purchases, and sales by the Secretary of the Treasury of such notes or other obligations shall be treated as public debt transactions of the United States. There are authorized to be appropriated to the Secretary such sums as may be necessary to pay the principal and interest on the notes or obligations issued by him to the Secretary of the Treasury.

(b) Revocation of guarantee; legal effect of guarantee; validity and incontestability of guaranteed certificate.

Any guarantee made by the Secretary under this chapter shall not be terminated, canceled, or otherwise revoked, except as provided by the terms and conditions prescribed by the Secretary under section 662(d) of this title; shall be conclusive evidence that such guarantee complies fully with the provisions of this chapter, and of the approval and legality of the principal amount, interest rate, and all other terms of the certificates and the guarantee; and shall be valid and incontestable in the hands of a holder of a guaranteed certificate except for fraud or material misrepresentation on the part of such holder. (c) Enforcement by Attorney General of rights accruing to United States because of guarantee. The Attorney General shall take such action as may be appropriate to enforce any right accruing to the United States by reason of its having paid money or incurred expenses as a result of making such guarantees. (Pub. L. 91-663, § 5, Jan. 8, 1971, 84 Stat. 1976.)

REFERENCES IN TEXT

The Second Liberty Bond Act, referred to in subsec. (a), in Act Sept. 24, 1917, c. 56, 40 Stat. 288, as amended, which was classified to section 745, former section 747, sections 752, 752a, 753, 754, 754a, 754b, 757, 757b, and 757c, former section 757c-1, and sections 757c-2, 757c-3, 757d, 757e, 758, 760, 764, 765, 766, 769, 771, 773, 774, and 801 of Title 31, Money and Finance.

§ 665. Utilization of services and facilities of Federal departments and agencies; reimbursement; consultation with Interstate Commerce Commission; coordination of activities with Federal departments and agencies.

(a) In carrying out the provisions of this chapter the Secretary may use available services and facilities of other departments, agencies, and instrumentalities of the Federal Government with their consent and on a reimbursable basis, and shall consult with the Interstate Commerce Commission in carrying out the provisions of this chapter.

(b) Departments, agencies, and instrumentalities of the Federal Government shall exercise their powers, duties, and functions in such manner as will as

sist in carrying out the provisions of this chapter. (Pub. L. 91-663, § 6, Jan. 8, 1971, 84 Stat. 1977.)

§ 666. Court supervision of expenditures; findings; report to Secretary.

In addition to other duties prescribed by section 205 of Title 11, the court shall maintain supervision of the expenditure of funds obtained pursuant to section 662 of this title for the purpose of assuring that such funds are used solely for purposes set forth in subsection (b) of such section, shall make periodic findings regarding such expenditures, and shall report those findings to the Secretary. (Pub. L. 91663, § 7, Jan. 8, 1971, 84 Stat. 1977.)

§ 667. Audit by Comptroller General; report Congress.

to

The Comptroller General of the United States, or any of his duly authorized representatives, shall have access to such information, books, records, and documents as he determines necessary effectively to audit financial transactions and operations carried out by the Secretary in the administration of this chapter. The Comptroller General shall make such reports to the Congress on the results of any such audits as are appropriate. (Pub. L. 91-663, § 8, Jan. 8, 1971, 84 Stat. 1977.)

§ 668. Guarantee fees; amount; deposit.

The Secretary shall prescribe a guarantee fee in connection with each loan guaranteed under this chapter which shall be collected from the railroad upon repayment of the loan guaranteed. Such fee shall be in an amount that the Secretary estimates to be necessary to cover the administrative costs of carrying out the provisions of this chapter with respect to such loan. Sums realized from such fees shall be deposited in the Treasury as miscellaneous receipts. (Pub. L. 91-663, § 9, Jan. 8, 1971, 84 Stat. 1978.)

§ 669. Annual report.

The Secretary shall make an annual report to the President and the Congress with respect to his activities pursuant to this chapter, including an evaluation of the financial conditions of railroads which have outstanding certificates guaranteed under this chapter. The Secretary shall also make a report to the President and the Congress on the financial condition of each railroad having a loan guaranteed under this chapter ninety days after the making of such guarantee and annually thereafter throughout the existence of such loan. (Pub. L. 91-663, § 10, Jan. 8, 1971, 84 Stat. 1978.)

Annual list of vessels; report of increase; report on navigation laws.

Repealed.

Penalties under laws relating to vessels; informers' rights; manner of ascertaining facts.

8. Refunding of penalties under laws relating to vessels

or seamen.

WAIVER OF COMPLIANCE WITH NAVIGATION AND INSPECTION LAWS; TERMINATION DATE

Act Dec. 27, 1950, ch. 1155, §§ 1, 2, 64 Stat. 1120, provided that:

"The head of each department or agency responsible for the administration of the navigation and vessel-inspection laws is directed to waive compliance with such laws upon the request of the Secretary of Defense to the extent deemed necessary in the interest of national defense by the Secretary of Defense. The head of such department or agency is authorized to waive compliance with such laws to such extent and in such manner and upon such terms as he may prescribe, either upon his own initiative or upon the written recommendation of the head of any other Government agency, whenever he deems that such action is necessary in the interest of national defense.

Chap.

1.

2.

Administration of Shipping Laws....
Registry and Recording....

2A. Load Lines for American Vessels..

85

7.

"SEC. 2. The authority granted by this Act shall terminate at such time as the Congress by concurrent resolution or the President may designate."

Similar provisions were contained in Joint Res. Mar. 31, 1947, ch. 27, 61 Stat. 33; July 31, 1947, ch. 408, 61 Stat. 685; Feb. 27, 1948, ch. 78, § 2, 62 Stat. 38; Feb. 28, 1949, ch. 12, 63 Stat. 9; Joint Res. June 29, 1949, ch. 281, § 1, 63 Stat. 349; June 30, 1950, ch. 427, § 4, 64 Stat. 309. TEMPORARY SUSPENSION OF NAVIGATION AND INSPECTION LAWS

Act Mar. 31, 1947, ch. 28, 61 Stat. 33, providing for the suspension of navigation and inspection laws as applied to the Department of the Army upon the termination of section 635 of Title 50, Appendix, War and National Defense, was repealed by act Dec. 27, 1950, ch. 1155, § 3, 64 Stat. 1120.

§ 1. Repealed. Pub. L. 90-83, § 10(b), Sept. 11, 1967, 81 Stat. 223.

Section, acts July 5, 1884, ch. 221, § 1, 23 Stat. 118, June 30, 1932, ch. 314, §§ 501, 502(b), 47 Stat. 415; May 27, 1936, ch. 463, § 1, 49 Stat. 1380, provided for a Bureau of Marine Inspection and Navigation in the Department of Commerce.

This Bureau was created by act July 5, 1884, as the Bureau of Navigation. By act June 30, 1932, above, it was consolidated with the Steamboat Inspection Service to form a new bureau to be known as the Bureau of Navigation and Steamboat Inspection, which name was changed to Bureau of Marine Inspection and Navigation by act May 27, 1936. The "Director" of the Bureau of Marine Inspection and Navigation was the designation given to the chief of the bureau by the Secretary of Commerce under act June 30, 1932, § 502(b). The Bureau and the office of its Director were abolished by 1946 Reorg. Plan No. 3, § 104, set out under this section.

TRANSFER OF FUNCTIONS RELATING TO SHIPPING AND

NAVIGATION

Sections 101-104 of 1946 Reorg. Plan No. 3, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, provided: "SECTION 101. Functions transferred to the United States Coast Guard.-(a) There are hereby transferred to the Commandant of the Coast Guard those functions of the bureau, offices, and boards specified in the first sentence of section 104 of this plan, and of the Secretary of Com

merce, which pertain to approval of plans for the construction, repair, and alteration of vessels; approval of materials, equipment, and appliances; classification of vessels; inspection of vessels and their equipment and appliances; issuance of certificates of inspection, and of permits indicating the approval of vessels for operations which may be hazardous to life or property; administration of load line requirements; enforcement of other provisions for the safety of life and property on vessels; licensing and certificating of officers, pilots, and seamen; suspension and revocation of licenses and certificates; investigation of marine casualties; enforcement of manning requirements, citizenship requirements, and requirements for the mustering and drilling of crews, control of logbooks; shipment, discharge, protection, and welfare of merchant seamen; enforcement of duties of shipowners and officers after accidents; promulgation and enforcement of rules for lights, signals, speed, steering, sailing, passing, anchorage, movement, and towlines of vessels and lights and signals on bridges; numbering of undocumented vessels; prescription and enforcement of regulations for outfitting and operation of motorboats; licensing of motorboat operators; regulation of regattas and marine parades; all other functions of such bureau, offices, and boards which are not specified in section 102 of this plan; and all other functions of the Secretary of Commerce pertaining to those functions of the agencies abolished under section 104 of this plan which are not specified in section 102 of this plan, including the remission and mitigation of fines, penalties, and forfeitures incurred under the laws governing these functions and those incurred under the act of December 17, 1941 (55 Stat. 808), as amended [see note under section 353 of Title 47].

"(b) The functions relating to the award of numbers to undocumented vessels vested by law in the collectors of customs are hereby transferred to the Commandant of the Coast Guard.

"SEC. 102. Functions transferred to Bureau of Customs.— There are hereby transferred to the Commissioner of Customs those functions of the bureau, offices, and boards specified in the first sentence of section 104 of this plan, and of the Secretary of Commerce, which pertain to registry, enrollment, and licensing of vessels, including the issuance of commissions to yachts, the assignment of signal letters, and the preparation of all reports and publications in connection therewith; measurement of vessels, administration of tonnage duties, and collection of tolls; entry and clearance of vessels and aircraft, regulation of vessels in the coasting and fishing trades, and limitation of the use of foreign vessels in waters under the jurisdiction of the United States; recording of sales, conveyances, and mortgages of vessels; protection of steerage passengers; all other functions of such bureau, offices, and boards which were performed by the Bureau of Customs on behalf thereof immediately prior to the effective date of Executive Order No. 9083 of February 28, 1942 (7 F. R. 1609) [formerly set out in note under section 601 of Appendix to Title 50]; and the power to remit and mitigate fines, penalties, and forfeitures incurred under the laws governing these functions.

"SEC. 103. Powers of the Secretary of the Treasury.-The functions transferred by sections 101 and 102 of this plan may be performed through such officers and employees of the United States Coast Guard and the Bureau of Customs, respectively, as may be designated by the Commandant of the Coast Guard and the Commissioner of Customs, respectively, and shall be performed subject to the direction and control of the Secretary of the Treasury except as otherwise required by law with respect to the United States Coast Guard whenever it operates as a part of the Navy.

"SEC. 104. Abolition of agencies.-The Bureau of Marine Inspection and Navigation, the office of the director thereof, the offices of supervising inspectors, principal traveling inspectors, local inspectors, assistant inspectors, shipping commissioners, deputy shipping commissioners, and the board of supervising inspectors, the boards of local inspectors, the marine casualty investigation board, and the marine boards are hereby abolished. The Secretary of the Treasury shall provide for winding up those affairs of the said abolished agencies which are not otherwise disposed of herein."

This Reorganization Plan continued on a permanent basis the temporary transfer of functions made during World War II by Ex. Ord. No. 9083, §§ 1-4, Feb. 28, 1942, 7 F. R. 1609, formerly set out in note under section 601 of Title 50, Appendix, War and National Defense.

By Coast Guard General Order 2-46, July 16, 1946, 11 F. R. 7775, and Treas. Dept. Reg. 51491, July 16, 1946, 11 F. R. 7766, the Commandant of the Coast Guard and The Commissioner of Customs each provided that all orders, rules, regulations, permits or other privileges made, issued or granted in respect of all functions transferred to him by 1946 Reorg. Plan No. 3, §§ 101-104 and in effect at the time of such transfer should continue in effect to the same extent as if such transfer had not occurred.

On the basis of 33 C. F. R. ch. I, and 46 C. F. R. ch. I, the Commandant of the Coast Guard appears to have assigned the functions transferred to him as follows: Functions formerly per- Now assigned to: formed by:

Under Coast Guard regulations in 46 C. F. R. § 3.13-1 et seq., it appears that the Coast Guard personnel now performing the duties of the former shipping commissioners are also designated shipping commissioners.

For investigation of Marine casualties and suspension and revocation of licenses and certificates, formerly performed by the Marine Casualty Investigation Board and Marine Boards, see note under section 239 of this title.

Memoranda of the Chief Counsel of the Coast Guard, July 7, 1947, Chief Counsel of the Bureau of Customs, July 14, 1947, and Chief Counsel of the Treasury, July 21, 1947, concurred in the view that the duties of collectors of customs were not affected by 1946 Reorg. Plan No. 3, with the exception of those duties specified in section 101 (b) of the Plan.

TRANSFER OF FUNCTIONS TO SECRETARY OF THE TREASURY All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of the Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. The plan excepted from the transfer to the Secretary functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard.

ADMINISTRATIVE DELEGATION OF FUNCTIONS BY SECRETARY OF THE TREASURY

On July 31, 1950, the Secretary of the Treasury issued Treasury Department Order No. 120 directing that officers, employees, and agencies of the Treasury Department shall continue to perform the functions they were authorized to perform prior to the effective date of Reorganization Plan No. 26, 1950, referred to above, and stipulating that authorized regulations and procedures in effect immediately prior to the effective date of the Plan should continue in effect until changed by appropriate authority.

§ 2. Superintendence of commercial marine and seamen; documentation.

The Commandant of the Coast Guard and the Commissioner of Customs shall have general superintendence of the commercial marine and merchant seamen of the United States, so far as vessels and

seamen are not, under existing laws, subject to the supervision of any other officer of the Government. The Commissioner of Customs shall be specially charged with the decision of all questions relating to the issue of registers, enrollments, and licenses of vessels, and to the filing and preserving of those documents; and wherever in this title any of the above-named documents are required to be surrendered they shall be surrendered and returned to the Commissioner of Customs. (July 5, 1884, ch. 221, § 2, 23 Stat. 118; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; June 30, 1932, ch. 314, §§ 501, 502 (b), 47 Stat. 415; May 27, 1936, ch. 463, § 1, 49 Stat. 1380; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F. R. 7875, 60 Stat. 1097.)

REFERENCES IN TEXT

In the original "in this title" read "in title forty-eight or fifty of the Revised Statutes." For distribution of the titles (R.S. §§ 4131-4305, 4311-4390) in this Code, see Tables.

CODIFICATION

Section 2 of act July 5, 1884, referred to the Secretary of the Treasury instead of the Secretary of Commerce. By section 10 of act Feb. 14, 1903, all duties, powers, etc., of the head of any department over any bureau transferred to the Department of Commerce and Labor by that act were vested in the head of that department. By section 1 of act Mar. 4, 1913, the Secretary of Commerce and Labor was designated the Secretary of Commerce.

TRANSFER OF FUNCTIONS

The Coast Guard was transferred to the Department of Transportation and all functions, powers, and duties, relating to the Coast Guard, of the Secretary of the Treasury and of other offices and officers of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655(b) of Title 49, Transportation.

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of the Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. The Commissioner of Customs, referred to in this section, is an officer in the Treasury Department. The Plan excepted, from the transfer, functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard.

"Commissioner of Navigation" was changed to "Director, Bureau of Navigation and Steamboat Inspection", and then to "Director of the Bureau of Marine Inspection and Navigation" by acts June 30, 1932 and May 27, 1936. See note under former section 1 of this title.

"The Commandant of the Coast Guard and the Commissioner of Customs" was substituted for "Director of the Bureau of Marine Inspection and Navigation"; and "under the direction of the Secretary of Commerce" was omitted in first sentence and references to the Director in the second sentence were changed to Commissioner of Customs on authority of 1946 Reorg. Plan No. 3. See note under former section 1 of this title. ADMINISTRATIVE DELEGATION OF FUNCTIONS BY SECRETARY OF THE TREASURY

Administrative delegation of functions by Secretary of the Treasury, see note under former section 1 of this title.

CROSS REFERENCES

Surrender of certificates of registry, enrollment, or licenses, see sections 23, 30, 32, and 267 of this title.

§ 3. Measurement and numbering; tonnage tax.

The Commissioner of Customs shall be charged with the supervision of the laws relating to the admeasurement of vessels, and the assigning of signal letters thereto, and of designating their official number; and on all questions of interpretation growing out of the execution of the laws relating to these subjects, and relating to the collection of tonnage tax, and to the refund of such tax when collected erroneously or illegally, his decision shall be final. (July 5, 1884, ch. 221, § 3, 23 Stat. 119; June 30, 1932, ch. 314, §§ 501, 502 (b), 47 Stat. 415; May 27, 1936, ch. 463, § 1, 49 Stat. 1380; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F. R. 7875, 60 Stat. 1097.)

TRANSFER OF FUNCTIONS

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of the Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 18 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. The Commissioner of Customs, referred to in this section, is an officer of the Treasury Department. "Commissioner of Navigation" was changed to "Director, Bureau of Navigation and Steamboat Inspection", and then to "Director of the Bureau of Marine Inspection and Navigation" by acts June 30, 1932 and May 27, 1936. See note under former section 1 of this title. "Commissioner of Customs" was substituted for "Director of the Bureau of Marine Inspection and Navigation" on authority of 1946 Reorg. Plan No. 3. See note under former section 1 of this title.

ADMINISTRATIVE DELEGATION OF FUNCTIONS BY SECRETARY OF THE TREASURY

Administrative delegation of functions by Secretary of the Treasury, see note under former section 1 of this title.

CROSS REFERENCES

Measurement of vessels, see section 71 et seq. of this

title.

Numbering of undocumented vessels by the Coast Guard, see section 527 et seq. of this title.

§ 4. Annual list of vessels; report of increase; report on navigation laws.

The Commissioner of Customs shall annually prepare and publish a list of vessels of the United States belonging to the commercial marine, specifying the official number, signal letters, names, rig, tonnage, home port, and place and date of building of every vessel, distinguishing in such list sailing vessels from such as may be propelled by steam or other motive power. He shall also report annually to the Secretary of the Treasury the increase of vessels of the United States, by building or otherwise, specifying their number, rig, and motive power. The Commandant of the Coast Guard and the Commissioner of Customs shall also investigate the operations of the laws relative to navigation, and annually report to the Secretary of the Treasury such particulars as may, in their individual judgment, admit of improvement or may require amendment. (July 5, 1884, ch. 221, § 4, 23 Stat. 119; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; June 30, 1932, ch. 314, §§ 501, 502 (b), 47 Stat. 415; May 27, 1936, ch. 463, § 1, 49 Stat. 1380; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F. R. 7875, 60 Stat. 1097.)