10 
assurances satisfactory to the Secretary that such activity will be 
carried out in accordance with the requirements of the guidelines. 
Section 102(d) requires the Secretary within 90 days of the date of 
enactment to issue regulations for the administration of the require- 
ments of the proposed legislation. 
Prohibited acts and 'penalties ( section 103) 
Section 103(a) prohibits any person from conducting any recom- 
binant DNA activity in violation of any requirement of section 102 
of the bill ; moving recombinant DNA in violation of an order issued 
under section 105(c) (administrative detention) ; or failing or re- 
fusing to establish or maintain records, make reports or provide in- 
formation, or permit entry to instruction as required by the proposed 
legislation. 
Section 103 (b) provides that any person who violates section 103 (a) 
would be liable for a civil penalty of up to $5000 for each violation. 
Each day such a violation continues' would constitute a separate 
violation. 
Section 103(c) authorizes the Secretary, in instances in which a 
person has violated section 103(a) in carrying out a project funded 
by a grant from HEW, to cancel such grant or withhold payments 
under such grant until he determines such person will carry out such 
project in accordance with the requirements of the guidelines. 
Injunction authority — emergency procedure ( section 10 If) 
Section 104(a) confers upon U.S. district courts the jurisdiction 
over civil actions to restrain violations of section 103(a). Such actions 
are to be brought in the judicial district where the violation occurred 
or where the defendant transacts business. In such actions, process 
may be served on defendants and subpoenas served in any judicial 
district. 
Section 104(b) confers upon U.S. district courts jurisdiction over 
civil actions for (1) the seizure or destruction of recombinant DNA, 
or material used in a recombinant DNA activity, which was involved 
in a violation of section 103(a) or which presents or may present a 
significant risk to health or the environment or (2) any other appro- 
E riate relief to prevent the production or movement of such recom- 
inant DNA or material. Such actions are to be brought in the 
judicial district in which the recombinant DNA or material is found. 
Inspections ( section 105) 
Section 105(a) authorizes individuals designated as inspectors by 
the Secretary for purposes of enforcement of the requirements of 
section 102 to enter and inspect any place in which a recombinant 
DNA activity is being conducted or in which the inspector has reason- 
able grounds to believe such an activity is being conducted. Such an 
inspection is to be conducted during normal business hours (if any) 
of the place, and may extend to all things in the place bearing on 
whether the activity is being conducted in accordance with the ap- 
plicable requirements. Before entering a place, an inspector is to 
present appropriate credentials and a written notice to the person 
in charge and clearly inform such person of his authority. Upon 
completion of any inspection, the inspector is to provide the person 
in charge with a preliminary report summarizing any condition or 
[Appendix B — 140] 
