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105. Reports of traveling expenses of officers and employees United States or the municipal government of the District of at Washington.- [Repealed in part.]

The section was repealed in part by Act May 29, 1928, c. 901, § 1, 45 Stat. 986, 995, which provides, "That the following reports and statements now required by law to be made to Congress are hereby discontinued, and all Acts or parts of Acts herein cited as requiring the submission of such statements and reports are hereby repealed to the extent of such requirement : 4. Report of travel on official business from Washington to points outside of the District of Columbia. (Statutes at Large, volume 35, part 1, page 244; title 5, section 105, United States Code.)

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"118. A detailed report of the officers or employees of the Library of Congress who have traveled on official business from Washington to points outside of the District of Columbia, and so forth. (Statutes at Large, volume 35, part 1, page 244.)"

For title of Act see note to § 104.

105a. Information furnished Committees of Congress on request.-Every executive department and independent establish ment of the Government shall, upon request of the Committee on Expenditures in the Executive Departments of the House of Representatives, or of any seven members thereof, or upon request of the Committee on Expenditures in the Executive Departments of the Senate, or any five members thereof, furnish any information requested of it relating to any matter within the jurisdiction of said committee. (May 29, 1928, c. 901, § 2, 45 Stat. 996.)

For title of Act see note to § 104.

★107. Department reports; furnishing to printer.

This section is obsolete. See § 108 of this title.

★116. Medals for services; duplicates on loss or destruction.The word "heretofore " was included in the original provision after the word "has" in line 2 of this section.

Columbia may be paid in advance from appropriations available therefor, notwithstanding the provisions of section 529 of Title 31. (June 12, 1930, c. 470, 46 Stat. 580.)

For title of Act see note to § 118a.

EX OFFICIO COMMISSIONER FOR ALASKA REPRESENTING DEPARTMENTS OF INTERIOR, AGRICULTURE AND COMMERCE

119. Designation of Commissioners; residence. The Secretaries of the Departments of the Interior, Agriculture, and Commerce be, and they are hereby, authorized and empowered, each for his own department, to designate an employee thereof, employed in and residing in Alaska, who shall be styled ex officio Commissioner for Alaska for the department from which he is selected and who, from the date of his designation, shall reside and maintain an office in the capital of Alaska. (Feb. 10, 1927, c. 102, § 1, 44 Stat. 1068.)

The Act cited to the text was entitled "An Act authorizing the designation of an ex officio Commission for Alaska for each of the executive departments of the United States, and for other purposes."

The Act of Feb. 10, 1927, just mentioned, contained a section of a temporary nature as follows: "Sec. 6. That the Secretary of the Interior be, and he is hereby, directed to make an examination as to the feasibility and propriety of consolidating into a single force the police and law enforcement agencies of the Federal Government in Alaska, and to report to the next session of the Congress his conclusions with reference thereto and the facts upon which they are based, together with a statement of the cost of such consolidation as compared with present expenditures for law enforcement in that Territory."

120. Powers of Commissioners. Each of said Secretaries

118. Expenditures for telegraph and telephone communica- | shall delegate and assign to the commissioner representing his tion. The head of any department or establishment of the Gov-department general charge of any or all matters in Alaska administration, and with the concurrence of all the Secretaries | Governor of each State or Territory, 4 copies for the library of of the respective departments involved, place under the super- the Department of the Interior, and the remainder of said 1,950 vision and direction of one of the three ex officio commission- | shall be for the use of the Department of State, and a sufficient ers provided for in section 119 of this title, and subject to the provisions of section 120 of this title, any governmental activity relating to Alaska provided for by law now under the direction of the Secretaries named in section 119 of this title, and to trans- | this title, salaries for personnel, printing and binding, contin

ernment, in his discretion, may transfer in advance to the Signal Corps of the Army, from appropriations available for the transmission of messages such amounts as may be necessary to defray the expense of transmitting messages turned over by him to that corps, including the payment of toll charges of commercial carriers, the leasing of facilities required for transmitting messages, and the installation and maintenance of such facilities. (Apr. 15, 1926, с. 146, 44 Stat. 267.)

The Act cited to the text is the War Department Appropriation

Act.

118a. Civilian officers and employees having permanent station in foreign countries; living quarters including heat, fuel and light; allowances in lieu thereof. Under such regulations as the heads of the respective departments concerned may prescribe and the President approve, civilian officers and employees of the Government having permanent station in a foreign country may be furnished, without cost to them, living quarters, including heat, fuel, and light, in Government-owned or rented buildings and, where such quarters are not available, may be granted an allowance for living quarters, including heat, fuel, and light, notwithstanding the provisions of section 70 of this title: Provided, That said rented quarters or allowances in lieu thereof may be furnished only within the limits of such appropriations as may be made therefor, which appropriations are hereby authorized: Provided further, That the provisions of this section shall apply only to those civilian officers and employees who are citizens of the United States. (June 26, 1930, c. 622, 46 Stat. 818.)

The Act cited to the text was entitled "An Act to provide living quarters, including heat, fuel, and light, for civilian officers and employees of the Government stationed in foreign countries."

118b. Subscription charges for newspapers, magazines, and other periodicals for official use; payment in advance. Subscription charges for newspapers, magazines, and other periodicals for official use of any office under the Government of the

under the jurisdiction of such department, or of any bureau or agency thereof, to the extent, in the manner, and subject to such supervision and control as the Secretary may deem proper and expedient. (Feb. 10, 1927, c. 102, § 2, 44 Stat. 1068.)

See note to § 119.

121. Personnel under Commissioners. To the extent the respective Secretaries may determine, employees of the departments affected by sections 119 to 123 of this title who are stationed in Alaska shall be placed under the direct supervision and control of the ex officio commissioner for his department, herein provided for, together with any additional force which may be detailed by the Secretary of the Interior, Agriculture, or Commerce, from the personnel of his department, should necessity therefor arise; but nothing herein contained shall be construed to authorize the employment of any additional personnel or to warrant the transfer of any clerk or other employee from one department to another, except in the manner provided by law. (Feb. 10, 1927, с. 102, § 3, 44 Stat. 1068.)

See note to § 119.

122. Transfer of records, property and unexpended balances of appropriations. -The Secretaries named in section 119 of this title may transfer to the officer designated hereunder as his representative the records or transcripts of records, property (including office and field equipment), and unexpended balances of appropriations which they may deem necessary or proper to transfer to Alaska in order to carry into effect the provisions of sections 119 to 123 of this title. (Feb. 10, 1927, с. 102, § 4, 44 Stat. 1068.)

See note to § 119.

123. Additional powers conferred on Commissioners by order of President; construction and maintenance of roads. The President of the United States may, by order in writing, should he deem it conductive [conducive] to economical and effective number of copies for distribution by the Superintendent of Documents to depository libraries, and for all other purposes relevant to the carrying out of the provisions of section 168 of

gent expenses and traveling expenses, there is hereby authorized to be appropriated, out of the money in the Treasury not otherwise appropriated, not more than the sum of $125,000, and under

fer to the officer so selected, the necessary personnel, records, or transcripts of records, property (including office and field equipment), and unexpended balances of appropriations: Provided, That the charge and control of all matters relating | this authorization not more than $50,000 shall be appropriated

for any one year. (Mar. 3, 1925, с. 419, § 3, as added Feb. 28, 1929, c. 385, 45 Stat. 1412.)

to the construction and maintenance of roads in Alaska which may now be under the jurisdiction of any other department, bureau, or agency of the Government, together with the records or transcripts thereof, the property including field and office equipment and the unexpended balances of appropriations pertaining thereto, may, with the concurrence of the Secretaries of the respective departments involved, be assigned and transferred to the Board of Road Commissioners for Alaska, created | spent and the annual salaries of the clerks employed, shall be

by and in pursuance of the provisions of section 321 of Title 48. (Feb. 10, 1927, с. 102, § 5, 44 Stat. 1068.)

See note to § 119.

Chapter 2.-DEPARTMENT OF STATE.

Section 154. Distribution of duties of officers, clerks, and employees.—

"The Undersecretary of State" does not appear in the Act from which this section was derived.

★158. Custody of seals and property.

"were" should be read into line 5 of this section after "or."

168b. Same; copy reading and index making incident to publication of papers. The work of copy reading and index making for this publication shall be done by the regular editorial staff of the Department of State, and the cost of this work (prorated each month according to the number of hours

charged against such annual appropriations as may be made under the provisions of section 168a of this title. (Mar. 3, 1925, c. 419, § 4, as added Feb. 28, 1929, с. 385, 45 Stat. 1413.)

169. Procurement of information for corporations, firms and individuals; expense of cablegrams and telephone service involved; appropriation. Wherever the Secretary of State, in his discretion, procures information on behalf of corporations, firms, and individuals, the expense of cablegrams and telephone service involved may be charged against the respective appropriations for the service utilized and reimbursement therefor shall be required from those for whom the information was pro

163. Reports of information relating to commerce.- [Re- | cured, and, when made, be credited to the appropriation under pealed in part.]

This section was repealed in part by Act May 29, 1928, с. 901, § 1, 45 Stat. 986, 987 which provides, "That the following reports and statements now required by law to be made to Congress are hereby discontinued, and all Acts or parts of Acts herein cited as requiring the submission of such statements and reports are hereby repealed to the extent of such requirement: 12. A full list of all consular officers. (Revised Statutes, section 208, page 33; title 5, section 163, United States Code.)

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"13. Report of any rates or tariffs of fees to be received by diplomatic or consular officers, which may have been prescribed by the President during the preceding year. (Revised Statutes, section 208, page 33; title 5, section 163, United States Code.)

"14. A statement of the names of any consular officers, not citizens of the United States, to whom salaries have been paid during the year preceding, together with the circumstances under which they were appointed. (Revised Statutes, section 208, page 33; title 5, section 163, United States Code)"

For title of Act see note to § 104.

168. Same; issuance of papers as Government publication.The Secretary of State is ordered to continue the work of collecting, copying, arranging, and editing of the official papers relating to the Territories of the United States and to have them issued as a Government publication. (As amended Feb. 28, 1929, с. 385, 45 Stat. 1412.)

168a. Same; expense of publication of papers; appropriation; employment of historical experts; printing and distribution. For defraying the expenses to be incurred in carrying out the provisions of section 168 of this title, including the employment, either in or outside of the District of Columbia, of not to exceed five historical experts, especially informed on the various phases of the territorial history of the United States, without regard to sections 661 to 674 of this title and the civil service rules, and for the printing and binding of an edition of 1,950 copies for the Department of State, of which 6 copies shall be delivered to each Senator and 2 copies to each Representative, and 8 copies for each State or Territory to be distributed to historical associations, commissions, museums or libraries and to other nondepository libraries therein designated by the

which the expenditure was charged. (Apr. 18, 1930, с. 184, Title I, § 1, 46 Stat, 174.)

The Act cited to the text is the State, etc., Departments Appropriation Act.

Chapter 3.-DEPARTMENT OF WAR.

Section 182a. Additional Assistant Secretary of War; aeronautic duties. To aid the Secretary of War in fostering military aeronautics, and to perform such functions as the Secretary may direct, there shall be an additional Assistant Secretary of War who shall be appointed by the President, by and with the advice and consent of the Senate, and whose compensation shall be fixed in accordance with sections 661 to 674 of this title. (July 2, 1926, c. 721, § 9, 44 Stat. 784.)

The Act cited to the text was entitled, "An Act to provide more effectively for the national defense by increasing the efficiency of the Air Corps of the Army of the United States and for other purposes." The section was preceded by these words: "That section 5a of the National Defense Act, as amended, be, and the same is hereby, amended by adding at the end of said section 5a the following:" (Then followed the matter constituting the text.) 185. Assistant and chief clerk; duties.

It is the opinion of the War Department that the last sentence in this section should be omitted as it came from an Appropriation Act enacted May 10, 1916, с. 117, 39 Stat. 90, and appeared annually in Appropriation Acts down to Act Mar. 2, 1923, с. 178, 42 Stat. 1377. It is therefore considered temporary legislation.

This section is made up in part of R. S. § 215, as amended by Act Feb. 27, 1877, с. 69, § 1, 19 Stat. 241. That part as amended reads in the Statutes at Large as follows: "There shall be in the said Department an inferior officer, to be appointed by the said principal officer to be employed therein as he shall deem proper, and to be called the Chief Clerk in the Department of War." In Act Mar. 4, 1909, с. 297, 35 Stat. 87 (an Appropriation Act) there appeared an appropriation for the salary of the "Assistant and Chief Clerk" and this provision appeared annually for many years. Now that officer receives his salary from a lump sum appropriation for the office of the Secretary of War. The War Department, commenting on these various statutes, says: "So much of the basic law as makes the Assistant and Chief Clerk an officer, as distinguished from an employee, has never been repealed, and it

should, in my opinion, be inserted in the Code. Conceding that | ★ 214. Equipment for Metropolitan Police.-
it was the intention and effect of the provisions of the Act of
March 4, 1909 (35 Stat. 877), to change the title of this officer,
section 185 of Title 5, should in my opinion, read as follows:

'There shall be in the Department of War an inferior officer, to be appointed by the Secretary of War to be employed therein as he shall deem proper, and to be called the Assistant and Chief Clerk in the Department of War.”

★189. Assignment of clerks and employees to duty in War Department.

It is the opinion of the War Department that this section is not permanent legislation and should be omitted from the Code. It comes from a provision in a War Department Appropriation Act and is repeated from year to year.

★192. Record and Pension Office of War Department; chief; pay, rank, and allowances; charge of military and hospital records, etc.

The War Department recommends that this section be omitted from the Code as obsolete since the office to which it refers has been abolished. As authority for this opinion see Acts Apr. 23, 1904, с. 1485, 33 Stat. 262, and Mar. 2, 1907, с. 2511, 34 Stat. 1158.

The War Department recommends the omission of this section as temporary legislation.

217. Reports of Secretary of War; bids for works.- [Re

pealed.]

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This section was repealed by Act May 29, 1928, c. 901, § 1, 45 Stat. 986, 988, which provides, "That the following reports and statements now required by law to be made to Congress are hereby discontinued, and all Acts or parts of Acts herein cited as requiring the submission of such statements and reports are hereby repealed to the extent of such requirement: 26. Report by the Secretary of War of all bids, with the names of the bidders, received in response to invitations for proposals for any (Engineer Department) works or for any materials or labor for any (Engineer Department) works. (Revised Statutes, section 230, page 37; Statutes at Large, volume 14, page 73; title 5, section 217, United States Code.)"

For title of Act see note to § 104.

219. War Department contracts; writing and signing.Whenever contracts in excess of $500 in amount which are not to be performed within sixty days are made on behalf of the Government by the Secretary of War, or by officers authorized

★193. Same; military records of Revolution and of War of by him to make them, such contracts shall be reduced to writing 1812.

"Adjutant General's" should be substituted for “Record and Pension" in line 4 of this section by virtue of Acts Apr. 23, 1904, c. 1485, 33 Stat. 262, and Mar. 2, 1907, с. 2511, 34 Stat. 1158.

★194. Same; military records of wars prior to Civil War.

"Adjutant General's" should be substituted for "Record and Pension" in line 5 of this section by virtue of Acts Apr. 23, 1904, c. 1485, 33 Stat. 262, and Mar. 2, 1907, с. 2511, 34 Stat. 1158.

★195. Same; roster of Union and Confederate Armies.

"Adjutant General" should be substituted for "Chief of the Record and Pension Office" in lines 2 and 3 of this section by virtue of Acts Apr. 23, 1904, с. 1485, 33 Stat. 262, and Mar. 2, 1907, с. 2511, 34 Stat. 1158.

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204. Distribution of captured war devices and trophies; basis of distribution; notice to States, etc.-* point of storage: Provided, That the Secretary of War is authorized to apportion and distribute such war devices and trophies, formerly contemplated by the said reports heretofore compiled as unsuitable for distribution as trophies, as he deems suitable for distribution and to include the Canal Zone in such apportionment and distribution. (As amended May 22, 1926, с. 362, 44 Stat. 615.)

The amendment added the proviso, set out above, at end of section.

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205. Same; shipments; how made.-* transportation thereof: Provided, That if the chief executive or the commissioners of any State, Territory, possession, or District shall not, on or before July 1, 1927, file with the Secretary of War such acceptance and agreement, such apportionment, or any part thereof, shall be reapportioned and redistributed to the several States, Territories, and possessions of the United States, the District of Columbia, and the Canal Zone as the Secretary of War shall determine, and any residue not accepted or rejected on or before July 1, 1928, shall be sold as surplus property as it then is and where it then is, or shall be destroyed, all as the Secretary of War, in his discretion, shall determine; war devices and trophies considered by the Secretary, of War as unsuitable for distribution under sections 203 to 204, 206 and 207 of this title, may be sold, or otherwise disposed of. (As amended May 22, 1926, c. 362, 44 Stat. 615.)

The amendment affected that part of the section set out above. ★209. Same; duties of General Accounting Office.—

The War Department recommends the omission of this section as temporary legislation.

★211. Sale of surplus motor trucks and automobiles.—

“prior to July 11, 1919," should be read into line 2 of this section after "authorized."

and signed by the contracting parties. In all other cases con-
tracts shall be entered into under such regulations as may be
prescribed by the Secretary of War. (May 29, 1928, с. 900, 45
Stat. 985; June 21, 1930, с. 567, 46 Stat. 796.)
Chapter 4. - DEPARTMENT OF TREASURY.

★Section 249. Chief clerk and superintendent to be chief executive officer of department.

The words "and superintendent of the Treasury Department" in lines 2 and 3 of this section are not contained in the original text. This section should be omitted from the Code as it is temporary legislation repeated from year to year in Appropriation Acts.

249a. Special assistant to Secretary; salary. The salary of the Special Assistant to the Secretary of the Treasury in matters of legislation, so long as the position is held by the present incumbent, shall be at the rate of $10,000 a year. (Mar. 10, 1928, c. 167, § 23 (b), 45 Stat. 279.)

The Act cited to the text was entitled "An Act to provide for the settlement of certain claims of American nationals against Germany, Austria, and Hungary, and of nationals of Germany, Austria, and Hungary, against the United States, and for the ultimate return of all property held by the Alien Property Custodian."

251. Government actuary; salary. The salary of the Government actuary, so long as the position is held by the present incumbent, shall be at the rate of $10,000 a year. (As amended Feb. 26, 1926, c. 27, Title XII, § 1206, 44 Stat. 129.)

The Act cited to the text was entitled "An Act to reduce and equalize taxation, to provide revenue, and for other purposes." BUREAUS OF CUSTOMS AND PROHIBITION

281. Establishment of bureaus; commissioners; appointment and salaries. There shall be in the Department of the Treasury a bureau to be known as the Bureau of Customs, a bureau to be known as the Bureau of Prohibition, a Commissioner of Customs, and a Commissioner of Prohibition. The Commissioner of Customs shall be at the head of the Bureau of Customs, and the Commissioner of Prohibition shall be at the head of the Bureau of Prohibition. The Commissioner of Customs and the Commissioner of Prohibition shall be appointed by the Secretary of the Treasury, without regard to the civil service laws, and each shall receive a salary at the rate of $8,000 per annum. (Mar. 3, 1927, с. 348, § 1, 44 Stat. 1381.)

The Act cited to the text was entitled "An Act to create a Bureau of Customs and a Bureau of Prohibition in the Department of the Treasury."

Section 7 of Act Mar. 3, 1927, provides as follows: "This Act shall take effect on April 1, 1927."

The salary of the Commissioner of Customs provided for in this section was increased to $10,000 per annum by Act July 3, 1930,

c. 855, 46 Stat. 1009, reading as follows: "The Commissioner of Customs shall receive a salary at the rate of $10,000 per annum, effective on and after the date of the enactment of this Act."

This section and §§ 281a to 281e, inclusive, so far as they relate to the Bureau of Prohibition, have been superseded by the Prohibition Reorganization Act of 1930, constituting chapter 5 of Title 27. That chapter creates in the Department of Justice a Bureau of Prohibition, superseding the Bureau of Prohibition established in the Treasury Department by this section.

The Bureau of Narcotics, established by § 282 of this title, now exercises by virtue of § 282b, functions formerly exercised by the Bureau of Prohibition in the Treasury Department under § 281c.

281a. Assistant commissioners and other officers and employees; duties of personnel.-(a) The Secretary of the Treasury is authorized to appoint, in each of the bureaus established by section 281 of this title, one assistant commissioner, two deputy commissioners, one chief clerk, and such attorneys and other officers and employees as he may deem necessary. One of the deputy commissioners of the Bureau of Customs shall have charge of investigations. Appointments under this subdivision shall be subject to the provisions of the civil service laws, and the salaries shall be fixed in accordance with sections 661 to 674 of this title.

(b) The Secretary of the Treasury is authorized to designate an officer of the Bureau of Customs to act as Commissioner of Customs, during the absence or disability of the Commissioner of Customs, or in the event that there is no Commissioner of Customs; and to designate an officer of the Bureau of Prohibition to act as Commissioner of Prohibition during the absence or disability of the Commissioner of Prohibition, or in the event that there is no Commissioner of Prohibition.

(c) The personnel of the Bureau of Prohibition shall perform such duties as the Secretary of the Treasury or the Commissioner of Prohibition may prescribe, and the personnel of

(b) The Secretary of the Treasury is authorized to confer or impose any of such rights, privileges, powers, and duties upon the Commissioner of Prohibition, or any of the officers or employees of the Bureau of Prohibition, and to confer or impose upon the Commissioner of Internal Revenue, or any of the officers or employees of the Bureau of Internal Revenue, any of such rights, privileges, powers, and duties which, in the opinion of the Secretary, may be necessary in connection with internal revenue taxes. (Mar. 3, 1927, с. 348, § 4, 44 Stat. 1382.)

See note to § 281.

281d. Bureau of Prohibition; transfer of records, etc.; employees in field service.- (a) The Secretary of the Treasury is authorized to transfer to the Bureau of Prohibition such records, property (including office equipment), and personnel of the office of the Commissioner of Internal Revenue as may be necessary for the exercise by the Bureau of Prohibition of the functions vested in it.

(b) The Commissioner of Prohibition, with the approval of the Secretary of the Treasury, is authorized to appoint in the Bureau of Prohibition such employees in the field service as he may deem necessary, but all appointments of such employees shall be made subject to the provisions of the civil service laws, notwithstanding the provisions of section 61 of Title 27. The term of office of any person who is transferred, under this section, to the Bureau of Prohibition, and who was not appointed subject to the provisions of the civil service laws, shall expire upon the expiration of six months from April 1, 1927. (Mar. 3, 1927, с. 348, § 5, 44 Stat. 1382.)

See note to § 281.

281e. Review by court of equity of acts of Secretary of

the Bureau of Customs shall perform such duties (other than Treasury and other officers affecting intoxicants. Any action

duties in connection with the administration of Title 27, or any other law relating to the enforcement of the eighteenth amendment), as the Secretary of the Treasury or the Commissioner of Customs may prescribe. (Mar. 3, 1927, с. 348, § 2, 44 Stat. 1381.)

See note to § 281.

281b. Bureau of Customs; duties of commissioner and officers; transfer of records, etc., of Division of Customs; Division abolished.- (a) The Secretary of the Treasury is authorized to confer or impose upon the Commissioner of Customs or any of the officers of the Bureau of Customs any of the rights, privileges, powers, or duties, in respect of the importation or entry of merchandise into, or exportation of merchandise from, the United States, vested in or imposed upon the Secretary of the Treasury by chapter 3 of Title 19 or any other law.

(b) The records, property (including office equipment), and personnel of the Division of Customs are hereby transferred to the Bureau of Customs.

(c) The Division of Customs and the offices of director of customs, assistant directors of customs, and director and assistant directors, Special Agency Service of the Customs, are hereby abolished. (Mar. 3, 1927, с. 348, § 3, 44 Stat. 1382.)

See note to § 281.

281c. Intoxicating liquors and narcotic drugs; transfer of control to Secretary of Treasury; powers and duties of Prohibition Bureau.-(a) The rights, privileges, powers, and duties conferred or imposed upon the Commissioner of Internal Revenue and his assistants, agents, and inspectors, by any law in respect of the taxation, importation, exportation, transportation, manufacture, production, compounding, sale, exchange, dispensing, giving away, possession, or use of beverages, intoxicating liquors, or narcotic drugs, or by Title 27, or any other law relating to the enforcement of the eighteenth amendment, are hereby transferred to, and conferred and imposed upon, the Secretary of the Treasury.

or decision of the Secretary of the Treasury under Title 27, or of any officer upon whom the power to take such action or make such decision is conferred, shall be subject to the same review by a court of equity as the action or decision of the Commissioner of Internal Revenue under such title, prior to April 1, 1927. (Mar. 3, 1927, с. 348, § 6, 44 Stat. 1383.)

See note to § 281.

281f. Additional deputy commissioner of customs. The Secretary of the Treasury is authorized to appoint, in accordance with the civil service laws, a deputy commissioner in the Bureau of Customs, in addition to the deputy commissioners now authorized by law. (June 17, 1930, c. 497, Title IV, § 650, 46 Stat. 762.)

Section 650 of Act June 17, 1930, c. 497, cited to the text, took effect June 18, 1930.

BUREAU OF NARCOTICS

For provisions relating to the importation and exportation of narcotic drugs, see chapter 6 of Title 21 and cross references thereunder.

282. Establishment of bureau; commissioner; appointment; salary; annual report.—There shall be in the Department of the Treasury a bureau to be known as the Bureau of Narcotics and a Commissioner of Narcotics who shall be at the head thereof. The Commissioner of Narcotics shall be appointed by the President, by and with the advice and consent of the Senate, and shall receive a salary at the rate of $9,000 per annum. The commissioner shall make an annual report to Congress. (June 14, 1930, с. 488, § 1, 46 Stat. 585.)

Section 9 of Act June 14, 1930, с. 488, 46 Stat. 587, provided as follows: "This Act shall take effect upon the expiration of thirty days after the date of its enactment."

It was amended by Act June 26, 1930, с. 623, § 2, 46 Stat. 819, to read as follows: "This Act shall take effect on July 1, 1930." 282a. (a) Deputy commissioner, officers and employees; appointment; salaries; acting commissioner. The Secretary of the Treasury is authorized to appoint, without regard to the civil

service laws, one deputy commissioner and, in accordance with the civil service laws, such other officers and employees as he deems necessary to execute the functions vested in such bureau. The salaries of the deputy commissioner and of such officers and employees shall be fixed in accordance with chapter 13 of this title. The deputy commissioner shall act as Commissioner of Narcotics during the absence or disability of such commissioner, or in the event that there is no commissioner. In case of the absence or disability of the commissioner and the deputy commissioner, or in the event that there is no commissioner and deputy commissioner, the Secretary of the Treasury is authorized to designate an officer or employee of the Treasury Department to act as Commissioner of Narcotics.

(b) Officers and employees; duties; authority to act as customs officers. In order to aid in the detection and prevention

been enacted or until modified, superseded, or repealed by the Commissioner of Narcotics, with the approval of the Secretary of the Treasury.

(f) Proceedings, investigations and other matters pending on July 1, 1930. All proceedings, investigations, and other matters pending in or before the Bureau of Prohibition or the Federal Narcotics Control Board in respect of the administration or enforcement of any laws relating to narcotic drugs shall be continued and brought to final determination before the Bureau of Narcotics. (June 14, 1930, с. 488, § 3, 46 Stat. 586.)

For effective date of Act June 14, 1930, cited to the text, see note to § 282.

282c. Review of decisions of Commissioner of Narcotics by Secretary of Treasury.-Any person, corporation, association, or partnership aggrieved by any order, rule, or decision of the

of the unlawful importation of narcotic drugs into the United | Commissioner of Narcotics, or by his failure to rule upon or

States, and under such regulations as the Secretary of the Treasury may prescribe, the Commissioner of Narcotics may confer or impose upon such officers and employees of the Bureau of Narcotics, as he may designate any of the rights, privileges, powers, or duties of customs officers and employees, and may assign any of such officers and employees of the Bureau of Narcotics to duty at ports of entry or other places specified by such commissioner. (June 14, 1930, с. 488, § 2, 46 Stat. 585, as amended June 26, 1930, с. 623, § 1, 46 Stat. 819.)

Subdivision (b) was "amended by striking out the word 'specific' and inserting in lieu thereof the word 'specified.'" For effective date of Act June 14, 1930, cited to the text, see note to § 282.

decide any matter presented to him by proper application, may appeal therefrom to the Secretary of the Treasury, under such regulations as he may prescribe, who may affirm, reverse, or modify such action or direct such action to be taken as he may deem equitable and just. (June 14, 1930, с. 488, § 5, 46 Stat. 587.)

For effective date of Act June 14, 1930, cited to the text, see note to § 282.

Chapter 5.-DEPARTMENT OF JUSTICE.

For Prohibition Reorganization Act of 1930, establishing in the Department of Justice a Bureau of Prohibition, see chapter 5 of Title 27.

282b. (a) Federal Narcotics Control Board; abolishment; ★ Section 295. Assistant Attorneys General.

transfer of powers to Commissioner of Narcotics. The Federal Narcotics Control Board established by section 172 of Title 21,

is abolished, and all the authority, powers, and functions exercised by such board are hereby transferred to and shall be vested in and exercised and performed by the Commissioner of Narcotics.

(b) Exercise by commissioner and officers and employees of bureau of duties in respect of narcotic drugs enumerated in section 281c of this title. The Secretary of the Treasury is authorized to confer or impose any of the rights, privileges, powers, and duties in respect of narcotic drugs enumerated in subdivision (a) of section 281c of this title, upon the Commissioner of Narcotics, or any officer or employee of the Bureau of Narcotics.

(c) Transfer to bureau of personnel, records and property of Bureau of Prohibition relating to narcotics. -The Secretary of the Treasury is authorized to transfer to the Bureau of Narcotics such attorneys and other officers and employees of the Bureau of Prohibition, except the deputy commissioner in charge of narcotics (whose office is hereby abolished), the deputy commissioner in charge of prohibition, the Commissioner of Prohibition, and the assistant commissioner, together with such records and property (including office equipment), as may be necessary for the exercise by the Bureau of Narcotics of the functions vested in it.

(d) Appropriations available. All unexpended balances of appropriations under the control of the Bureau of Prohibition for the enforcement of any laws relating to narcotic drugs and available on July 1, 1930, shall be available for expenditure by the Bureau of Narcotics in the same manner and to the same extent as if the Bureau of Narcotics has been directly named in the laws making such appropriations.

(e) Orders, rules and regulations. All orders, rules, and regulations in respect of any laws relating to narcotic drugs which have been issued by the Commissioner of Prohibition or the Federal Narcotics Control Board and which are in effect on July 1, 1930, shall, after such date, continue in effect as though this section and sections 282a and 282c of this title had not

The words "Each of them is entitled to a salary of $7,500 a year appearing in this section as the last sentence should be omitted as salaries of Assistant Attorneys General are now governed by the Classification Act of 1923 (chapter 13 of this title). The last two citations to this section should therefore be omitted as they are the authorities for the provision that Assistant Attorneys General are entitled to $7,500 a year.

There is statutory authority for the appointment of six Assistant Attorneys General, but only for the appointment of four Assistant Attorneys General by the President by and with the advice and consent of the Senate. The laws of Congress are silent as to the method of appointment of the other two, though as a matter of fact, they have been appointed by the President and confirmed by the Senate by virtue of Const. Art. II, § 2.

There should be added to the citations at the end of this section, Act Mar. 3, 1903, с. 1006, 32 Stat. 1062; Act Mar. 4, 1915, с. 141, §§ 1, 6, 38 Stat. 1038, 1049. The latter Act specifically established the six Assistant Attorney Generalships.

★ 296. Assistant Attorney General in charge of customs matters; deputy; special attorneys.

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This section was expressly excepted from repeal or amendment by the Tariff Act of 1930 (Act June 17, 1930, с. 497, 46 Stat. 763, in effect June 18, 1930) which provides in section 651(d) as follows: "Nothing in this Act shall be construed to amend or repeal any of the following provisions of law: (3) Section 30 of the Act entitled 'An Act to simplify the laws in relation to the collection of the revenues,' approved June 10, 1890, as amended (providing for an Assistant Attorney General in charge of customs matters.)"

'The citations at the end of this section should include Act Feb. 25, 1910, с. 62, § 1, 36 Stat. 214, which fixes the salary of the Assistant Attorney General in charge of customs matters at $8,000 per annum.

297. Solicitors for departments.

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The office of Solicitor of Internal Revenue was abolished by § 1201 of Act Feb. 26, 1926, с. 27, 44 Stat. 126, which creates the office of General Counsel for the Bureau of Internal Revenue and provides that Commencing at such time as the General Counsel first appointed under this section qualifies and takes office, the office of Solicitor of Internal Revenue in the Department of Justice shall cease to exist." See § la of Title 26 in the Supplement.

It has been suggested that the solicitor for the Interior Department is no longer an officer of the Department of Justice for the reason that by Act Apr. 29, 1926, с. 195, 44 Stat. 330, he is omitted from the appropriation for the Department of Justice, and

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