘‘he’’ in two places in last sentence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title. PART C—PLANT VARIETY PROTECTION FEES § 2371. Plant variety protection fees (a) In general The Secretary shall, under such regulations as the Secretary may prescribe, charge and collect reasonable fees for services performed under this chapter. (b) Late payment penalty On failure to pay such fees, the Secretary shall assess a late payment penalty. Such over- due fees shall accrue interest as required by sec- tion 3717 of title 31. (c) Disposition of funds Such fees, late payment penalties, and accrued interest collected shall be credited to the ac- count that incurs the cost and shall remain available without fiscal year limitation to pay the expenses incurred by the Secretary in car- rying out this chapter. Such funds collected (in- cluding late payment penalties and any interest earned) may be invested by the Secretary in in- sured or fully collateralized, interest-bearing ac- counts or, at the discretion of the Secretary, by the Secretary of the Treasury in United States Government debt instruments. (d) Actions for nonpayment The Attorney General may bring an action for the recovery of charges that have not been paid in accordance with this chapter against any per- son obligated for payment of such charges under this chapter in any United States district court