Page:United States Statutes at Large Volume 98 Part 2.djvu/1143

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-498—OCT. 19, 1984

98 STAT. 2303

agencies, and instrumentalities on a reimbursable basis in carrying out the Secretary's responsibilities under this title. "(b) CIVIL PENALTIES.— "(1) CIVIL PENALTY.—Any person subject to the jurisdiction of

the United States who violates any regulation issued under this title shall be liable to the United States for a civil penalty of not more than $50,000 for each such violation, to be assessed by the Secretary. Each day of a continuing violation shall constitute a separate violation. "(2) NOTICE.—No penalty shall be assessed under this subsection until the person charged has been given notice and an opportunity to be heard. Upon failure of the offending party to pay an assessed penalty, the Attorney General, at the request of the Secretary, shall commence action in the appropriate district court of the United States to collect the penalty and to seek such other relief as may be appropriate. "(3) IN REM JURISDICTION.—A vessel used in the violation of a regulation issued under this title shall be liable in rem for any civil penalty assessed for such violation and may be proceeded against in any district court of the United States having jurisdiction thereof. "(c) JURISDICTION.—The district courts of the United States shall Courts, U.S. have jurisdiction to restrain a violation of the regulations issued under this title, and to grant such other relief as may be appropriate. Actions shall be brought by the Attorney General in the name of the United States. The Attorney General may bring suit either on the Attorney General's own initiative or at the request of the Secretary. "SEC. 308. AUTHORIZATION OF APPROPRIATIONS.

16 USC 1438.

"To carry out this title, there are authorized to be appropriated: "(1) $3,000,000 for fiscal year 1985. "(2) $3,300,000 for fiscal year 1986. "(3) $3,600,000 for fiscal year 1987. "(4) $3,900,000 for fiscal year 1988. "SEC. 309. SEVERABILITY.

16 USC 1439.

"If any provision of this Act or the application thereof to any person or circumstances is held invalid, the validity of the remainder of this Act and of the application of such provision to other persons and circumstances shall not be affected thereby.". TITLE II—MARINE SAFETY SUBTITLE A—INSPECTION AND REPORTING REQUIREMENTS

SEC. 210. This subtitle may be cited as the "Maritime Safety Act of 1984". SEC. 211. (a) Section 3309 of title 46,. United States Code, is amended by adding at the end: "(c) At least 30 days (but not more than 60 days) before the current certificate of inspection issued to a vessel under subsection (a) of this section expires, the owner, charterer, managing operator, agent, master, or individual in charge of the vessel shall submit to the Secretary in writing a notice that the vessel— "(1) will be required to be inspected; or "(2) will not be operated so as to require an inspection.".

Maritime Safety Act of 1984. Vessels.

46 USC 3301 note.