« iepriekšējāTurpināt »
chapter or standards established by regulations thereunder; or
(2) in the administration of the boating safety program, there has been a failure to comply substantially with the standards established by the regulations;
the Secretary shall notify the State authority or agency that no further payments will be made to the State until the program conforms to the established standards or the failure is corrected.
(d) Records, availability for audit.
The Secretary shall, by regulation, provide for such accounting, budgeting, and other fiscal procedures as are necessary and reasonable for the proper and efficient administration of this section. The Secretary and the Comptroller General of the United States shall have access for the purpose of audit and examination, to any books, documents, papers, and records that are pertinent to Federal funds allocated under this chapter. (Pub. L. 92-75, § 31, Aug. 10, 1971, 85 Stat. 224.)
§ 1481. Consultation and cooperation.
(a) In carrying out his responsibilities under this chapter the Secretary may consult with State and local governments, public and private agencies, organizations and committees, private industry, and other 'persons having an interest in boating and boating safety.
(b) The Secretary may advise, assist, and cooperate with the States and other interested public and private agencies, in the planning, development, and execution of boating safety programs. Acting under the authority of section 141 of Title 14, and consonant with the policy defined in section 1451 of this title, the Secretary shall insure the fullest cooperation between the State and Federal authorities in promoting boating safety by entering into agreements and other arrangements with the State whenever possible. Subject to the provisions of chapter 23, Title 14, he may make available, upon request from a State, the services of members of the Coast Guard Auxiliary to assist the State in the promotion of boating safety on State waters. (Pub. L. 92-75, § 32, Aug. 10, 1971, 85 Stat. 225.)
§ 1482. Boating Safety Advisory Council.
(a) Establishment; membership.
The Secretary shall establish a National Boating Safety Advisory Council (hereinafter referred to as "the Council"), which shall not exceed twenty-one members, whom the Secretary considers to have a particular expertise, knowledge, and experience in boating safety. Insofar as practical, to assure balanced representation, members shall be drawn equally from (1) State officials responsible for State boating safety programs, (2) boat and associated equipment manufacturers, and (3) boating organizations and members of the general public. Additional persons from those sources may be appointed to panels to the Council which will assist the Council in the performance of its functions. (b) Consultation with Secretary.
In addition to the consultation required by section 1455 of this title the Secretary shall consult with
the Council on any other major boat safety matters related to this chapter.
Members of the Council or panels may be compensated at a rate not to exceed the rate provided for Federal classified employees of grade GS-18 when engaged in the duties of the Council. Members, while away from their homes or regular places of business, may be allowed travel expenses, including a per diem in lieu of subsistence as authorized by section 5703 of Title 5 for persons in the Government service employed intermittently. Payments under this section shall not render members of the Council employees or officials of the United States for any purposes. (Pub. L. 92-75, § 33, Aug. 10, 1971, 85 Stat. 225.)
REFERENCE IN TEXT
The rate provided for Federal classified employees of grade GS-18, referred to in subsec. (c), is set out under section 5332 of Title 5, Government Organizations and Employees.
SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1455 of this title.
§ 1483. Criminal penalties.
Any person who willfully violates section 1461(c) of this title or the regulations issued thereunder shall be fined not more than $1,000 for each violation or imprisoned not more than one year, or both. (Pub. L. 92-75, § 34, Aug. 10, 1971, 85 Stat. 226.)
Section 41(f) of Pub. L. 92-75 provided that: "Any criminal or civil penalty proceeding under the Motorboat Act of 1940, as amended [which is Act Apr. 25, 1940, c. 155, 54 Stat. 165, and is classified to section 526 et seq. of this title], or the Federal Boating Act of 1958, as amended [which was Pub. L. 85-911, Sept. 2, 1958, 72 Stat. 1754 and was classified to section 527 et seq. of this title], for a violation which occurred before the effective date of this Act (Aug. 10, 1971] may be initiated and continue to conclusion as though the former Acts had not been amended or repealed hereby."
SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1461 of this title. § 1484. Civil penalties.
(a) Violation of provisions dealing with construction standards, labeling, and manufacturer's obligation to give notice and remedy defects.
In addition to any other penalty prescribed by law any person who violates section 1461(a) of this title shall be liable to a civil penalty of not more than $2,000 for each violation, except that the maximum civil penalty shall not exceed $100,000 for any related series of violations. Whenever any corporation violates section 1461 (a) of this title, any director, officer, or executive employee of such corporation who knowingly and willfully ordered or knowingly and willfully authorized such violation shall be individually liable to the civil penalties contained herein, in addition to the corporation: Provided, however, That no such director, officer, or executive employee shall be individually liable under this subsection if he can demonstrate, by a preponderance of the evidence, (1) that said order or authorization was issued on the basis of a determination, in the exercise of reasonable and prudent judgment, that
the nonconformity with standards and regulations constituting such violation would not cause or constitute a substantial risk of personal injury to the public, and (2) that at the time of said order or authorization he advised the Secretary in writing of his action under this proviso.
(b) Violation of any other provision of this chapter or regulations issued thereunder.
In addition to any other penalty prescribed by law any person who violates any other provision of this chapter or the regulations issued thereunder shall be liable to a civil penalty of not more than $500 for each violation. If the violation involves the use of a vessel, the vessel, except as exempted by section 1453 (c) of this title, shall be liable and may be proceeded against in the district court of any district in which the vessel may be found.
(c) Discretionary powers of Secretary.
The Secretary may assess and collect any civil penalty incurred under this chapter and, in his discretion, remit, mitigate, or compromise any penalty prior to referral to the Attorney General. Subject to approval by the Attorney General, the Secretary may engage in any proceeding in court for that purpose, including a proceeding under subsection (d) of this section. In determining the amount of any penalty to be assessed hereunder, or the amount agreed upon in any compromise, consideration shall be given to the appropriateness of such penalty in light of the size of the business of the person charged, the gravity of the violation and the extent to which the person charged has complied with the provisions of section 1464 of this title or has otherwise attempted to remedy the consequences of the said violation.
(d) Collection referral.
When a civil penalty of not more than $200 has been assessed under this chapter, the Secretary may refer the matter for collection of the penalty directly to the Federal magistrate of the jurisdiction wherein the person liable may be found for collection procedures under supervision of the district court and pursuant to order issued by the court delegating such authority under section 636(b) of Title 28. (Pub. L. 92-75, § 35, Aug. 10, 1971, 85 Stat. 226.)
Any criminal or civil penalty proceeding under the Motorboat Act of 1940, as amended, section 526 et seq. of this title, or the Federal Boating Act of 1958, as amended, former section 527 et seq. of this title, for a violation which occurred before Aug. 10, 1971, to be initiated and continue to conclusion as though the former Acts had not been amended or repealed by Pub. L. 92-75, Aug. 10, 1971, 85 Stat. 213, see section 41(f) of Pub. L. 92-75, set out as a note under section 1483 of this title.
§ 1485. Injunctive proceedings.
The United States district courts shall have jurisdiction to restrain violations of this chapter, or to restrain the sale, offer for sale, or the introduction or delivery for introduction, in interstate commerce, or the importation into the United States, of any boat or associated equipment which is determined not to conform to Federal boat safety standards, upon petition by the Attorney General on behalf of the United States. Whenever practicable, the Secretary shall give notice to any person against whom
an action for injunctive relief is contemplated and afford him an opportunity to present his views, and except in the case of knowing and willful violation, shall afford him a reasonable opportunity to achieve compliance. The failure to give notice and afford such opportunity does not preclude the granting of appropriate relief. (Pub. L. 92–75, § 36, Aug. 10, 1971, 85 Stat. 227.)
§ 1486. Casualty reporting systems. (a) Promulgation by Secretary.
The Secretary shall prescribe a uniform vessel casualty reporting system for vessels subject to this chapter, including those otherwise exempted by paragraphs (1), (3), and (4) of section 1453 (c) of this title.
(b) State reports to Secretary.
A State vessel numbering system and boating safety program approved under this chapter shall provide for the reporting of casualties and accidents involving vessels. A State shall compile and transmit to the Secretary reports, information, and statistics on casualties and accidents reported to it. (c) Fatal casualties; casualties in the order of gravity. A vessel casualty reporting system shall provide for the reporting of all marine casualties involving vessels indicated in subsection (a) of this section and resulting in the death of any person. Marine casualties which do not result in loss of life shall be classified according to the gravity thereof, giving consideration to the extent of the injuries to persons, the extent of property damage, the dangers which casualties create, and the size, occupation or use, and the means of propulsion of the boat involved. Regulations shall prescribe the casualties to be reported and the manner of reporting.
(d) Reporting of casualties.
The owner or operator of a boat or vessel indicated in subsection (a) of this section and involved in a casualty or accident shall report the casualty or accident to the Secretary in accordance with regulations prescribed under this section unless he is required to report to a State under a State system approved under this chapter.
(e) Publication of reports and recommendations.
The Secretary shall collect, analyze, and publish reports, information, or statistics together with such findings and recommendations as he considers appropriate. If a State accident reporting system provides that information derived from accident reports, other than statistical, shall be unavailable for public disclosure, or otherwise prohibits use by the State or any person in any action or proceeding against an individual, the Secretary may utilize the information or material furnished by a State only in like manner. (Pub. L. 92-75, § 37, Aug. 10, 1971, 85 Stat. 227.)
SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1472 of this title.
§ 1487. Authorization of appropriations.
There is authorized to be appropriated amounts as may be necessary to administer the provisions of this
chapter. (Pub. L. 92-75, § 38, Aug. 10, 1971, 85 Stat. 227.)
§ 1488. Rules and regulations.
The Secretary may issue regulations necessary or appropriate to carry out the purposes of this chapter. (Pub. L. 92-75, § 39, Aug. 10, 1971, 85 Stat. 228.)
§ 1489. Savings provision. Compliance with this chapter or standards, regulations, or orders promulgated hereunder shall not relieve any person from liability at common law or under State law. (Pub. L. 92-75, § 40, Aug. 10, 1971, 85 Stat. 228.)
TITLE 47.-TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
7. Campaign Communications [New].....
§ 16. Washington-Alaska Military Cable and Telegraph System; money transfers; portion of receipts withheld.
After May 20, 1926, such amount of money as may be authorized by the Secretary of the Army may be withheld temporarily from the receipts of the Washington-Alaska Military Cable and Telegraph System by the auditor of said system as a working balance from which to make payments of money transfers from and to Alaska and between points within Alaska, to be accounted for accordingly. (As amended June 6, 1972, Pub. L. 92-310, title II, § 233, 86 Stat. 214.)
SUBCHAPTER III.-SPECIAL PROVISIONS RELATING TO RADIO
PART I.-GENERAL PROVISIONS
§ 303. Powers and duties of Commission.
Except as otherwise provided in this chapter, the Commission from time to time, as public convenience, interest, or necessity requires, shall—
(3) Notwithstanding paragraph (1) of this subsection, the Commission may issue licenses for the operation of amateur radio stations to aliens admitted to the United States for permanent residence who have filed under section 1445 (f) of Title 8 a declaration of intention to become a citizen of the United States: Provided, That when an application for a license is received by the Commission, it shall notify the appropriate agencies of the Government of such fact, and such agencies shall forthwith furnish to the Commission such information in their possession as bears upon the compatibility of the request with the national security: And provided, further, That the requested license may then be granted unless the Commission shall determine that information received from such agencies necessitates denial of the request. Other provisions of this chapter and of the Administrative Procedure Act shall not be applicable to any request or application for or modification, suspension, or cancellation of any such license.
(As amended Aug. 10, 1971, Pub. L. 92-81, § 1, 85 Stat. 302.)
REFERENCES IN TEXT
The Administrative Procedure Act, referred to in subsec. (1) (3), is classified to sections 551 et seq. and 701 et seq. of Title 5, Government Organization and Employees.
1971-Subsec. (1). Pub. L. 92-81 added par. (3).
§ 305. Government owned stations; regulations; stations on vessels; call letters; stations operated by foreign governments.
OFFICE OF EMERGENCY PREPAREDNESS Functions of the Director of the Office of Emergency Preparedness under Ex. Ord. No. 11556, Sept. 4, 1970, 35 F.R. 14193 [set out as a note under this section], transferred to the Administrator of General Services, see section 3 of Ex. Ord. No. 11725, June 27, 1973, 38 F.R. 17175, set out as a note under section 2271 of Title 50, Appendix, War and National Defense.
The Office of Emergency Preparedness, including the offices of Director, Deputy Director, Assistant Directors, and Regional Directors, was abolished and all functions vested by law in the Office of Emergency Preparedness or
the Director of the Office of Emergency Preparedness were transferred to the President of the United States by sections 1 and 3(a)(1) of 1973 Reorg. Plan No. 1, effective July 1, 1973, set out in the Appendix to Title 5, Government Organization and Employees.
§ 310. Alien ownership as barring station license; assignment and transfer of construction permit or station license; authorizations permitted in cases of bilateral international agreements.
Notwithstanding paragraph (1) of this subsection, a license for an amateur radio station may be granted to and held by an alien admitted to the United States for permanent residence who has filed under section 1445(f) of Title 8 a declaration of intention to become a citizen of the United States: Provided, That when an application for a license is received by the Commission, it shall notify the appropriate agencies of the Government of such fact, and such agencies shall forthwith furnish to the Commission such information in their possession as bears upon the compatibility of the request with the national security: And provided further, That the requested license may then be granted unless the Commission shall determine that information received from such agencies necessitates denial of the request. Other provisions of this chapter and of the Administrative Procedure Act shall not be applicable to any request or application for or modification, suspension, or cancellation of any such license.
AMENDMENTS 1972 Subsec. (a) (7). Pub. L. 92-225 added par. (7).
§ 315. Candidates for public office.
(a) Equal opportunities requirement; censorship prohibition; allowance of station use; news appearances exception; public interest; public issues discussion opportunities.
If any licensee shall permit any person who is a legally qualified candidate for any public office to use a broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use of such broadcasting station: Provided, That such licensee shall have no power of censorship over the material broadcast under the provisions of this section. No obligation is imposed under this subsection upon any licensee to allow the use of its station by any such candidate. Appearance by a legally qualified candidate on any—
(b) Broadcast media rates.
The charges made for the use of any broadcasting station by any person who is a legally qualified candidate for any public office in connection with his campaign for nomination for election, or election to such office shall not exceed―
(1) during the forty-five days preceding the date of a primary or primary runoff election and during the sixty days preceding the date of a general or special election in which such person is a candidate, the lowest unit charge of the station for the same class and amount of time for the same period; and
(2) at any other time, the charges made for comparable use of such station by other users thereof.
(c) Station use charges upon certification of nonviolation of Federal limitations of expenditures for use of communications media.
No station licensee may make any charge for the use of such station by or on behalf of any legally qualified candidate for Federal elective office (or for nomination to such office) unless such candidate (or a person specifically authorized by such candidate in writing to do so) certifies to such licensee in writing that the payment of such charge will not violate any limitation specified in paragraph (1), (2), or (3) of section 803 (a) of this title, whichever paragraph is applicable.
(d) Station use charges upon certification of nonviolation of State limitations of expenditures for use of communications media; conditions for application of State limitations.
If a State by law and expressly
(1) has provided that a primary or other election for any office of such State or of a political subdivision thereof is subject to this subsection,
(2) has specified a limitation upon total expenditures for the use of broadcasting stations on behalf of the candidacy of each legally qualified candidate in such election,
(3) has provided in any such law an unequivocal expression of intent to be bound by the provisions of this subsection, and
(4) has stipulated that the amount of such limitation shall not exceed the amount which