Page:United States Statutes at Large Volume 98 Part 2.djvu/1144

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 2304

PUBLIC LAW 98-498—OCT. 19, 1984

(b) Section 3311 of title 46, United Stated! Code, is amended by— (1) striking "A vessel" and substituting "(a) Except as provided in subsection (b), a vessel"; (2) striking the word "valid"; and (3) inserting at the end the following: "(b) The Secretary may direct the owner, charterer, managing operator, agent, master, or individual in charge of a vessel subject to inspection under this chapter and not having on board a certificate of inspection— "(1) to have the vessel proceed to mooring and remain there until a certificate of inspection is issued; "(2) to take immediate steps necessary for the safety of the vessel, individuals on board the vessel, or the environment; or "(3) to have the vessel proceed to a place to make repairs necessary to obtain a certificate of inspection.". (c) Section 3318 of title 46, United States Code, is amended as follows: (1) Subsection (a) is amended by— (A) striking "The" the first time it appears and substituting "Except as otherwise provided in this part, the"; and (B) striking "$1,000, except that when the violation involves operation of a barge, the penalty is $500.", and substituting "not more than $5,000.". (2) Subsection (c) is amended by striking "$2,000," and substituting "$5,000,". (3) Subsection (d) is amended by striking "$2,000," and substituting "$5,000,". (4) Subsection (e) is amended by striking "$2,000," and substituting "$10,000,". (5) Subsection (f) is amended by striking "$5,000," and substituting "$10,000,". (6) Subsection (g) is amended by striking "shall be fined not more than $10,000, imprisoned for not more than one year, or both," and substituting "is liable to the Government for a civil penalty of not more than $5,000,". (7) Subsection (h) is amended by striking "United States Government for a civil penalty of not more than $500." and substituting "Government for a civil penalty of not more than $1,000.". (8) At the end add the following: "(i) A person violating section 3309(c) of this title is liable to the Government for a civil penalty of not more than $1,000. "(j)(l) An owner, charterer, managing operator, agent, master, or individual in charge of a vessel required to be inspected under this chapter operating the vessel without the certificate of inspection is liable to the Government for a civil penalty of not more than $10,000 for each day during which the violation occurs, except when the violation involves operation of a vessel of less than 1,600 gross tons, the penalty is not more than $2,000 for each day during which the violation occurs. The vessel also is liable in rem for the penalty. "(2) A person is not liable for a penalty under this subsection if— "(A) the owner, charterer, managing operator, agent, master, or individual in charge of the vessel has notified the Secretary under section 3309(c) of this title; "(B) the owner, charterer, managing operator, agent, master, or individual in charge of the vessel has complied with all other