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(5) Section 465 of the Tariff Act of 1930, as amended (19 U.S.C. 1465), is amended by striking the first sentence thereof and varying the remainder to read as follows:
The conductor or person in charge of any railway car arriving from a contiguous country shall file with the manifest of such car a detailed list of all supplies or other merchandise purchased in such foreign country for use in the United States. If any such supplies [,] or merchandise
, repairs or equipment shall not be reported, the [master] conductor, or other person having charge of such [vessel or vehicle shall be liable to a fine of not less than $100 and not more than $500, or to imprisonment for not more than two years, or both.
(6) Section 581 of the Tariff Act of 1930, as amended (19) U.S.C. 1581), is amended by striking subsections (b), (c), (g), and (h) thereof, by renumbering subsections (d), (e) and (f) as (b), (c), and (d), respectively, and by varying these remaining subsections to read as follows:
(a) Any officer of the customs may at any time go on board of any [vessel or] vehicle at any place in the United States [or within the customs waters or, as he may be authorized, within a custom-enforcement area established under the Anti-Smuggling Act, or at any other authorized place, without as well as within his district,] and examine the manifest and other documents and papers and examine, inspect, and search the vessel or] vehicle and every part thereof and any person, trunk, package, or cargo on board, and to this end may hail or stop such [vessel or] vehicle[,] and use all necessary force to compel compliance.
[(d)] (b) Any [vessel or] vehicle which, at any authorized place, is directed to a stop by any officer of the customs [, or is directed to come to a stop by signal made by any vessel employed in the service of the customs and displaying proper insignia,] shall come to a stop, and upon failure to comply a vessel or] vehicle so directed to come to a stop shall become subject to pursuit and the [master, owner, operator, or person in charge thereof shall be liable to a penalty of not more than $5,000 nor less than $1.000.
[(e)] (c) If upon the examination of any [vessel or] vehicle it shall appear that a breach of the laws of the United States is being committed so as to render such [vessel or] vehicle, or the merchandise, or any part thereof, on board of, or brought into the United States by, such [vessel or] vehicle, liable to forfeiture or to secure any fine or penalty, the same shall be seized and any person who has engaged in such breach shall be arrested.
[(f)] (d) It shall be the duty of the several officers of the customs to seize and secure any [vessel,] vehicle [,] or merchandise which shall become liable to seizure, and to arrest any person who shall become liable to arrest, by virtue of any law respecting the revenue, as well without as within their respective districts, and to use all necessary force to seize or arrest the same.
(7) Section 583 of the Tariff Act of 1930, as amended (19 U.S.C. 1583), is amended to read as follows:
The [master of every vessel and the] person in charge of every vehicle bound to a [port or] place in the United States shall deliver to the officer of the customs [or Coast Guard] who shall first demand it of him, the original and one copy of the manifest of such [vessel or] vehicle, and such officer shall certify on the back of the original manifest to the inspection thereof and return the same to the [master or other person in charge.
(8) Section 584 of the Tariff Act of 1930, as amended (19) U.S.C. 1584), is amended by striking the third paragraph thereof and varying the remainder to read as follows:
Any [master of any vessel and any] person in charge of any vehicle bound to the United States who does not produce the manifest to the officer demanding the same shall be liable to a penalty of $500, and if any merchandise [, including sea stores, is found on board of or after having been unladen from such [vessel or] vehicle which is not included or described in said manifest or does not agree therewith, the [master of such vessel or the] person in charge of, [such vehicle] or the owner of, such [vessel or] vehicle shall be liable to a penalty equal to the value of the merchandise so found or unladen, and any such merchandise belonging or consigned to [the master or other officer or to any of the crew of such vessel, or to] the owner or person in charge of such vehicle [,] shall be subject to forfeiture, and if any merchandise described in such manifest is not found on board the vessel or] vehicle the [master or other] person in charge or the owner of such [vessel or] vehicle shall be subject to a penalty of $500: Provided, That if the [collector] appropriate customs officer shall be satisfied that the manifest was lost or mislaid without intentional fraud, or was defaced by accident, or is incorrect by reason of clerical error or other mistake and that no part of the merchandise not found on board was unshipped or discharged except as specified in the report of the [master] person in charge of the vehicle, said penalties shall not be incurred.
If any of such merchandise so found consists of heroin, morphine, cocaine, isonipecaine, or opiate, the [master of such vessel of person in charge or, [such vehicle] or the owner of, such [vessel or] vehicle shall be liable to a penalty of $50 for each ounce thereof so found. If any of such merchandise so found consists of smoking opium, opium prepared for smoking, or marijuana, the [master of such vessel or person in charge of [such vehicle], or the owner, of such [vessel or] vehicle shall be liable to a penalty of $25 for each ounce thereof so found. If any of such merchandise so found consists of crude opium, the [master of such vessel or] person in charge of such vehicle], or the owner, of such [vessel or] vehicle shall be liable to a penalty of $10 for each ounce thereof so found. [Such penalties shall, not withstanding the proviso in section 594 of this Act (relating to the immunity of vessels or vehicles used as common car
riers), constitute a lien upon such vessel which may be enforced by a libel in rem; except that the master or owner of a vessel used by any person as a common carrier in the transaction of business as such common carrier shall not be liable to such penalties and the vessel shall not be held subject to the lien, if it appears to the satisfaction of the court that neither the master nor any of the officers (including licensed and unlicensed officers and petty officers) nor the owner of the vessel knew, and could not, by the exercise of the highest degree of care and diligence, have known, that such narcotic drugs were on board. Clearance of any such vessel may be withheld until such penalties are paid or until a bond, satisfactory to the collector, is given for the payment thereof.] The provisions of this paragraph shall not prevent the forfeiture of any such [vessel or] vehicle under any other provision of law. The words isonipecaine, opiate, and marihuana as used in this paragraph shall have the same meaning as defined in [sections 3228 (e), 3228(f), and 3238(b)] subsections (f) and (g) of section 4731 and paragraph (2) of section 4761, respectively, of title 26, Internal Revenue Code of 1954.
(9) Section 585 of the Tariff Act of 1930, as amended (19 U.S.C. 1585), is amended to read as follows:
If any [vessel or] vehicle from a foreign [port or] place arrives within the limits of any customs [collection] district and departs or attempts to depart, except from stress of weather or other necessity, without making a report [or entry] under the provisions of this Act, or if any merchandise is unladen therefrom before such report [or entry], [the master of such vessel shall be liable to a penalty of $5,000, and] the person in charge of such vehicle shall be liable to a penalty of $500[,] and any such [vessel or] vehicle shall be forfeited, and any officer of the customs may cause such [vessel or] vehicle to be arrested and brought back to the most convenient port of the United States.
(10) Section 618 of the Tariff Act of 1930, as amended (19 U.S.C. 1618), is amended to read as follows:
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, files with the Serertary of the Treasury [if under the customs laws, and with the Secretary of Commerce 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 discon
tinuance 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] other appropriate customs officer, judge of the United States Customs Court, or United States commissioner, to take testimony upon such petition: Provided, That nothing in this section shall be construed to deprive any person of an award of compensation made before the filing of such petition. (11) Section 5 of the Anti-Smuggling Act, as amended (19) U.S.C. 1705), is amended by striking the words "vessel or" and "under existing" and by inserting in lieu of the latter the words "otherwise provided for by".
(12) Section 36 of the Shipping Act, 1916, as amended (46 U.S.C. 834), is amended to read as follows:
The Secretary of the Treasury is authorized to refuse a clearance to any [vessel or other] vehicle laden with merchandise destined for a foreign or domestic port whenever he shall have satisfactory reason to believe that the [master,1 owner[,] or [other officer] person in charge of such [vessel or other vehicle refuses or declines to accept or receive freight or cargo in good condition tendered for such port of destination or for some intermediate port of call, together with the proper freight or transportation charges therefor, by any citizen of the United States, unless the same is fully laden and has no space accommodations for the freight or cargo so tendered, due regard being had for the proper loading of such [vessel or] vehicle, or unless such freight or cargo consists of merchandise for which such [vessel or] vehicle is not adaptable.
(13) Section 25 of the Merchant Marine Act, 1920, as amended (46 U.S.C. 881), is amended by striking the last colon and the last proviso.
(b) The laws specified in the following schedule are repealed:
Amendments of statutory provisions being repealed are indicated by indentation from the left hand margin.
Certain legislation of broad application, not amendatory of specific statutes, has been omitted from the table, principally the following reorganization plans and prior statutes in the nature of reorganization acts:
Act Feb. 14, 1903, c. 552, 32 Stat. 825.
Act Mar. 4, 1913, c. 141, 37 Stat. 736.
Act June 30, 1932, c. 314, §§ 401-504, 47 Stat. 413.
Act May 27, 1936, c. 463, 49 Stat. 1380.
1946 Reorganization Plan No. 3, eff. July 16, 1946, §§ 101–104, 60 Stat. 1097.
1950 Reorganization Plan No. 21, eff. May 24, 1950, 64 Stat. 1273.