42 U.S.C. § 7608 — Mandatory licensing

Page 7397 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7608 provision respecting review under section 7411(j), 7412(c), 7413(d), or 7419 of this title, provision author- izing review under section 1857c–10(c)(2)(A), (B), or (C) to the period prior to Aug. 7, 1977, and provisions au- thorizing review of denials or disapprovals by the Ad- ministrator under subchapter I of this chapter. Pub. L. 95–95, § 305(c), (h), inserted rules or orders issued under section 7420 of this title (relating to non- compliance penalties) and any other nationally appli- cable regulations promulgated, or final action taken, by the Administrator under this chapter to the enu- meration of actions of the Administrator for which a petition for review may be filed only in the United States Court of Appeals for the District of Columbia, added the approval or promulgation by the Adminis- trator of orders under section 7420 of this title, or any other final action of the Administrator under this chapter which is locally or regionally applicable to the enumeration of actions by the Administrator for which a petition for review may be filed only in the United States Court of Appeals for the appropriate circuit, in- serted provision that petitions otherwise capable of being filed in the Court of Appeals for the appropriate circuit may be filed only in the Court of Appeals for the District of Columbia if the action is based on a deter- mination of nationwide scope, and increased from 30 days to 60 days the period during which the petition must be filed. Subsec. (d). Pub. L. 95–95, § 305(a), added subsec. (d). Subsec. (e). Pub. L. 95–95, § 303(d), added subsec. (e). Subsec. (f). Pub. L. 95–95, § 305(f), added subsec. (f). Subsec. (g). Pub. L. 95–95, § 305(g), added subsec. (g). 1974—Subsec. (b)(1). Pub. L. 93–319 inserted reference to the Administrator’s action under section 1857c–10(c)(2)(A), (B), or (C) of this title or under regula- tions thereunder and substituted reference to the filing of a petition within 30 days from the date of promulga- tion, approval, or action for reference to the filing of a petition within 30 days from the date of promulgation or approval. 1971—Subsec. (a)(1). Pub. L. 92–157 substituted ref- erence to section ‘‘7545(c)(3)’’ for ‘‘7545(c)(4)’’ of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–95 effective Aug. 7, 1977, ex- cept as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as a note under section 7401 of this title. TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 1013 of Title 5, Government Organization and Employees. PENDING ACTIONS AND PROCEEDINGS Suits, actions, and other proceedings lawfully com- menced by or against the Administrator or any other officer or employee of the United States in his official capacity or in relation to the discharge of his official duties under act July 14, 1955, the Clean Air Act, as in effect immediately prior to the enactment of Pub. L. 95–95 [Aug. 7, 1977], not to abate by reason of the taking effect of Pub. L. 95–95, see section 406(a) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS, DETERMINATIONS, CONTRACTS, CERTIFI- CATIONS, AUTHORIZATIONS, DELEGATIONS, AND OTHER ACTIONS All rules, regulations, orders, determinations, con- tracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursu- ant to act July 14, 1955, the Clean Air Act, as in effect immediately prior to the date of enactment of Pub. L. 95–95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Pub. L. 95–95 [this chapter], see section 406(b) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. § 7608. Mandatory licensing Whenever the Attorney General determines, upon application of the Administrator— (1) that— (A) in the implementation of the require- ments of section 7411, 7412, or 7521 of this title, a right under any United States letters patent, which is being used or intended for public or commercial use and not otherwise reasonably available, is necessary to enable any person required to comply with such limitation to so comply, and (B) there are no reasonable alternative methods to accomplish such purpose, and (2) that the unavailability of such right may result in a substantial lessening of competi- tion or tendency to create a monopoly in any line of commerce in any section of the coun- try, the Attorney General may so certify to a dis- trict court of the United States, which may issue an order requiring the person who owns such patent to license it on such reasonable terms and conditions as the court, after hearing, may determine. Such certification may be made to the district court for the district in which the person owning the patent resides, does business, or is found. (July 14, 1955, ch. 360, title III, § 308, as added Pub. L. 91–604, § 12(a), Dec. 31, 1970, 84 Stat. 1708.) Editorial Notes CODIFICATION Section was formerly classified to section 1857h–6 of this title. PRIOR PROVISIONS A prior section 308 of act July 14, 1955, was renum- bered section 315 by Pub. L. 91–604 and is classified to section 7615 of this title. Statutory Notes and Related Subsidiaries MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS, DETERMINATIONS, CONTRACTS, CERTIFI- CATIONS, AUTHORIZATIONS, DELEGATIONS, AND OTHER ACTIONS All rules, regulations, orders, determinations, con- tracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursu- ant to act July 14, 1955, the Clean Air Act, as in effect immediately prior to the date of enactment of Pub. L. 95–95 [Aug. 7, 1977] to continue in full force and effect Page 7398 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7609 until modified or rescinded in accordance with act July 14, 1955, as amended by Pub. L. 95–95 [this chapter], see section 406(b) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. § 7609. Policy review (a) Environmental impact The Administrator shall review and comment in writing on the environmental impact of any matter relating to duties and responsibilities granted pursuant to this chapter or other provi- sions of the authority of the Administrator, con- tained in any (1) legislation proposed by any Federal department or agency, (2) newly author- ized Federal projects for construction and any major Federal agency action (other than a project for construction) to which section 4332(2)(C) of this title applies, and (3) proposed regulations published by any department or agency of the Federal Government. Such writ- ten comment shall be made public at the conclu- sion of any such review. (b) Unsatisfactory legislation, action, or regula- tion In the event the Administrator determines that any such legislation, action, or regulation is unsatisfactory from the standpoint of public health or welfare or environmental quality, he shall publish his determination and the matter shall be referred to the Council on Environ- mental Quality. (July 14, 1955, ch. 360, title III, § 309, as added Pub. L. 91–604, § 12(a), Dec. 31, 1970, 84 Stat. 1709.) Editorial Notes CODIFICATION Section was formerly classified to section 1857h–7 of this title. PRIOR PROVISIONS A prior section 309 of act July 14, 1955, ch. 360, title III, formerly § 13, as added Dec. 17, 1963, Pub. L. 88–206, § 1, 77 Stat. 401; renumbered § 306, Oct. 20, 1965, Pub. L. 89–272, title I, § 101(4), 79 Stat. 992; renumbered § 309, Nov. 21, 1967, Pub. L. 90–148, § 2, 81 Stat. 506; renumbered § 316, Dec. 31, 1970, Pub. L. 91–604, § 12(a), 84 Stat. 1705, related to appropriations and was classified to section 1857l of this title, prior to repeal by section 306 of Pub. L. 95–95. See section 7626 of this title. Statutory Notes and Related Subsidiaries MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS, DETERMINATIONS, CONTRACTS, CERTIFI- CATIONS, AUTHORIZATIONS, DELEGATIONS, AND OTHER ACTIONS All rules, regulations, orders, determinations, con- tracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursu- ant to act July 14, 1955, the Clean Air Act, as in effect immediately prior to the date of enactment of Pub. L. 95–95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Pub. L. 95–95 [this chapter], see section 406(b) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. § 7610. Other authority (a) Authority and responsibilities under other laws not affected Except as provided in subsection (b) of this section, this chapter shall not be construed as superseding or limiting the authorities and re- sponsibilities, under any other provision of law, of the Administrator or any other Federal offi- cer, department, or agency. (b) Nonduplication of appropriations No appropriation shall be authorized or made under section 241, 243, or 246 of this title for any fiscal year after the fiscal year ending June 30, 1964, for any purpose for which appropriations may be made under authority of this chapter. (July 14, 1955, ch. 360, title III, § 310, formerly § 10, as added Pub. L. 88–206, § 1, Dec. 17, 1963, 77 Stat. 401; renumbered § 303, Pub. L. 89–272, title I, § 101(4), Oct. 20, 1965, 79 Stat. 992; amended Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 505; re- numbered § 310 and amended Pub. L. 91–604, §§ 12(a), 15(c)(2), Dec. 31, 1970, 84 Stat. 1705, 1713.) Editorial Notes CODIFICATION Section was formerly classified to section 1857i of this title. PRIOR PROVISIONS A prior section 310 of act July 14, 1955, was renum- bered section 317 by Pub. L. 91–604 and is set out as a Short Title note under section 7401 of this title. Provisions similar to those in subsec. (a) of this sec- tion were contained in section 1857f of this title, act July 14, 1955, ch. 360, § 7, 69 Stat. 323, prior to the gen- eral amendment of this chapter by Pub. L. 88–206. AMENDMENTS 1970—Subsec. (a). Pub. L. 91–604, § 15(c)(2), substituted ‘‘Administrator’’ for ‘‘Secretary’’. 1967—Subsec. (b). Pub. L. 90–148 substituted reference to section 246 of this title for reference to section 246(c) of this title. Statutory Notes and Related Subsidiaries MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS, DETERMINATIONS, CONTRACTS, CERTIFI- CATIONS, AUTHORIZATIONS, DELEGATIONS, AND OTHER ACTIONS All rules, regulations, orders, determinations, con- tracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursu- ant to act July 14, 1955, the Clean Air Act, as in effect immediately prior to the date of enactment of Pub. L. 95–95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Pub. L. 95–95 [this chapter], see section 406(b) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. § 7611. Records and audit (a) Recipients of assistance to keep prescribed records Each recipient of assistance under this chap- ter shall keep such records as the Administrator shall prescribe, including records which fully disclose the amount and disposition by such re- cipient of the proceeds of such assistance, the