Page:United States Statutes at Large Volume 49 Part 1.djvu/1428

 74m C ONGRESS. SESS. II. CH. 463. MAY 27, 1936 . 1 383 docume nts, and any other evidence. Attendance of witne sses o r Attendance of wit- the production of books, papers, documents, or any other evidence nesses, etc' shall be compelled by a similar process as in the United States District Court. The chairman of each of said boards shall administer all necessary oaths to any witnesses summoned before said boards. " (f) The disbursing clerk, Department of Commerce, shall pay, Fe es allowed . on properly certified vouchers, such fees to any witness summoned cinder su bsection (e) o f this sectio n, for his ac tual travel an d attend- ance, as shall be officially certified to by the chairman of the board conducting the investigation, not exceeding the rate allowed for fees and to witnesses for travel and attendance in any District Court of the United States . " (g) In any i nvestiga tion of acts of incompet ency or miscondu ct Notice to acc used. or of any act in violation of the provisions of this title, or of any of the regulations issued thereunder, committed by any licensed officer or a ny holder of a certificate of service, t he person whos e con- duct is under investigation shall be given reasonable notice of the time, place, and subject of such investigation and an opportunity to be heard in his own defense. The whole record of the testimony Det ermi nati on of received by the board conducting such investigation and the findings guilt bre Director. and re commenda tions of such bo ard shal l be for warded t o the Di rec- tor of the Burea u of Marine Inspe ction and N avigat ion, a nd if that officer shall find that such licensed officer or holder of certificate of service is incompetent or has been guilty of misbehavior, negli- gence, or unsk illfulne ss, or h as endan gered li fe, or h as willf ully violated any of the provisions of this title or any of the regulations Suspensio n or revo. issued thereunder, he shall, in a written order reciting said findings, cation of license. suspend or revoke the license or certificate of service of such officer or holder of such certificate. The person whose license or certificate Appeal to Secretarre of Commerce . of ser vice is revoked may with in thirt y days a ppeal fr om the o rder of the said Director to the Secretary of Commerce. On such appeal the appellant shall be allowed to be represented by counsel. The Powers of Secretary. Secret ary of C ommerce may alte r or mod ify any finding of the b oard which conducte d the in vestigat ion or of the Di rector of the Bu reau of Marine Inspection and Navigation, but the decision of the Secre- tary of Commerce shall be based solely on the testimony received by the said board and shall recite the findings of fact on which it is based. cc (h) If th e Dir ector of the Burea u of Marine Inspe ction and Criminal liabilitre. Findings snbmis. Navigation shall find evidence of criminal liability on the part of sion of, to secretarre. any licensed officer or holder of a certificate of service, he shall submit such findings to the Secretary of Commerce who, if he be satisfied that such criminal liability exists, shall refer all of the Prosecution. evidence and the findings in such investigation to the Attorney General for investigation by and prosecution through the Federal district attorney of the district having jurisdiction, under the pro- visions of the Criminal Code. Nothing in this section shall be investigations and pros ecutions bre Fed. construed as prohibiting the Federal district attorney from con- eras district attorne r es. ductin g a crim inal inv estigati on or pr osecutio n in con nection with a ship ping cas ualty. " i An attempt, to coerce any witnesses, or to induce them to At tem pt to c oer ce, Any > etc ., witnesses; punish- testify falsely in connection with a shipping casualty, or to induce ment . them to leave the jurisdiction of the United States, shall be punish- able by a fine of $5,000 or imprisonment for one year, or both such fine and imprisonment . Any person making such attempts shall be Prosecution . prosec uted by the Fede ral dist rict att orney of the dis trict ha ving jurisdiction . Administrative regu- 11 (j) The Secretary of Commerce shall make such regulations as r ati ons, may be necessary to secure the proper administration of this section ."