Title 47 — Telecommunications
Part II · Chapter 5 — Wire or Radio Communication
§ 362. Forfeitures; recovery
Statutory text
The following forfeitures shall apply to this part, in addition to the penalties and forfeitures provided by subchapter V of this chapter:
Any ship that leaves or attempts to leave any harbor or port of the United States in violation of the provisions of this part, or the rules and regulations of the Commission made in pursuance thereof, or any ship of the United States that is navigated outside of any harbor or port in violation of any of the provisions of this part, or the rules and regulations of the Commission made in pursuance thereof, shall forfeit to the United States the sum of $5,000, recoverable by way of suit or libel. Each such departure or attempted departure, and in the case of a ship of the United States each day during which such navigation occurs shall constitute a separate offense.
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 chapter 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 $1,000.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 75–652 · 50 Stat. 650
Enacted · 47 U.S.C. § 362
June 19, 1934, ch. 652, title III, § 364, formerly § 362, as added May 20, 1937, ch. 229, § 10(b), 50 Stat. 196
Source evidence
Code source credit
June 19, 1934, ch. 652, title III, § 364, formerly § 362, as added May 20, 1937, ch. 229, § 10(b), 50 Stat. 196Omnibus Budget Reconciliation Act of 1989
Pub. L. 101–239 § 3002(g)(1) · 103 Stat. 2106
Substituted · 47 U.S.C. § 362(a)
Pub. L. 101–239, § 3002(g)(1), substituted “$5,000” for “$500”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 101–239, § 3002(g)(1), substituted “$5,000” for “$500”.Enacted provision · exact public law section
(1) by striking “$500” in subsection (a) and inserting “$5,000”; andOmnibus Budget Reconciliation Act of 1989
Pub. L. 101–239 § 3002(g)(2) · 103 Stat. 2106
Substituted · 47 U.S.C. § 362(b)
Pub. L. 101–239, § 3002(g)(2), substituted “$1,000” for “$100”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 101–239, § 3002(g)(2), substituted “$1,000” for “$100”.Enacted provision · exact public law section
(2) by striking “$100” in subsection (b) and inserting “$1,000”.
2 of 3 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
This part, referred to in text, commences with section 351 of this title.
This chapter, referred to in subsec. (b), was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.
Amendments
1989—Subsec. (a). Pub. L. 101–239, § 3002(g)(1), substituted “$5,000” for “$500”.
Subsec. (b). Pub. L. 101–239, § 3002(g)(2), substituted “$1,000” for “$100”.
Effective Date
Section effective , see section 16 of act , set out as a note under section 351 of this title.
Credits
1934–1989 · 3 acts
- 1934June 19, 1934, ch. 652, title III, § 364, formerly § 362, as added May 20, 1937, ch. 229, § 10(b), 50 Stat. 196
- 1954renumbered § 364, Aug. 13, 1954, ch. 729, § 2(a)(1), 68 Stat. 706
- 1989amended Pub. L. 101–239, title III, § 3002(g), , 103 Stat. 2131.
Show as published
(June 19, 1934, ch. 652, title III, § 364, formerly § 362, as added May 20, 1937, ch. 229, § 10(b), 50 Stat. 196; renumbered § 364, Aug. 13, 1954, ch. 729, § 2(a)(1), 68 Stat. 706; amended Pub. L. 101–239, title III, § 3002(g), , 103 Stat. 2131.)