Lapas attēli
PDF
ePub

The references to "vehicle" have been omitted in two places in subsection (b) as beyond the scope of this act.

The words "this Act" in subsection (b) refer to the Tariff Act of 1930. As only certain sections and parts of sections of the Tariff Act of 1930 have been incorporated into this act, a reference to the pertinent sections of this act by number has been substituted for "this Act."

As originally enacted, the words "with the Secretary of the Treasury if under the customs laws, and with the Secretary of the Treasury if under the navigation laws" read "with the Secretary of the Treasury if under the customs laws, and with the Secretary of Commerce if under the navigation laws," and the words "the Secretary of the Treasury, or the Secretary of the Treasury" read “the Secretary of the Treasury, or the Secretary of Commerce.' Those functions referred to which were formerly performed under the navigation laws by the Secretary of Commerce now are performed by the Secretary of the Treasury under authority of 1946 Reorganization Plan No. 3 and 1950 Reorganization Plan No. 26, and the distinction between customs laws and navigation laws in the context has been eliminated. The reference to "the Secretary of the Treasury, or the Secretary of the Treasury" is anomalous, and the words "or the Secretary of the Treasury" in the second instance accordingly have been deleted.

The words "officer of the customs" have been substituted for "customs agent, collector" in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs]." "Officer of the customs" is defined in section 101 of this act to include customs agents, as well as other officers or employees designated by the Secretary of the Treasury to enforce this act.

SEC. 108. REFUND OF PENALTIES OR CHARGES UNDER LAWS RELATING TO VESSELS OR SEAMEN.-Whenever any fine, penalty, forfeiture, exaction, or charge arising under the laws relating to vessels or seamen has been paid to any [collector of customs officer or employee designated by the Secretary for that purpose or any consular officer, and application has been made within one year from such payment for the refunding or remission of the same, the Secretary [of the Treasury], if on investigation he finds that such fine, penalty, forfeiture, exaction, or charge was illegally, improperly, or excessively imposed, shall have the power, either before or after the same has been covered into the Treasury, to refund so much of such fine, penalty, forfeiture, exaction, or charge as he may think proper, from any moneys in the Treasury not otherwise appropriated.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 8 (June 26, 1884, c. 121, § 26, 23 Stat. 59; 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).

The words "officer or employee designated by the Secretary for that purpose" have been substituted for "collector of Customs" in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector of customs."

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

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

SEC. 109. SAVING CLAUSE.-The repeal of existing law or modifications thereof embraced in this Act shall not affect any act done, or any right accruing or accrued, or any suit or proceeding had or commenced in any civil or criminal case prior to such repeal or modification, but all

liabilities under such laws shall continue and may be enforced in the same manner as if such repeal or modification had not been made.

NOTE

This section is new. The wording is taken from act Aug. 8, 1953, § 23, 67 Stat. 521 (note to 19 U.S.C. 258).

SEC. 110. SEPARABILITY.-If any clause, sentence, paragraph, or part of this Act, or the application thereof to any person or circumstances, is held invalid, the application thereof to other persons or circumstances, and the remainder of the Act, shall not be affected thereby.

NOTE

This section is based on title 19, U.S.C., 1964 ed., § 1710 (Aug. 5, 1935, c. 438, title IV, § 402, 49 Stat. 529). The wording is taken from act Aug. 5, 1935, c. 438,

This section is new.

§ 402, 49 Stat. 529 (19 U.S.C. 1710).

SEC. 111. SHORT TITLE.-This Act may be cited as the "Navigation Act of 1967."

SEC. 112. EFFECTIVE DATE.-This Act shall become effective 180 days after the date of its enactment.

CHAPTER 2-DOCUMENTATION OF VESSELS

SEC. 201. "VESSELS OF THE UNITED STATES" DEFINED; OFFICERS TO BE CITIZENS.-(a) Vessels registered, enrolled, enrolled and licensed, or licensed under the laws of the United States [pursuant to law and no others, except such as shall be duly qualified according to law for carrying on the coasting or fishing trade,] shall be deemed vessels of the United States, and entitled to the benefits and privileges appertaining to such vessels; but no such vessel shall enjoy such benefits and privileges longer than it shall continue to be wholly owned by a citizen or citizens of the United States or a corporation created under the laws of [any of the States thereof] the United States or of a State, territory, District, or possession thereof, or of the Commonwealth of Puerto Rico, and be commanded by a citizen of the United States.

(b) [And all] All [the] licensed officers and pilots of vessels of the United States [who shall have charge of a watch, including pilots,] shall [in all cases] be citizens of the Unite 1 [States.] States, nativeborn, or completely naturalized. [The word "officers" shall include the chief engineer and each assistant engineer in charge of a watch on vessels propelled wholly or in part by steam; and no person shall be qualified to hold a license as a commander or watch officer of a merchant vessel of the United States who is not a native-born citizen, or whose naturalization as a citizen shall not have been fully completed.] (c) In cases where on a foreign voyage, [or on a voyage from an Atlantic to a Pacific port of the United States,] any [such] vessel of the United States is for any reason deprived of the services of an officer below the grade of master, his place, or a vacancy caused by the promotion of another officer to such place, may be supplied by a person not a citizen of the United States until the first [return] call of

such vessel [to its home port] at a port in the United States where such replacements can be obtained; and such vessel shall not be liable to any penalty or penal tax for such employment of an alien officer.

(d) The President [of the United States] is authorized, whenever in his discretion the needs of foreign commerce may require, to suspend by order, so far and for such length of time as he may deem desirable, the provisions of law prescribing that all the [watch] officers of vessels of the United States registered for foreign trade shall be citizens of the United States.

NOTE

This section is based on title 46, U.S.C., §§ 221, 236, 911(4), 672a, 1132 (a)–(f) (R.S. § 4131; June 26, 1884, c. 121, § 1, 23 Stat. 53; May 28, 1896, c. 255, §§ 1, 3, 29 Stat. 188, 189; Aug. 18, 1914, c. 256, § 2, 38 Stat. 699; June 5, 1920, c. 250, 30, subsection B, 41 Stat. 100; Ex. Ord. No. 6166. § 12, June 10, 1933; June 25, 1936, c. 816, § 5, 49 Stat. 1935; June 29, 1936, §§ 302 (a)–(f), 49 Stat. 1992; June 29, 1936, c. 858, title IX, § 904, 49 Stat. 2016; 1946 Reorganization Plan No. 3, §§ 101-104, 60 Stat. 1097; 1950 Reorganization Plan No. 21, §§ 204, 306, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1276, 1277).

Subsection (a) is based on 46 U.S.C. 221 and 46 U.S.C. 911(4). Subsections (b) and (c) are based on 46 U.S.C. 221 as modified by 46 U.S.C. 672a and 46 U.S.C. 1132 (a)-(f). Subsection (d) is based on 46 U.S.C. 236.

The definition of "vessels of the United States" has been enlarged from "Vessels registered pursuant to law and no others, except such as shall be duly qualified according to law for carrying on the coasting or fishing trade" to include "Vessels registered, enrolled, enrolled and licensed, or licensed under the laws of the United States" consistent with the extension of the term implied in paragraph 4 of act June 5, 1920, c. 250, § 30, subsection B, 41 Stat. 1000 (46 U.S.C. 911(4)), which provides: "The term 'vessel of the United States' means any vessel documented under the laws of the United States and such vessel shall be held to continue to be so ducumented until its documents are surrendered with the approval of the Secretary of Commerce; ***". In conformity with this, §3.1(b), Customs Regulations (19 C.F.R. 3.1(b)) defines "vessel of the United States" for the pruposes of part 3 (Documentation of Vessels) and part 4 (Vessels in Foreign and Domestic Trades) of the Customs Regulations as "any vessel documented under the laws of the United States."

As revised, the definition of "vessels of the United States" clearly embraces yachts enrolled and licensed or licensed under the provisions of section 801 herein. Heretofore the fact that such yachts were covered by the definition of "vessels of the United States" in R.S. § 4131, as amended (46 U.S.C. 221), since they were neither registered nor qualified for carrying on the coasting or fishing trade, was not clear on the face of that statute standing alone. In this connection it should be pointed out that the definition in R.S. § 4131, as amended, is derived from act Dec. 31, 1792, c. 1, § 1, 1 Stat. 287; while the authority for licensing yachts came much later, being derived from acts Aug. 7, 1848, c. 141, § 2, 9 Stat. 274, and June 29, 1870, c. 170, § 1, 16 Stat. 170. The definition was first formulated, then, without consideration of vessels to be documented other than for foreign or domestic "trade" or the fisheries.

The words "the United States or of a State, territory, District, or possessions thereof, or of the Commonwealth of Puerto Rico," have been substituted for "any of the States thereof" in subsection (a) consistent with act Sept. 7, 1916, c. 451, § 2 as amended; 46 U.S.C. 802 (subsec. (b) of sec. 506 of this act), and act June 5, 1920, c. 250, § 27A, as added Sept. 2, 1958, Public Law 85-902; 46 U.S.C. 883-1 (subsec. (a) of sec. 513 of this act). Note also section 205 of this act and the note thereto. The words "or of the Commonwealth of Puerto Rico" reflect the present status of this former possession. See act July 3, 1950, c. 446, §§ 1-6, 64 Stat. 319; § 1 of the Constitution of Puerto Rico (48 U.S.C. 731 b-e, 737).

The requirement in subsection (b) that all licensed officers of vessels of the United States who shall have charge of a watch, including pilots, shall be citizens of the United States has been extended to "all licensed officers and pilots of vessels of the United States." The qualification as to "watch officers" has been elimi

nated consistent with subsection (a) of section 5, act June 25, 1936, § 5, 49 Stat. 1935 (46 U.S.C. 672a), which supersedes, in this respect, 46 U.S.C. 221, and reads: "(a) From and after the enactment of this Act [June 25, 1936] all licensed officers and pilots of vessels of the United States shall be citizens of the United States, native-born, or completely naturalized."

This is consistent also with act June 29, 1936, § 302(a), 49 Stat. 1992 (46 U.S.C. 1132(a)), in connection with subsidized vessels, which reads:

"(a) All licensed officers of vessels documented under the laws of the United States, as now required by law, shall be citizens of the United States, native-born or completely naturalized; ***”

The second sentence of subsection (b) has been deleted because with the extension of the requirement to include all licensed officers, the definition of "officers" in the first clause is no longer necessary; and the second clause is covered by the subsection as revised.

The words "or on a voyage from an Atlantic to a Pacific port of the United States" have been eliminated in subsection (c), and the words "until the first call of such vessel at a port in the United States where such replacements can be obtained" substituted for "until the first return of such vessel to its home port" consistent with subsection (c) of section 5, act June 25, 1936, 49 Stat. 1935 (46 U.S.C. 672a), which reads:

"(c) If any vessel while on a foreign voyage is for any reason deprived of the services of any member of the crew, such position or vacancy caused by the promotion of another to such position may be supplied by a person other than defined in paragraphs (a) and (b) until the first call of such vessel at a port in the United States where such replacements can be obtained."

And also with subsection (d) of section 302, act June 29, 1936, 49 Stat. 1992 (46 U.S.C. 1132(d)), which reads:

"(d) If any such vessel (as above defined) while on a foreign voyage is for any reason deprived of the services of any employee below the grade of master, his place or a vacancy caused by the promotion of another to his place may be supplied by a person other than defined in paragraphs (a) and (b), until the first return of such vessel to a port in the United States."

The words "or on a voyage from an Atlantic to a Pacific port of the United States" were included prior to the opening of the Panama Canal at a time when such voyage, involving a trip around Cape Horn, was in effect a foreign voyage. The words "of the United States" following "President" in subsection (d) have been deleted as surplusage because "President" is defined as "President of the United States" in section 101 of this act. The word "watch" has been deleted consistent with the revision of subsection (b) of this section.

Although subsections (b) and (c) relate to manning requirements and as such are within the purview of the U.S. Coast Guard, it has been deemed appropriate to retain this material in this act as concerning circumstances under which a vessel of the United States may become liable to penalty tonnage tax under paragraph (3) of subsection (a) of section 1008 of this act, which in pertinent part provides:

"(a) On vessels which shall be entered in the United States from any foreign port or place, *** there shall be paid taxes as follows:

(3) On vessels of the United States, not under provisional register, any officer of which shall not be a citizen of the United States, 50 cents per ton." Changes have been made in arrangement and phraseology as required in the context of this act.

SEC. 202. LICENSES TO AND OWNERSHIP OF CERTAIN VESSELS BY CERTAIN INDIANS NOT CITIZENS.-(a) All Indians of the Tsimpsean or Haida Tribe of the full or mixed blood who emigrated from British Columbia and settle at [Metlakahtla] Metlakatla, [on Annette Island, in southeastern] Alaska, in the year 1887 and subsequent years, as well as all descendants of such Indians, and all other Indians who have since become and remained bona fide residents of said [Metlakahtla] Metlakatla, Alaska, who may not be citizens of the United States in pursuance of the Act of May 7, 1934, c. 221, 48 Stat. 667, and the Act of June 27, 1952, c. 477, Title III, ch. 1, § 304, 66 Stat. 237, shall, if otherwise qualified, be entitled to receive and obtain licenses

as masters, pilots, and engineers, as the case may be, of any and all steamboats and other craft, and also licenses as operators of motor boats and other craft, subject to the provisions of [the Act of Congress approved May 16, 1906, entitled "An Act to amend section 4426 of the Revised Statutes of the United States, regulation of motor boats" section 4426 of the Revised Statutes, as amended, with the same force and effect as if they had been citizens of the United States; and any such Indian may be the owner of any such motor boat or other craft, subject to the provisions of the said [Act of May 16, 1906] section 4426, although such Indian be not a citizen of the United States, without depriving said motor boat or other craft of the benefits and privileges of a vessel of the United States.

(b) A certificate under the hand of any officer of the cutoms in Alaska, to the effect that the applicant for one of the different licenses mentioned in [the foregoing] subsection (a) of this section comes within one of [the] its provisions [of said first section of this Act], shall, together with the affidavit of the applicant to that effect, be sufficient evidence of the fact that the said applicant is entitled to the privileges conferred upon said Indians by [the first] this section [of this Act].

NOTE

This section is based on title 46, U.S.C., §§237, 238 (Mar. 4, 1907, c. 2929, §§ 1, 2, 34 Stat. 1411, 1412).

This section consolidates 46 U.S.C. 237 and 238. Subsection (a) is based on 46 U.S.C. 237; subsection (b), on 46 U.S.C. 238.

The spelling of "Metlakahtla” has been changed to “Metlakatla” in two places in subsection (a) consistent with the spelling in the current Directory of Post Offices 1962, U.S. Post Office Department Publication 26.

The act of May 7, 1934, c. 221, 48 Stat. 667, and the act of June 27, 1952, c. 477, title III, ch. 1, § 304, 66 Stat. 237 (8 U.S.C. 1404), to which reference is made in subsection (a), are set forth below for reference:

Act of May 7, 1934, c. 221, 48 Stat. 667

"[T]he Indians of the Tsimshian Tribe, and those people known as Metlakahtlans, who emigrated from Metlakahtla, British Columbia, Canada, to Annette Island, in the Alexander Archpelago in southeastern Alaska in the year 1887, and there established a colony known as Metlakahtla, Alaska, and any and all other British Columbia Indians who joined them there not later than January 1, 1900, and have since resided continuously therein, having been faithful and loyal to the Constitution, laws and the Government of the United States, are hereby declared to be citizens of the United States.

"SEC. 2. The granting of citizenship to the said Indians shall not in any manner affect the rights, individual or collective, of the said Indians to any property, nor shall it affect the rights of the United States Government to supervise and administer the affairs of the said Metlakahtla Colony. And any reservations heretofore made by any Act of Congress or Executive order or proclamation for the benefit of the said Indians shall continue in full force and effect and shall continue to be subject to modification, alteration, or repeal by the Congress or the President, respectively."

Act of June 27, 1952, c. 477, title III, c. 1, § 304, 66 Stat. 237

"A person born in Alaska on or after March 30, 1867, except a non-citizen Indian, is a citizen of the United States at birth. A non-citizen Indian born in Alaska on or after March 30, 1867, and prior to June 2, 1924, is declared to be a citizen of the United States as of June 2, 1924. An Indian born in Alaska on or after June 2, 1924, is a citizen of the United States at birth."

It does not appear that either of the acts cited necessarily encompasses "all descendants of such Indians, and all other Indians who have since become and remained bona fide residents of" Metlakatla, and it has, therefore, been deemed desirable to include this section, as qualified, in this act so that no rights may be inadvertently lost.

The references to obtaining "licenses as masters, pilots, and engineers" and as "operators of motor boats and other craft," while relating to matters within the

« iepriekšējāTurpināt »