§ 1477. Allocation of funds

(a) Unobligated funds

(b) Unallocated funds

AMENDMENTS

1980-Subsec. (a). Pub. L. 96-451 redesignated former subsec. (b) as (a). Former subsec. (a), which limited the amount of Federal funds allocated to State in any fiscal year to fifty per centum of the total cost of the State's boating safety program in such year and prohibited any State from receiving more than 5 per centum of Federal funds appropriated or available for allocation in any fiscal year, was struck out. See section 1476(c) of this title.

Subsec. (b). Pub. L. 96-451 redesignated former subsec. (c) as (b). Former subsec. (b) was redesignated (a).

Subsec. (c). Pub. L. 96-451 redesignated former subsec. (c) as (b).

Subsec. (d). Pub. L. 96-451 struck out subsec. (d), which provided that for the purposes of this section, the period between July 1, 1976 and Sept. 30, 1976 be treated as a fiscal year.

1976-Subsec. (a). Pub. L. 94-531, § 1(11), substituted provision limiting amount of Federal funds allocated to State in any fiscal year to fifty per centum of the total cost of the State's boating safety program in

such year for percentage limitation of 75, 66%, 50, 40, and 33% for fiscal years 1972, 1973, 1974, 1975, and 1976, respectively.

Pub. L. 94-340 added provision which limited the amount of the Federal share of the total annual cost of a State's boating safety program to 33% per centum for the fiscal transition period of July 1, 1976 to Sept. 30, 1976, and for each of the two succeeding fiscal years.

Subsec. (d). Pub. L. 94-531, § 1(12), added subsec. (d). § 1478. Determination of State funds expended for State recreational boating safety and facilities improvement programs

In accordance with regulations prescribed by the Secretary computation by a State of funds expended or obligated for the State recreational boating safety and facilities improvement program shall include the acquisition, maintenance, and operating costs of land, facilities, equipment, and supplies; personnel salaries and reimbursable expenses; the costs of training personnel; public boat safety education; the costs of administering the program; and other expenses which the Secretary considers appropriate. The Secretary shall determine any issues which arise in connection with such computation.

(Pub. L. 92-75, § 29, Aug. 10, 1971, 85 Stat. 224; Pub. L. 96-451, title I, § 102(7), Oct. 14, 1980, 94 Stat. 1987.)

AMENDMENTS

1980-Pub. L. 96-451 substituted "State recreational boating safety and facilities improvement program" for "boating safety program" and "costs of land, facilities" for "costs of facilities".

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1480 of this title.

§ 1479. Authorization of contract spending authority for State recreational boating safety and facilities improvement programs

For the purposes of providing financial assistance for State recreational boating safety and facilities improvement programs, the Secretary is authorized to expend, subject to such amounts as are provided in appropriations Acts for liquidation of contract authority, an amount equal to the revenues accruing each fiscal year from the taxes under section 4041(b) of title 26 with respect to special motor fuels used as fuel in motor boats and under section 4081 of title 26 with respect to gasoline used as fuel in motor boats. Of the funds available for allocations and distribution for recreational boating safety and facilities improvement programs, one-third shall be allocated for recreational boating safety programs and two-thirds shall be allocated for recreational and boating facilities improvement programs beginning with fiscal year 1983. Any funds authorized to be expended for State recreational and boating safety improvement programs shall remain available until expended and shall be deemed to have been expended only if a sum equal to the total amounts authorized to be expended under this section for the fiscal year in question and all previous fiscal years have been obligated.

Any funds that were previously obligated but are released by payment of a final voucher or modification of a program acceptance shall be credited to the balance of unobligated funds and shall be immediately available for expenditure.

(Pub. L. 92-75, § 30, Aug. 10, 1971, 85 Stat. 224; Pub. L. 94-340, § 1(3), July 6, 1976, 90 Stat. 802; Pub. L. 95-308, § 4, June 30, 1978, 92 Stat. 358; Pub. L. 96-451, title I, § 102(8), Oct. 14, 1980, 94 Stat. 1987; Pub. L. 97-424, title IV, § 421(a)(4), Jan. 6, 1983, 96 Stat. 2163.)

AMENDMENTS

1983-Pub. L. 97-424 amended section generally. Section formerly read as follows:

"(a) For the purpose of providing financial assistance for State recreational boating safety programs, there is authorized to be appropriated from the National Recreational Boating Safety and Facilities Improvement Fund $10,000,000 for each of the fiscal years 1981, 1982, and 1983, such appropriations to remain available until expended.

"(b) For the purpose of providing financial assistance for State recreational boating facilities improvement programs, there is authorized to be appropriated from the National Recreational Boating Safety and Facilities Improvement Fund $10,000,000 for each of the fiscal years 1981, 1982, and 1983, such appropriations to remain available until expended."

1980-Pub. L. 96-451 substituted subsecs. (a) and (b) annual appropriation authorizations for fiscal years 1981 through 1983, for prior annual authorizations for State boating safety programs in amounts of $7,500,000 for fiscal years 1972 through 1976, $2,500,000 for fiscal transition period of July 1, 1976 through Sept. 30, 1976, and $10,000,000 for fiscal years 1977 through 1980.

1978-Pub. L. 95-308 added provisions authorizing appropriations for the fiscal years 1979 and 1980.

1976-Pub. L. 94-340 substituted "for each of the fiscal years beginning with the fiscal year 1972 through fiscal year 1976; $2,500,000 for the fiscal transition period of July 1, 1976, through September 30, 1976; and $10,000,000 for each of the fiscal years 1977 and 1978," for "for the fiscal year ending June 30, 1972, and $7,500,000 for each of the four succeeding fiscal years.".

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1475 of this title.

§ 1479a. National Recreational Boating Safety and Facilities Improvement Fund

There is established in the Treasury of the United States a separate fund to be known as the "National Recreational Boating Safety and Facilities Improvement Fund", consisting of such amounts as may be paid into it as provided in section 209(f)(5) of the Highway Revenue Act of 1956. Amounts in the Fund shall be available, as provided in appropriation Acts, for making expenditures after September 30, 1980, and before April 1, 1984, as provided in section 26 of the Federal Boat Safety Act of 1971 (46 U.S.C. 1476).

So in original. Probably should be "27".

(Pub. L. 96-451, title II, § 202, Oct. 14, 1980, 94 Stat. 1987.)

REFERENCES IN TEXT

Section 209(f)(5) of the Highway Revenue Act of 1956, referred to in text, is section 209(f)(5) of act June 29, 1956, ch. 462, title II, 70 Stat. 397, which was set out as a note under section 120 of Title 23, Highways, and was repealed by Pub. L. 97-424, title V, § 531(b), Jan. 6, 1983, 96 Stat. 2191.

CODIFICATION

Section was enacted as part of the Recreational Boating Fund Act of 1980, and not as part of the Federal Boat Safety Act of 1971 which comprises this chapter.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1452 of this title; title 26 section 9503.

§ 1480. Payments of amounts allocated to the States

(a) Method

Amounts allocated and distributed under section 1476 of this title shall be computed and paid to the States as follows: The Secretary shall determine, during the last quarter of a fiscal year, on the basis of computations made pursuant to section 1478 of this title and submitted by the States, the percentage of the funds available for the next fiscal year to which each eligible State shall be entitled. Notice of the percentage and of the dollar amount, if it can be determined, for each State shall be furnished to the States at the earliest practicable time. If the Secretary finds that an amount made available to a State for a prior year is greater or less than the amount which should have been made available to that State for the prior year, because of later or more accurate State expenditure information, the amount for the current fiscal year may be increased or decreased by the appropriate amount.

(b) Scheduling of payments

Notwithstanding any other provision of law, the Secretary shall schedule the payment of funds consistent with the program purposes and applicable Treasury regulations, so as to minimize the time elapsing between the transfer of funds from the United States Treasury and the subsequent disbursement thereof by a State.

(c) Termination upon failure to comply

Whenever the Secretary, after reasonable notice to the designated State authority or agency, finds that

(1) the State recreational boating safety and facilities improvement program submitted by the State and accepted by the Secretary has been so changed that it no longer complies with this chapter or standards established by regulations thereunder; or

(2) in the administration of the State recreational boating safety and facilities improvement program, there has been a failure to comply substantially with the standards established by the regulations;

AMENDMENTS

§ 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 safety and facilities improvement.

(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 and facilities improvement 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; Pub. L. 96-451, title I, § 102(10), Oct. 14, 1980, 94 Stat. 1987.)

AMENDMENTS

1980-Subsec. (a). Pub. L. 96-451, § 102(10)(a), substituted "boating safety and facilities improvement" for "boating and boating safety".

Subsec. (b). Pub. L. 96-451, § 102(10)(b), substituted "safety and facilities improvement programs" for "safety programs".

§ 1482. Boating Safety Advisory Council

(a) Establishment; membership; publication in Federal Register

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. The Secretary shall, not less often than once a year, publish notice in the Federal Register for solicitation of nominations for membership on the Council.

(b) Consultation with Secretary; disclosures to Congress

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. The Council is authorized to make available to Congress any information, advice, and recommendations which the Council is authorized to give to the Secretary.

(c) Compensation

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 while attending meetings 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; Pub. L. 97-322, title I, § 118(a), Oct. 15, 1982, 96 Stat. 1586.)

REFERENCES IN TEXT

Grade GS-18, referred to in subsec. (c), is contained in the General Schedule set out under section 5332 of Title 5, Government Organization and Employees.

AMENDMENTS

TERMINATION OF ADVISORY COUNCILS

Advisory councils in existence on Jan. 5, 1973, to terminate not later than the expiration of the two-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such two-year period, or in the case of a council established by the Congress, its duration is otherwise provided by law. Advisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the twoyear period beginning on the date of their establishment, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such two-year period, or in the case of a council established by the Congress, its duration is otherwise provided for by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization 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 $5,000 for each violation or imprisoned not more than one year, or both.

(Pub. L. 92-75, § 34, Aug. 10, 1971, 85 Stat. 226; Pub. L. 97-322, title I, § 112(a), Oct. 15, 1982, 96 Stat. 1585.)

AMENDMENTS

1982-Pub. L. 97-322 increased the limitation on fines to $5,000 from $1,000.

SAVINGS PROVISIONS

Section 41(f) of Pub. L. 92-75 provided that: "Any criminal or civil penalty proceeding under the Motorboat Act of 1940, as amended [act Apr. 25, 1940, ch. 155, 54 Stat. 163, which is classified generally to section 526 et seq. of this title], or the Federal Boating Act of 1958, as amended (Pub. L. 85-911, Sept. 2, 1958, 72 Stat. 1754, which enacted sections 526u and 527 to 527h of this title, amended sections 5261 and 5260 of this title, repealed sections 288 and 526t of this title, and enacted provisions set out as notes under section 527 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 $1,000 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

AMENDMENTS

SAVINGS PROVISIONS

Any criminal or civil penalty proceeding under the Motorboat Act of 1940, as amended, or the Federal Boating Act of 1958, as amended, 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 chap-
ter, or to restrain the sale, offer for sale, or the
introduction or delivery for introduction, in in-
terstate commerce, or the importation into the
United States, of any boat or associated equip-
ment 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 oppor-
tunity 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.)