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report to the Secretary [of the Treasury] such particulars as may[,] in his judgment[,] admit of improvement or [may] require amend

ment.

NOTE

This section is based on 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; title 46, U.S.C., 1964 ed., § 4 (July 5, 1884, c. 221, § 4, 23 Stat. 119; Feb. 14, 1903, c. 552, § 10, 32 Stat. 829; Mar. 4, 1913, e. 141, § 1, 37 Stat. 736; June 30, 1932, c. 314, §§ 501, 502(b), 47 Stat. 415; May 27, 1936, c. 463, § 1, 49 Stat. 1380; 1946 Reorganization Plan No. 3, §§ 101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097).

The first sentence is based on section 2 of 1950 Reorganization Plan No. 26. The second sentence is based on the second sentence of the second paragraph of section 4 of act July 5, 1884, c. 221, 23 Stat. 119 (46 U.S.C. 4), which stated: "He [the Commissioner of Navigation] 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 his judgment, admit of improvement or may require amendment." The duties of the Commissioner of Navigation having become vested in the Secretary of the Treasury as a result of mesne reorganizations, and delegated by him to the Commissioner of Customs and the Commandant of the Coast Guard, in pursuance of the authority contained in 1950 Reorganization Plan No. 26 (the first sentence of this section), the use of the words "The head of each such agency" in lieu of "He" preserves the intent of the original statute that the subordinate agency head annually report to the Secretary concerning the navigation laws which may "admit of improvement or may require amendment."

The words "of the Treasury" following "Secretary" have been deleted as surplusage in each section because "Secretary" is defined as "Secretary of the Treasury" in section 101 of this act.

Changes have been made in arrangement and phraseology as required in the context of this act.

SEC. 105. WAIVER AUTHORITY.-The head of each department or agency responsible for the administration of the navigation and vesselinspection 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; and 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. [The] This authority [granted by this Act] shall terminate at such time as the Congress by concurrent resolution or the President may designate.

NOTE

This section is based on act Dec. 27, 1950, c. 1155, §§ 1, 2, 64 Stat. 1120 (note preceding title 46, U.S.C., 1964 ed., § 1).

This section has not heretofore been codified.

Changes have been made in phraseology as required in the context of this act.

SEC. 106. SPECIFIC DUTIES OF SECRETARY.

The Secretary shall:

(a) [He shall be specially charged with the decision of] Decide all questions relating to the registry, enrollment, enrollment and licensing, licensing, and recording of vessels and the [issue] issuance of certificates of [registers] registry, [enrollments] enrollment, and enrollment and license, licenses [of vessels], and certificates of record, and to the filing and preserving of those documents []. [and wherever] Wherever

in [title XLVII or L of the Revised Statutes] this Act any of the abovenamed documents are required to be surrendered, [or returned to the Register of the Treasury, such requirement is hereby repealed, and such documents] they shall be surrendered [and returned] to the Secretary [of the Treasury].

(b) [The Secretary of the Treasury shall be charged with the supervision] Supervise the administration of the laws relating to the admeasurement of vessels, [and the assigning] assign [of] signal letters thereto, and [of designating] designate their official [number] numbers; 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].

(c) [The Secretary of the Treasury shall annually prepare] Prepare and publish annually 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]. This list shall also contain a notation clearly indicating all vessels classed by the American Bureau of Shipping and, [Upon] upon affidavit by a reputable shipbuilder of the United States that an unrigged wooden vessel of the United States has been rebuilt, giving the date and place of such rebuilding, is sound and free from rotten or doted wood in structural parts, properly fastened and calked and in strength and seaworthiness as good as new, [the Secretary of the Treasury shall include in the List of Merchant Vessels] a notation to that effect.

(d) [He shall also report] Prepare and publish annually [to the Secretary of the Treasury] a report of the increase of vessels of the United States, by building or otherwise, specifying their number; rig, and motive power. [He 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 his judgment, admit of improvement or may require amendment.]

NOTE

Subsection (a): Based on title 46, U.S.C., 1964 ed., § 2 (July 5, 1884, c. 221, § 2, 23 Stat. 118; Feb. 14, 1903, c. 552, § 10, 32 Stat. 829; Mar. 4, 1913, c. 141, § 1, 37 Stat. 736; June 30, 1932, c. 314 §§ 501, 502(b), 47 Stat. 415; May 27, 1936, c. 463, § 1, 49 Stat. 1380; 1946 Reorganization Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280).

Subsection (b): Based on title 46, U.S.C., 1964 ed., § 3 (July 5, 1884, c. 221, § 3, 23 Stat. 119; June 30, 1932, c. 314, §§ 501, 502(b), 47 Stat. 415; May 27, 1936, c. 463, § 1, 49 Stat. 1380; 1946 Reorganization Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280).

Subsection (c): Based on title 46, U.S.C., 1964 ed. § 4 (July 5, 1884, c. 221, § 4, 23 Stat. 119; Feb. 14, 1903, c. 552, § 10, 32 Stat 829; Mar. 4, 1913, c. 141, § 1, 37 Stat. 736; June 30, 1932, c. 314, §§ 501, 502 b), 47 Stat. 415; May 27, 1936, c. 463, § 1, 49 Stat. 1380; 1946 Reorganization Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280); title 46, U.S.C., 1964 ed., § 881 (June 5, 1920, c. 250, § 25, 41 Stat. 998; Ex. Ord. No. 6166, § 12, June 10, 1933; June 29, 1936, c. 858, §§ 204, 904, 49 Stat. 1987, 2016; 1946 Reorganization Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; 1950 Reorganization Plan No. 21, §§ 204, 306, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1276, 1277; 1950 Reorganization Plan No. 26, § 1, 2, eff. July 31, 1950,

15 F.R. 4935, 64 Stat. 1280); title 46, U.S.C., 1964 ed., § 63 (July 9, 1912, c. 220, 37 Stat. 189; June 30, 1932, c. 314, §§ 501, 502(b), 47 Stat. 415; May 27, 1936, c. 463, § 1, 49 Stat. 1380; 1946 Reorganization Plan No. 3, §§ 101-104, eff., July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935; 64 Stat. 1280).

Subsection (d): Based on title 46, U.S.C., 1964 ed., § 4 (July 5, 1884, c. 221, § 4, 23 Stat. 119; Feb. 14, 1903, c. 552, § 10, 32 Stat. 829; Mar. 4, 1913, c. 141, § 1, 37 Stat. 736; June 30, 1932, c. 314, §§ 501, 502(b), 47 Stat. 415; May 27, 1936, c. 463, § 1, 49 Stat. 1380; 1946 Reorganization Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280).

Subsection (a)

Subsection (a) is the second paragraph of section 2 of act July 5, 1884, c. 221, 23 Stat. 118 (46 U.S.C. 2).

The words "registry, enrollment, enrollment and licensing, licensing, and recording of vessels and the issuance of certificates of registry, enrollment, and enrollment and license, licenses, and certificates of record" have been substituted for "issue of registers, enrollments, licenses" to recognize the distinctive documents issued to vessels of 20 tons and upward and to those of less than 20 tons (see secs. 232, 247, 501, 601, and 801 of this act) and consistent with section 226 of this act, relating to the issuance of certificates of record.

The words "or returned to the Register of the Treasury, such requirement is hereby repealed" have been deleted as executed.

Subsection (b)

Subsection (b) is section 3 of act July 5, 1884, c. 221, 23 Stat. 119 (46 U.S.C. 3). As enacted this section read "The Commissioner of Navigation shall be charged with the supervision ***" and the pronoun "his" preceding "decision" in the second clause referred to the Commissioner of Navigation, so the sense of the section was that the decision of the Commissioner of Navigation on the matters referred to was to be "final" within the Treasury Department, of which the Bureau of Navigation, under the immediate charge of a Commissioner of Navigation, was a part (act July 5, 1884, c. 221, § 1, 23 Stat. 119; Union Oil Co. of California v. Bryan, D.C. Cal. 1943, 52 F. Supp. 256, aff'd 155 F. 2d. 625). The title of the Commissioner of Navigation, however, was changed to "Director, Bureau of Navigation and Steamboat Inspection," and then to "Director, Bureau of Marine Inspection and Navigation" by acts June 30, 1932, and May 27, 1936, respectively, and his duties were transferred to the Commissioner of Customs by 1946 Reorganization Plan No. 3 and thence to the Secretary of the Treasury by 1950 Reorganization Plan No. 26. As the clause "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" in effect makes the decision of the Secretary of the Treasury final in the Treasury Department, the clause has been deleted as unnecessary, it having been purposeful only so long as it made the decision of a subordinate officer of the Department (the Commissioner of Navigation) final within the Department, thus relieving the Secretary of the need for considering the matter referred to.

Subsection (c)

The first sentence of subsection (c) is the first paragraph (of two) of section 4 of act July 5, 1884, c. 221, 23 Stat. 119 (46 U.S.C. 4). The first clause of the second sentence is based on act June 5, 1920, c. 250, § 25, 41 Stat. 998 (46 U.S.C. 881, last proviso), and the second clause of the second sentence is based on act July 9, 1912, c. 220, 37 Stat. 189 (46 U.S.C. 63).

The words "belonging to the commercial marine" have been deleted because yachts enrolled and licensed or licensed under section 801 of this act, which do not belong to the commercial marine, but which nevertheless are vessels of the United States under the definition in section 201 of this act, always have been included in "Merchant Vessels of the United States," pursuant to the instruction in act July 28, 1866, c. 298, § 13, 14 Stat. 331, to the director of the Bureau of Statistics created by that act to "prepare an annual statement of vessels registered, enrolled, and licensed under the laws of the United States, together with the class, name, tonnage, and place of registry of each vessel, and such other information as the Secretary of the Treasury may deem proper to embody therein;

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With the publication of the 1946 edition of "Merchant Vessels of the United States," the theretofore separate listing of vessels by rig (for example, "Steam Vessels" and "Sailing Vessels") was abandoned, and all vessels regardless of rig were listed in alphabetical order with the rig of each designated. As "rig" in this context thus is equated with "means of propulsion," and as this subsection requires that the rig of each vessel be specified, the words "distinguishing in such list sailing-vessels from such as may be propelled by steam or other motive power" at the end of the first sentence have been deleted as surplusage.

Subsection (d)

Subsection (d) is the second paragraph of section 4 of act July 5, 1884, c. 221, 23 Stat. 119 (46 U.S.C. 4).

The words "He shall also report annually to the Secretary of the Treasury" in the first sentence have been changed to "Prepare and publish annually a report of" (referable to "The Secretary shall:" at the beginning of this section) because the pronoun "He" referred to the Commissioner of Navigation, whose duties are vested in the Secretary of the Treasury as a result of mesne reorganizations, including 1956 Reorganization Plan No. 26.

The last sentence: "He [the Commissioner of Navigation] 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 his judgment, admit of improvement or may require amendment." has been omitted as covered by the second sentence of section 104 of this act.

Changes have been made in arrangement and phraseology in this section as required in the context of this act.

SEC. 107. REMISSION OR MITIGATION OF FINES, PENALTIES AND FORFEITURES; INFORMER'S RIGHTS. (a) The Secretary [of the Treasury] may, upon application therefor, remit or mitigate any fine, penalty, or forfeiture provided for in laws relating to vessels [or discontinue any prosecution to recover penalties or relating to forfeitures denounced in such laws], excepting the penalty of imprisonment_or removal from office, upon such terms as he[] in his discretion [,] shall think proper; and all rights granted to informers by such laws shall be held subject to the Secretary's powers of remission, except in cases where the claims of any informer to the share of any penalty shall have been determined by a court of competent jurisdiction prior to the application for the remission of the penalty or forfeiture; and the Secretary shall have authority to ascertain the facts upon all such applications in such manner and under such regulations as he may deem proper[]: Provided, That the Secretary shall have power to remit or mitigate: [The] the fine imposed by [sections] section [5] 247, [6] 261, [7] 406, [and] or [8] 504 of this Act [shall be subject to remission or mitigation by the Secretary of the Treasury] when the offense was not [wilfully] willfully committed, under such regulations and methods of ascertaining the facts as may seem to him advisable.]; [The Secretary of the Treasury shall have the power to remit or mitigate such] the penalty imposed by section 211 of this Act if in his opinion it was incurred without willful negligence or intention of fraud[]; and [The Secretary of the Treasury shall have power to remit or mitigate any such] the penalty of $200 imposed under section 801 of this Act if in his opinion it was incurred without negligence or intention of fraud.

(b) Whenever any person interested in any vessel, [vehicle,] merchandise, or baggage seized under the provisions of [this Act], or who has incurred, or is alleged to have incurred, any fine or penalty [thereunder] under, sections 511, 901, 903-907, 909, 910, 912-919,

921, 924-926, 930-932, 1301, and 1303 of this Act, files with the Secretary [of the Treasury if under the customs laws, and with the Secretary of the Treasury if under the navigation laws], before the sale of such vessel, [vehicle,] merchandise, or baggage a petition for the remission or mitigation of such fine, penalty, or forfeiture, the Secretary [of the Treasury, or the Secretary of the Treasury], if he finds that such fine, penalty, or forfeiture was incurred without willful negligence or without any intention on the part of the petitioner to defraud the revenue or to violate the law, or finds the existence of such mitigating circumstances as to justify the remission or mitigation of such fine, penalty, or forfeiture, may remit or mitigate the same upon such terms and conditions as he deems reasonable and just, or order discontinuance of any prosecution relating thereto]. In order to enable him to ascertain the facts, the Secretary [of the Treasury] may issue a commission to any [customs agent, collector] officer of the customs, judge of the United States Customs Court, or United States commissioner, to take testimony upon such petition[:]. [Provided, That nothing] Nothing in this [section] subsection shall be construed to deprive any person of an award of compensation made before the filing of such petition.

NOTE

This section is based on title 46, U.S.C., 1964 ed., §§ 7, 320, 23, 108 (R.S. §§ 4146, 5294; June 19, 1886, c. 421, § 9, 24 Stat. 81; Dec. 15, 1894, c. 7, 28 Stat. 595; Jan. 16, 1895, c. 24, §§ 2, 5, 28 Stat. 624, 625; Mar. 2, 1896, c. 37, 29 Stat. 39; Feb. 14, 1903, c. 552, § 10, 32 Stat. 829; Mar. 4, 1913, c. 141, § 1, 37 Stat. 736; 1946 Reorganization Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F. R. 7875, 60 Stat. 1097; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317; title 19, U.S.C. 1964 ed., § 1618 (June 17, 1930, c. 497, title IV, § 618, 46 Stat. 757; 1946 Reorganization Plan No. 3, eff. July 16, 1946, §§ 101-104, 11 F.R. 7875, 60 Stat. 1097; Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

The first sentence of subsection (a) of this section is based upon R.S. § 5294, as amended (46 U.S.C. 7); the first clause in the proviso on act June 19, 1886, c. 421, § 9, 24 Stat. 81, as amended (46 U.S.C. 320); the second clause in the proviso on R.S. § 4146, as amended (46 U.S.C. 23); and the third clause in the proviso on act Jan. 16, 1895, c. 24, § 5, 28 Stat. 625, as amended (46 U.S.C. 108). Subsection (b) is adapted from act June 17, 1930, c. 497, title IV, § 618, 46 Stat. 757, as amended (19 U.S.C. 1618). The words "under such regulations and methods of ascertaining the facts as may seem to him advisable" have been deleted as surplusage in the light of subsection (a) of section 103 of this act.

The words "of the Treasury" have been deleted in several places following "Secretary" in subsections (a) and (b) as surplusage because "Secretary" is defined as "Secretary of the Treasury" in section 101 of this act.

The words "or discontinue any prosecution to recover penalties or relating to forfeitures denounced in such laws" in subsection (a) and "or order discontinunace of any prosecution relating thereto" in subsection (b) have been deleted as superseded by the second paragraph of section 5 of Executive Order No. 6166, June 10, 1933 (5 U.S.C. 124–132), which reads:

"As to any case referred to the Department of Justice for prosecution or defense in the courts, the function of decision whether and in what manner to prosecute, or to defend, or to compromise, or to appeal, or to abandon prosecution or defense, now exercised by any agency or officer, is transferred to the Department of Justice."

See also section 23.23 (d), Customs Regulations (19 CFR 23.23(d)), which provides:

"No action looking to the remission or mitigation of a fine, penalty, or forfeiture shall be taken on any petition, irrespective of the amount involved, if the case has been referred to the Department of Justice for the institution of legal proceedings."

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