7 5TH CO NGRE SS, 1sT SE SSI ON- CH . 229 -AIAY 20, 1937 "(b) Every willful failure on the part of the master of a ship of the United States to enforce or to comply with the provisions of this Act or the rules and regulations of the Commission as to equipment, operators, watches, or radio service shall cause him to forfeit to the United States the sum of $100 ." SEC. 11. Paragraph (a) of section 402 of the Communications Act of 1934 is hereby amended by inserting after the words "or for modi- fications of an existing radio station license" a comma and the words "or suspen ding a rad io ope rator 's lic ense" . SEC. 12 . Subsection (b) of section 402 of the Communications Act of 1934 is hereby amended by adding at the end thereof a new para- graph to read as follows "(3) By any radio operator who se license has been suspended by the Com mission ." SEC. 13 . Paragraph (c) of section 402 of the Communications Act of 1934 is hereby amended by inserting after the words in the last sentence "upon the application" the words "or order" . SEC . 14 . Section 504 of the Communications Act of 1934 is hereby amended to read as follows "PROVISIONS RELATING TO FORFEITURES e "SEC . 504 . (a) The forfeitures provided for in this Act shall be payable into the Treasury of the United States, and shall be recov- erable in a civil suit in the name of the United States brought in the district where the person or carrier has its principal operating office or in any district through which the line or system of the carrier runs : Provided, That in the case of forfeiture by a ship, said for- feiture may also be recoverable by way of libel in any district in which such ship shall arrive or depart. Such forfeitures shall be in addi tion t o any othe r gene ral o r spec ific penal ties h erein prov ided . It shall be the dut y of the var ious distri ct attorney s, under th e direc- tion of the Attorney General of the United States, to prosecute for the recove ry of forf eiture s und er thi s Act . The costs and expenses of such prosecutions shall be paid from the appropriation for the x p enses of the courts of the United States . " (b) The forfeitures imposed by title III, part II of this Act shall be subject to remission or mitigation by the Commission, upon appli- cation therefor, under such regulations and methods of ascertaining the fact s as may se em to it adv isable, and , if suit h as been ins tituted, the Attorney General, upon request of the Commission, shall direct the discontinuance of any prosecution to recover such forfeitures
Provided, however, That no forfeiture shall be remitted or mitigated after determination by a court of competent jurisdiction ." SEC . 15 . Section 602 of the Communications Act of 1934 is hereby amended by adding at the end thereof a new subsection to read as fo llo ws "(e) Such part or parts of the Act entitled "An Act to require apparatus and operators for radio communication on certain ocean steamers", approved June 24, 1910, as amended, as relate to the ocean and to steamers navigating thereon, are hereby repealed . In all other respects said Act shall continue in full force and effect . The Commission is requested and directed to make a special study of the radio requirements necessary or desirable for safety purposes for ships navigating the Great Lakes and the inland waters of the United States, and to report its recommendations, and the reasons therefor, to the Congress not later than December 31, 1939 ." SEC . 16 . This Act shall take effect upon approval, provided that the Commission may defer the application of all or any part of sec- tions 351 to 355, inclusive, for a . period not to exceed six months after Comm ission's or- d ers ; en forcement . 47U .S.C.°402. Suspending radio oper ator's li cense ex- cep ted. Appeals . By suspended op . erator . Filing of evidence . 4s Stat. 1101. 47U.S.C.°504. Provisions relating to forfeitures . Pr ovi so . Recovery . Costs and expe nses . Rem iss ion, mi tig a- tion, etc . Proviso. Restriction . 18 Stat. 1102 . 47 U.S. C.°692. 197 Repeals and amend . ments . 30 Stat . 629. 40U.S.C.°°484- 487 . Special study of radio requirements, Great Lakes, e tc . Post, p. 755. Report to Congr ess . Effective date of Act ; exceptions .
