ADMINISTRATIVE DELEGATION OF FUNCTIONS BY 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 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 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 title 48 or 50 of the Revised Statutes 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 Title 48 of the Revised Statutes, referred to in text, consists of R.S. §§ 4131 to 4305. For complete classification of R.S. §§ 4131 to 4305 to the Code, see Tables. Title 50 of the Revised Statutes, referred to in text, consists of R.S. §§ 4311 to 4390, which are classified to sections 251, 252 to 259, 262 to 287, 293, 294 to 301, 303 to 318, 321 to 330, and 333 to 335 of this title. For complete classification of R.S. §§ 4311 to 4390 to the Code, see Tables. 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 officers and offices of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding such transfer of functions, the Coast Guard shall operate as part of the Navy in time of war or when the President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation. For transfer of functions of other officers, employees, and agencies of the Department of the Treasury, with certain exceptions, to the Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Functions of the Coast Guard, and the Commandant of the Coast Guard, were excepted from transfer when the Coast Guard is operating as part of the Navy under sections 1 and 3 of Title 14. "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 Reorg. Plan No. 3 of 1946, §§ 101-104, set out as a note under section 1 of this title. "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 set out under section 1 of this title. 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. ADMINISTRATIVE DELEGATION OF FUNCTIONS BY SECRETARY OF THE TREASURY Administrative delegation of functions by Secretary of the Treasury, see note set out under section 1 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 For transfer of functions of other officers, employees, and agencies of the Department of the Treasury, with certain exceptions, to the Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, 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 Customs" was substituted for "Director of the Bureau of Marine Inspection and Navigation" on authority of Reorg. Plan No. 3 of 1946, §§ 101-104, set out as a note under section 1 of this title. "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 set out under 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 set out under section 1 of this title. CROSS REFERENCES Measurement of vessels, see section 71 et. seq. of this title. § 4. Repealed. Pub. L. 96-594, title I, 8 127, Dec. 24, 1980, 94 Stat. 3459 Section, acts 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, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, related to preparation, etc., of annual list of vessels of United States. EFFECTIVE DATE OF REPEAL Section repealed effective on the first day of the eighteenth month following December, 1980, see section 128 of Pub. L. 96-594, set out as an Effective Date note under section 65 of this title. §5. Repealed. Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 635 Section, acts July 5, 1884, ch. 22, § 6, 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, 47 Stat. 415; May 27, 1936, ch. 463, § 1, 49 Stat. 1380, provided for a Deputy Commissioner of Navigation and additional clerks in the Bureau of Marine Inspection and Navigation. § 6. Repealed. June 17, 1930, ch. 497, § 651(a)(1), 46 Stat. 762 Section, act Sept. 21, 1922, ch. 356, § 581, 42 Stat. 979, related to the authority of officers and agents of the Department of Commerce in the enforcement of the navigation laws. § 7. Penalties under laws relating to vessels; informers' rights; manner of ascertaining facts The Commandant of the Coast Guard or the Commissioner of Customs, as the case may be, 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 of 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 Commandant's or Commissioner'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 Commandant or Commissioner shall have authority to ascertain the facts upon all such applications in such manner and under such regulations as he may deem proper. (R.S. § 5294; Dec. 15, 1894, ch. 7, 28 Stat. 595; Mar. 2, 1896, ch. 37, 29 Stat. 39; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736; 1946 Reorg. Plan No. 3, 88 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.) CODIFICATION R.S. § 5294 derived from act Feb. 28, 1871, ch. 100. § 64, 16 Stat. 458. Section was formerly classified to section 642 of Title 18 prior to the general revision and reenactment of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, § 1, 62 Stat. 683. 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 officers and offices of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding such transfer of functions, the Coast Guard shall operate as part of the Navy in time of war or when the President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation. For transfer of functions of other officers, employees, and agencies of the Department of the Treasury, with certain exceptions, to the Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, 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. Functions of the Coast Guard, and the Commandant of the Coast Guard, were excepted from transfer when the Coast Guard is operating as part of the Navy under sections 1 and 3 of Title 14. "Commandant of the Coast Guard or the Commissioner of Customs, as the case may be," was substituted for "Secretary of Commerce," and references to the Secretary were changed to Commandant or Commissioner on authority of Reorg. Plan No. 3 of 1946, §§ 101-104, set out as a note under section 1 of this title. Upon incorporation of R.S. § 5294, as amended by acts Dec. 15, 1894, and Mar. 2, 1896, into the Code, the words "Secretary of Commerce" were substituted for "Secretary of the Treasury" to conform to acts Feb. 14, 1903, and Mar. 4, 1913. See note set out under section 2 of this title. ADMINISTRATIVE DELEGATION OF FUNCTIONS BY Administrative delegation of functions by Secretary of the Treasury, see note set out under section 1 of this title. CROSS REFERENCES Authority of the Commandant of the Coast Guard to remit penalties imposed for violations of regulations adopted for the movements of vessels in St. Mary's River, see section 474 of Title 33, Navigation and Navigable Waters, and note thereunder. Failure to report rebuilding of vessels outside United States, remission or mitigation of penalty under this section, see section 883a of this title. Fines subject to remission or mitigation by the Commissioner of Customs when the offense was not willfully committed, see section 320 of this title, and note thereunder. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 83k, 251a, 883-1 of this title. § 8. Refunding of penalties 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, or Coast Guard official, or consular officer, and application has been made within one year from such payment for the refunding or remission of the same, the Commandant of the Coast Guard or the Commissioner of Customs, as the case may be, 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. (June 26, 1884, ch. 121, § 26, 23 Stat. 59; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.) CODIFICATION Section was formerly classified to section 643 of Title 18 prior to the general revision and reenactment of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, § 1, 62 Stat. 683. TRANSFER OF FUNCTIONS All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in the Bureau of Customs of the Department of the Treasury to which appointments were required to be made by the President with the advice and consent of the Senate were ordered abolished with such offices to be terminated not later than December 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of the offices eliminated were already vested in the Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5. 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 officers and offices of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding such transfer of functions, the Coast Guard shall operate as part of the Navy in time of war or when the President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation. For transfer of functions of other officers, employees, and agencies of the Department of the Treasury, with certain exceptions, to the Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, 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. Functions of the Coast Guard, and the Commandant of the Coast Guard, were excepted from transfer when the Coast Guard is operating as part of the Navy under sections 1 and 3 of Title 14. "Coast Guard official" was inserted and "Commandant of the Coast Guard or the Commissioner of Cus toms, as the case may be," was substituted for "Secretary of Commerce" on authority of Reorg. Plan No. 3 of 1946, §§ 101-104, set out as a note under section 1 of this title. Upon incorporation of act June 26, 1884, into the Code, the words "Secretary of Commerce" were substituted for "Secretary of the Treasury" to conform to acts Feb. 14, 1903, and Mar. 4, 1913. See note set out under section 2 of this title. ADMINISTRATIVE DELEGATION OF FUNCTIONS BY Administrative delegation of functions by Secretary of the Treasury, see note set out under section 1 of this title. EFFECT OF OTHER LAWS Effective July 1, 1935, this section was affected by act June 26, 1934, ch. 756, § 18, 48 Stat. 1231. See section 1322 of Title 31, Money and Finance. § 9. Delegation of classification functions (a) Documentation inspections and examinations The original and periodic inspections or examinations of a vessel documented or to be documented as a vessel of the United States, both in the United States and in foreign countries, may be delegated to the maximum extent practicable by the Secretary of the department in which the Coast Guard is operating to the American Bureau of Shipping, or similar American classification society, or agent thereof, who may issue certificates of inspection, at testing to compliance with existing Coast Guard regulations, and such other certificates as are essential to documentation. (b) Review and approval of hull, machinery, piping, and electrical plans The Secretary of the department in which the Coast Guard is operating may also contract or enter into agreements with or utilize the American Bureau of Shipping, or similar American classification society for the review and approval of vessel hull, machinery, piping, and electrical plans. (c) Report on delegation of classification functions The Secretary of the department in which the Coast Guard is operating shall report to the Congress on the implementation of subsections (a) and (b) of this section within 6 months of December 29, 1981, and annually thereafter for 3 years. Such report shall include the views of the affected industry on the implementation of those subsections. (d) Information derived from inspections and examinations; period of retention following cessation of certification; access to marine inspectors In any case in which an inspection or examination is delegated under subsection (a) of this section to the American Bureau of Shipping, or similar American classification society, or agent thereof, such Bureau, society, or agent, as the case may be, shall maintain within the United States complete files of all information derived from or necessarily connected with such inspection or examination for not less than two years after the vessel with respect to which the inspection or examination is made ceases to be certificated and shall permit access to such files 65m. Coastwise license; issuance; employment. Great Lakes license; issuance; employment. Fishery license; issuance; employment. Pleasure vessel license. (a) Issuance. CROSS REFERENCES Corporation meeting certain conditions deemed citizen for purposes of the laws relating to documentation of vessels, see section 883-1 of this title. SUBCHAPTER I-GENERAL PROVISIONS §§ 11, 12. Repealed. Pub. L. 96-594, title I, § 127, Dec. 24, 1980, 94 Stat. 3459 Section 11, R.S. § 4132; Aug. 24, 1912, ch. 390, § 5, 37 Stat. 562; Aug. 18, 1914, ch. 256, § 1, 38 Stat. 698; Sept. 21, 1922, ch. 356, § 321, 42 Stat. 947; June 30, 1932, ch. 314, § 501, 47 Stat. 415; May 27, 1936, ch. 463, § 1, 49 Stat. 1380; May 24, 1938, ch. 265, 52 Stat. 437; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; § 8. Refunding of penalties 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, or Coast Guard official, or consular officer, and application has been made within one year from such payment for the refunding or remission of the same, the Commandant of the Coast Guard or the Commissioner of Customs, as the case may be, 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. (June 26, 1884, ch. 121, § 26, 23 Stat. 59; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.) CODIFICATION Section was formerly classified to section 643 of Title 18 prior to the general revision and reenactment of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, § 1, 62 Stat. 683. TRANSFER OF FUNCTIONS All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in the Bureau of Customs of the Department of the Treasury to which appointments were required to be made by the President with the advice and consent of the Senate were ordered abolished with such offices to be terminated not later than December 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of the offices eliminated were already vested in the Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5. 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 officers and offices of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding such transfer of functions, the Coast Guard shall operate as part of the Navy in time of war or when the President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation. For transfer of functions of other officers, employ ees, and agencies of the Department of the Treasury, with certain exceptions, to the Secretary of the Treas ury with power to delegate, see Reorg Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 4935, 64 8 1280, 1281, set out in the Appendi ment Organization and Employee of Customs, referred to in this the Treasury Department Guard, and the Command were excepted from tran operating as part of the Title 14. |