21 
103(b) (3): Judicial review 
The rights of a person, who requested a hearing ip accordance with 
paragraph (2) and against whom a civil penalty is assessed, are set 
forth in this paragraph. Such a person may file a petition for judicial 
review of such an order with the United States Court of Appeals for 
the District of Columbia Circuit or any other circuit in which, thp per- 
son resides or transacts business. Such a petition must be filed, within 
30 days from the date the order of assessment of a penalty was issued. 
If a person fails to pay an assessment of a civil penalty, the Attorney 
General may, under paragraph (4), bring action in the appropriate 
district court of the United States to recover the amount assessed plus 
interest at prevailing rates. 
103(c ) . Suspension or cancellation of grant payments 
If anyone violates the provisions of subsection 103(a) in carrying 
out a project funded by a program administered by the Secretary, 
the grant may be cancelled by the Secretary or payments suspended 
until he determines that the project will be conducted in accordance 
with the applicable requirements of the committee proposal. The in- 
tent of this section is to provide an effective means of enforcement of 
the NTH safety standards for those research projects supported by 
NIH research grants, now comprising a substantial portion of all 
recombinant DNA activities. The sanction of. withdrawing research 
support is, for the university -based research scientist, very severe and 
should provide a more appropriate deterrent to violations of the law 
for such individuals than the threat of a civil penalty. The Secretary 
must provide a reasonable opportunity for an oral hearing before 
taking action under this subsection. 
This section does not permit the Secretary to take any actibn which 
would affect the payment of . research grants made under any Federal 
program Outside of the Department of Health, Education, and Wel- 
fare, or from any private source. However, it is the desire of the com- 
mittee that other entities providing support for the conduct of re- 
combinant DNA activities cooperate fully with the Secretary, should 
he request that action be taken against those whom he determines are 
in violation of subsection 103(a). If such cooperation were not forth- 
coming, then the Secretary would have no alternative but to assess a 
civil penalty or seek an injunction under subsection 104(a) of this 
Act to restrain such violations. 
The use of penalties and sanctions in practice 
Rather broad powers of enforcement are authorized in the Recom- 
binant DNA Act to insure that appropriate safety standards will 
always be observed in the conduct of recombinant DNA activities. 
These include the authority to revoke or suspend grants awarded 
under DHEW programs, the authority to assess civil penalties, and 
injunction authority. Such powers are necessary for any regulatory 
act to be enforceable. 
_ However, it is the intent Of the committee that penalties and sanc- 
tions be administered carefully and with fairness to all concerned. In 
most instances where minor violations come to the attention of inspec- 
tors, usually members of a biohazards committee, a simple request 
should be made that the deficiencv be corrected before further wort 
may proceed. Further action by the Secretary should generally not 
[Appendix B- — 151] 
