I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/22/93 at 10:53:03. Database: USCODE Search: (27:CITE) ------DocID 36106 Document 1 of 111------ -CITE- 27 USC TITLE 27 -EXPCITE- TITLE 27 -HEAD- TITLE 27 - INTOXICATING LIQUORS -MISC1- Chap. Sec. 1. General Provisions (Repealed) 1 2. Prohibition of Intoxicating Beverages (Repealed, Omitted, or Transferred) 11 2A. Beer, Ale, Porter, and Similar Fermented Liquor (Repealed or Omitted) 64a 3. Industrial Alcohol (Omitted) 71 4. Penalties (Repealed) 91 5. Prohibition Reorganization Act of 1930 (Repealed) 101 6. Transportation in Interstate Commerce 121 7. Liquor Law Repeal and Enforcement Act (Omitted) 151 8. Federal Alcohol Administration Act 201 9. Liquor Enforcement Act of 1936 (Repealed) 221 -CROSS- CROSS REFERENCES Alcohol taxes, see section 5001 et seq. of Title 26, Internal Revenue Code. District of Columbia Alcoholic Beverage Control Act, see act Jan. 24, 1934, ch. 4, 48 Stat. 319, as amended, set out in section 25-101 et seq. of the District of Columbia Code. National minimum drinking age, see section 158 of Title 23, Highways. ------DocID 8980 Document 2 of 111------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 27 OF 1950 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 27 OF 1950 -MISC1- Reorganization Plan No. 27 of 1950, which proposed establishment of a Department of Health, Education, and Security, was submitted to Congress on May 31, 1950, and was disapproved by the House of Representatives on July 10, 1950. ------DocID 9760 Document 3 of 111------ -CITE- 7 USC CHAPTER 27 -EXPCITE- TITLE 7 CHAPTER 27 -HEAD- CHAPTER 27 - COTTON MARKETING ------DocID 14613 Document 4 of 111------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 27 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS EXTRAORDINARY RELIEF -HEAD- Rule 27. Petition for Extraordinary Relief, Writ Appeal Petition, Answer, and Reply -STATUTE- (a) Petition for extraordinary relief. (1) A petition for extraordinary relief, together with any available record, shall be filed within the time prescribed by Rule 19(d), shall be accompanied by proof of service on all named respondents, and shall contain: (A) A previous history of the case including whether prior actions or requests for the same relief have been filed or are pending in this or any other forum and the disposition or status thereof; (B) A concise statement of the facts necessary to understand the issue presented; (C) A statement of the issue; (D) The specific relief sought; (E) The jurisdictional basis for the relief sought and the reasons why the relief sought cannot be obtained during the ordinary course of trial or appellate review or through administrative procedures; and (F) Reasons for granting the writ. (2) Service on Judge Advocate General. The Clerk shall forward a copy of the petition to The Judge Advocate General of the service in which the case arose. (3) Brief, answer and reply. Each petition for extraordinary relief shall be accompanied by a brief in support of the petition substantially in the form specified in Rule 24, unless it is filed in propria persona. The Court may issue an order to show cause, in which event the respondent(s) shall file an Answer. The petitioner may file a reply to the answer. See Rule 28(b)(1) and (c)(1). (4) Initial Action by the Court. The Court may, as the circumstances require, dismiss or deny the petition, order the respondent(s) to show cause and file an answer within a time specified, or take any other action deemed appropriate, including referring the matter to a special master, who may be a military judge or other person, to make further investigation, to take evidence, and to make such recommendations to the Court as are deemed appropriate. See United States v. DuBay, 17 U.S.C.M.A. 147(1967). (5) Hearing and final action. The court may set the matter for hearing. However, on the basis of the pleadings alone, the Court may grant or deny the relief sought or issue such other order in the case as the circumstances may require. *** ILLUSTRATIONS OR TABLE DATA OMITTED *** (6) Electronic message petitions. The court will docket petitions for extraordinary relief submitted by means of an electronic message. (A) The message will contain the verbatim text of the petition, will conclude with the full name and address of petitioner's counsel, and will state when counsel placed the written petition and brief required by subsections (a)(1) and (a)(3) in the mail addressed to the Court and to all named respondents in accordance with Rules 36 and 39. (B) As the Court does not possess the capability for direct receipt of electronic messages, each such message will be transmitted to the Chief of the Appellate Defense Division or Appellate Government Division, as appropriate, within the Office of the Judge Advocate General of petitioner's service, with copies to all named respondents. Upon receipt of the message in the appropriate appellate division office, clearly legible copies will be reproduced and filed in accordance with Rule 37 by an appellate counsel appointed within such office. (b) Writ appeal petition, answer and reply. A writ appeal petition for review of a decision by a Court of Military Review acting on a petition for extraordinary relief shall be filed by an appellant, together with any available record, within the time prescribed by Rule 19(e), shall be accompanied by proof of service on the appellee, and shall contain the specific information required by subsection (a)(1) above. In addition, unless it is filed in propria persona, such petition shall be accompanied by a supporting brief substantially in the form specified in Rule 24. If such petition is filed in propria persona, appellate military counsel designated by the Judge Advocate General in accordance with Rule 17 will file a supporting brief no later than 20 days after the issuance by the Clerk of a notice of docketing of the petition. The appellee shall file an answer no later than 10 days after the filing of the appellant's brief. A reply may be filed by the appellant no later than 5 days after the filing of the appellee's answer. See Rule 28(b)(2) and (c)(2). Upon the filing of pleadings by the parties, the Court may grant or deny the writ appeal petition or take such other action as the circumstances may require. ------DocID 14667 Document 5 of 111------ -CITE- 10 USC APPENDIX - RULES OF COURTS OF MILITARY REVIEW Rule 27 -EXPCITE- TITLE 10 APPENDIX COURTS OF MILITARY REVIEW -HEAD- Rule 27. Recording, photographing, broadcasting, or telecasting of hearings -STATUTE- The recording, photographing, broadcasting, or televising of any session of the Court or other activity relating thereto is prohibited unless specifically authorized by the Court sitting as a whole. ------DocID 15159 Document 6 of 111------ -CITE- 11 USC APPENDIX - BANKRUPTCY RULES Form 27 -EXPCITE- TITLE 11 APPENDIX BANKRUPTCY RULES AND OFFICIAL FORMS OFFICIAL FORMS -HEAD- Form 27. - Discharge of Debtor -STATUTE- (CAPTION AS IN FORM NO. 1) DISCHARGE OF DEBTOR It appearing that the person named above has filed a petition commencing a case under title 11, United States Code on XXXXXX, and an order for relief was entered under chapter 7 and that no complaint objecting to the discharge of the debtor was filed within the time fixed by the court (or that a complaint objecting to discharge of the debtor was filed and, after due notice and hearing, was not sustained); it is ordered that 1. The above-named debtor is released from all dischargeable debts. 2. Any judgment heretofore or hereafter obtained in any court other than this court is null and void as a determination of the personal liability of the debtor with respect to any of the following: (a) debts dischargeable under 11 U.S.C. Sec. 523; (b) unless heretofore or hereafter determined by order of this court to be nondischargeable, debts alleged to be excepted from discharge under clauses (2), (4) and (6) of 11 U.S.C. Sec. 523(a); (c) debts determined by this court to be discharged. 3. All creditors whose debts are discharged by this order and all creditors whose judgments are declared null and void by paragraph 2 above are enjoined from instituting or continuing any action or employing any process or engaging in any act to collect such debts as personal liabilities of the above-named debtor. Dated: XXXXXX BY THE COURT XXXXXXXXXXXXXX Bankruptcy Judge. -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This form is a revision of former Official Form No. 24. It takes into account the features of Sec. 523 of the Code which in turn, were derived from the 1970 amendments to the Bankruptcy Act. ------DocID 15196 Document 7 of 111------ -CITE- 12 USC Sec. 27 -EXPCITE- TITLE 12 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 27. Certificate of authority to commence banking -STATUTE- (a) If, upon a careful examination of the facts so reported, and of any other facts which may come to the knowledge of the comptroller, whether by means of a special commission appointed by him for the purpose of inquiring into the condition of such association, or otherwise, it appears that such association is lawfully entitled to commence the business of banking, the comptroller shall give to such association a certificate, under his hand and official seal, that such association has complied with all the provisions required to be complied with before commencing the business of banking, and that such association is authorized to commence such business. But the comptroller may withhold from an association his certificate authorizing the commencement of business, whenever he has reason to suppose that the shareholders have formed the same for any other than the legitimate objects contemplated by title 62 of the Revised Statutes. A National Bank Association, to which the Comptroller of the Currency has heretofore issued or hereafter issues such certificate, is not illegally constituted solely because its operations are or have been required by the Comptroller of the Currency to limited to those of a trust company and activities related thereto. (b)(1) The Comptroller of the Currency may also issue a certificate of authority to commence the business of banking pursuant to this section to a national banking association which is owned exclusively (except to the extent directors' qualifying shares are required by law) by other depository institutions and is organized to engage exclusively in providing services for other depository institutions and their officers, directors, and employees. (2) Any national banking association chartered pursuant to paragraph (1) shall be subject to such rules, regulations, and orders as the Comptroller deems appropriate, and, except as otherwise specifically provided in such rules, regulations, or orders, shall be vested with or subject to the same rights, privileges, duties, restrictions, penalties, liabilities, conditions, and limitations that would apply under the national banking laws to a national bank. -SOURCE- (R.S. Sec. 5169; Pub. L. 95-630, title XV, Sec. 1504, Nov. 10, 1978, 92 Stat. 3713; Pub. L. 96-221, title VII, Sec. 712(a), (c), Mar. 31, 1980, 94 Stat. 189, 190; Pub. L. 97-320, title IV, Sec. 404(a), Oct. 15, 1982, 96 Stat. 1511.) -REFTEXT- REFERENCES IN TEXT Title 62 of the Revised Statutes, referred to in subsec. (a), was in the original 'this Title' meaning title 62 of the Revised Statutes, consisting of R.S. Sec. 5133 to 5243, which are classified to sections 21, 22 to 24, 25a, 26 to 29, 35 to 37, 39, 51, 52, 53, 56, 57, 59 to 62, 66, 71, 72 to 76, 81 to 91, 93, 93a, 94, 101a, 102, 104, 107 to 110, 123, 124, 131 to 138, 141 to 144, 151, 152, 161, 164, 168 to 175, 181 to 186, 192 to 196, 481 to 485, 501, 541, 548, and 582 of this title. See, also, sections 8, 333, 334, 475, 656, 709, 1004, and 1005 of Title 18, Crimes and Criminal Procedure. For complete classification of R.S. Sec. 5133 to 5243 to the Code, see Tables. -COD- CODIFICATION R.S. Sec. 5169 derived from act June 3, 1864, ch. 106, Sec. 12, 18, 13 Stat. 102, 104, which was the National Bank Act. See section 38 of this title. -MISC3- AMENDMENTS 1982 - Pub. L. 97-320 designated existing provisions as subsec. (a) and added subsec. (b). 1980 - Pub. L. 96-221, Sec. 712(a), (c), temporarily inserted provisions relating to treatment of national banking associations as additional banks within the contemplation of section 1842 of this title. See Termination Date of 1980 Amendment note below. 1978 - Pub. L. 95-630 inserted provision that a National Bank Association, to which the Comptroller of the Currency has heretofore issued or hereafter issues such certificate, is not illegally constituted solely because its operations are or have been required by the Comptroller of the Currency to be limited to those of a trust company and activities related thereto. TERMINATION DATE OF 1980 AMENDMENT Section 712(c) of Pub. L. 96-221 provided that: 'The amendments made by this section (amending this section and section 1842 of this title) are hereby repealed on October 1, 1981.' EFFECTIVE DATE OF 1978 AMENDMENT Section 1505 of Pub. L. 95-630 provided that: 'This title (amending this section and sections 1715z-10 and 2902 of this title and amending provisions set out as a note under section 1666f of Title 15, Commerce and Trade) shall take effect upon enactment (Nov. 10, 1978).' -TRANS- EXCEPTION AS TO TRANSFER OF FUNCTIONS Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title. -CROSS- CROSS REFERENCES Conversion of national banks into State banks, see sections 214 to 214c of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 28 of this title. ------DocID 16677 Document 8 of 111------ -CITE- 12 USC CHAPTER 27 -EXPCITE- TITLE 12 CHAPTER 27 -HEAD- CHAPTER 27 - REAL ESTATE SETTLEMENT PROCEDURES -MISC1- Sec. 2601. Congressional findings and purpose. 2602. Definitions. 2603. Uniform settlement statement. 2604. Special information booklets. (a) Distribution by Secretary to lenders to help borrowers. (b) Form and detail; cost elements, standard settlement form, escrow accounts, selection of persons for settlement services; consideration of differences in settlement procedures. (c) Estimate of charges. (d) Distribution by lenders to loan applicants at time of receipt or preparation of applications. (e) Printing and distribution by lenders of booklets approved by Secretary. 2605. Servicing of mortgage loans and administration of escrow accounts. (a) Disclosure to applicant relating to assignment, sale, or transfer of loan servicing. (b) Notice by transferor of loan servicing at time of transfer. (c) Notice by transferee of loan servicing at time of transfer. (d) Treatment of loan payments during transfer period. (e) Duty of loan servicer to respond to borrower inquiries. (f) Damages and costs. (g) Administration of escrow accounts. (h) Preemption of conflicting State laws. (i) Definitions. 2606. Repealed. 2607. Prohibition against kickbacks and unearned fees. (a) Business referrals. (b) Splitting charges. (c) Fees, salaries, compensation, or other payments. (d) Penalties for violations; joint and several liability; treble damages; actions for injunction by Secretary and by State officials; costs and attorney fees; construction of State laws. 2608. Title companies; liability of seller. 2609. Limitation on requirement of advance deposits in escrow accounts. (a) In general. (b) Notification of shortage in escrow account. (c) Escrow account statements. (d) Penalties. 2610. Prohibition of fees for preparation of truth-in-lending, uniform settlement, and escrow account statements. 2611. Land parcel recordation system; establishment on demonstration basis. 2612. Report of Secretary on necessity for further Congressional action. (a) Administrative consultations; study, investigation, and hearings; time of submission. (b) Scope of report; specific practices or problems and corrective measures; cost burden for real estate settlement services; Federal regulation of charges and regulatory scheme; local government recordation of land title information and Federal assistance for development of a model system. 2613. Demonstration to determine feasibility of including statements of settlement costs in special information booklets; report to Congress. 2614. Jurisdiction of courts; limitations. 2615. Contracts and liens; validity. 2616. State laws unaffected; inconsistent Federal and State provisions. 2617. Authority of Secretary. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 15 section 1638; title 42 sections 3541, 8232. ------DocID 17470 Document 9 of 111------ -CITE- 15 USC Sec. 27 -EXPCITE- TITLE 15 CHAPTER 1 -HEAD- Sec. 27. Effect of partial invalidity -STATUTE- If any clause, sentence, paragraph, or part of this Act shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered. -SOURCE- (Oct. 15, 1914, ch. 323, Sec. 27, formerly Sec. 26, 38 Stat. 740, renumbered Dec. 2, 1980, Pub. L. 96-493, Sec. 2, 94 Stat. 2568.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended, known as the Clayton Act, which is classified generally to sections 12, 13, 14 to 19, 20, 21, and 22 to 27 of this title, and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under section 12 of this title and Tables. ------DocID 17769 Document 10 of 111------ -CITE- 15 USC Sec. 80a-27 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-27. Periodic payment plans -STATUTE- (a) Sale of certificates; restrictions It shall be unlawful for any registered investment company issuing periodic payment plan certificates, or for any depositor of or underwriter for such company, to sell any such certificate, if - (1) the sales load on such certificate exceeds 9 per centum of the total payments to be made thereon; (2) more than one-half of any of the first twelve monthly payments thereon, or their equivalent, is deducted for sales load; (3) the amount of sales load deducted from any one of such first payments exceeds proportionately the amount deducted from any other such payment, or the amount deducted from any subsequent payment exceeds proportionately the amount deducted from any other subsequent payment; (4) the first payment on such certificate is less than $20, or any subsequent payment is less than $10; (5) if such registered company is a management company, the proceeds of such certificate or the securities in which such proceeds are invested are subject to management fees (other than fees for administrative services of the character described in clause (C), paragraph (2), of section 80a-26(a) of this title) exceeding such reasonable amount as the Commission may prescribe, whether such fees are payable to such company or to investment advisers thereof; or (6) if such registered company is a unit investment trust the assets of which are securities issued by a management company, the depositor of or principal underwriter for such trust, or any affiliated person of such depositor or underwriter, is to receive from such management company or any affiliated person thereof any fee or payment on account of payments on such certificate exceeding such reasonable amount as the Commission may prescribe. (b) Exemptions If it appears to the Commission, upon application or otherwise, that smaller companies are subjected to relatively higher operating costs and that in order to make due allowance therefor it is necessary or appropriate in the public interest and consistent with the protection of investors that a provision or provisions of paragraph (1), (2), or (3) of subsection (a) of this section relative to sales load be relaxed in the case of certain registered investment companies issuing periodic payment plan certificates, or certain specified classes of such companies, the Commission is authorized by rules and regulations or order to grant any such company or class of companies appropriate qualified exemptions from the provisions of said paragraphs. (c) Sale of certificates; requirements It shall be unlawful for any registered investment company issuing periodic payment plan certificates, or for any depositor of or underwriter for such company, to sell any such certificate, unless - (1) such certificate is a redeemable security; and (2) the proceeds of all payments on such certificate (except such amounts as are deducted for sales load) are deposited with a trustee or custodian having the qualifications prescribed in paragraph (1) of section 80a-26(a) of this title for the trustees of unit investment trusts, and are held by such trustee or custodian under an indenture or agreement containing, in substance, the provisions required by paragraphs (2) and (3) of section 80a-26(a) of this title for the trust indentures of unit investment trusts. (d) Surrender of certificates; regulations Notwithstanding subsection (a) of this section, it shall be unlawful for any registered investment company issuing periodic payment plan certificates, or for any depositor of or underwriter for such company, to sell any such certificate unless the certificate provide that the holder thereof may surrender the certificate at any time within the first eighteen months after the issuance of the certificate and receive in payment thereof, in cash, the sum of (1) the value of his account, and (2) an amount, from such underwriter or depositor, equal to that part of the excess paid for sales loading which is over 15 per centum of the gross payments made by the certificate holder. The Commission may make rules and regulations applicable to such underwriters and depositors specifying such reserve requirements as it deems necessary or appropriate in order for such underwriters and depositors to carry out the obligations to refund sales charges required by this subsection. (e) Refund privileges; notice; rules With respect to any periodic payment plan certificate sold subject to the provisions of subsection (d) of this section, the registered investment company issuing such periodic payment plan certificate, or any depositor of or underwriter for such company, shall in writing (1) inform each certificate holder who has missed three payments or more, within thirty days following the expiration of fifteen months after the issuance of the certificate, or, if any such holder has missed one payment or more after such period of fifteen months but prior to the expiration of eighteen months after the issuance of the certificate, at any time prior to the expiration of such eighteen-month period, of his right to surrender his certificate as specified in subsection (d) of this section, and (2) inform the certificate holder of (A) the value of the holder's account as of the time the written notice was given to such holder, and (B) the amount to which he is entitled as specified in subsection (d) of this section. The Commission may make rules specifying the method, form, and contents of the notice required by this subsection. (f) Charges, statement; rules; surrender of certificates; regulations With respect to any periodic payment plan (other than a plan under which the amount of sales load deducted from any payment thereon does not exceed 9 per centum of such payment), the custodian bank for such plan shall mail to each certificate holder, within sixty days after the issuance of the certificate, a statement of charges to be deducted from the projected payments on the certificate and a notice of his right of withdrawal as specified in this section. The Commission may make rules specifying the method, form, and contents of the notice required by this subsection. The certificate holder may within forty-five days of the mailing of the notice specified in this subsection surrender his certificate and receive in payment thereof, in cash, the sum of (1) the value of his account, and (2) an amount, from the underwriter or depositor, equal to the difference between the gross payments made and the net amount invested. The Commission may make rules and regulations applicable to underwriters and depositors of companies issuing any such certificate specifying such reserve requirements as it deems necessary or appropriate in order for such underwriters and depositors to carry out the obligations to refund sales charges required by this subsection. (g) Governing provisions; election Notwithstanding the provisions of subsections (a) and (d) of this section, a registered investment company issuing periodic payment plan certificates may elect, by written notice to the Commission, to be governed by the provisions of subsection (h) of this section rather than the provisions of subsections (a) and (d) of this section. (h) Sale of certificates; restrictions Upon making the election specified in subsection (g) of this section, it shall be unlawful for any such electing registered investment company issuing periodic payment plan certificates, or for any depositor of or underwriter for such company, to sell any such certificate, if - (1) the sales load on such certificate exceeds 9 per centum of the total payments to be made thereon; (2) more than 20 per centum of any payment thereon is deducted for sales load, or an average of more than 16 per centum is deducted for sales load from the first forty-eight monthly payments thereon, or their equivalent; (3) the amount of sales load deducted from any one of the first twelve monthly payments, the thirteenth through twenty-fourth monthly payments, the twenty-fifth through thirty-sixth monthly payments, or the thirty-seventh through forty-eighth monthly payments, or their equivalents, respectively, exceeds proportionately the amount deducted from any other such payment, or the amount deducted from any subsequent payment exceeds proportionately the amount deducted from any other subsequent payment; (4) the deduction for sales load on the excess of the payment or payments in any month over the minimum monthly payment, or its equivalent, to be made on the certificate exceeds the sales load applicable to payments subsequent to the first forty-eight monthly payments or their equivalent; (5) the first payment on such certificate is less than $20, or any subsequent payment is less than $10; (6) if such registered company is a management company, the proceeds of such certificate or the securities in which such proceeds are invested are subject to management fees (other than fees for administrative services of the character described in clause (C) of paragraph (2) of section 80a-26(a) of this title) exceeding such reasonable amount as the Commission may prescribe, whether such fees are payable to such company or to investment advisers thereof; or (7) if such registered company is a unit investment trust the assets of which are securities issued by a management company, the depositor of or principal underwriter for such trust, or any affiliated person of such depositor or underwriter, is to receive from such management company or any affiliated person thereof any fee or payment on account of payments on such certificate exceeding such reasonable amount as the Commission may prescribe. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 27, 54 Stat. 829; Dec. 14, 1970, Pub. L. 91-547, Sec. 16, 84 Stat. 1424; Nov. 23, 1971, Pub. L. 92-165, 85 Stat. 487.) -MISC1- AMENDMENTS 1971 - Subsec. (f). Pub. L. 92-165 inserted '(other than a plan under which the amount of sales load deducted from any payment thereon does not exceed 9 per centum of such payment)'. 1970 - Subsecs. (d) to (h). Pub. L. 91-547 added subsecs. (d) to (h). EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-547 effective on expiration of six months after Dec. 14, 1970, see section 30(3) of Pub. L. 91-547, set out as a note under section 80a-52 of this title. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 80a-6 of this title. ------DocID 18451 Document 11 of 111------ -CITE- 15 USC CHAPTER 27 -EXPCITE- TITLE 15 CHAPTER 27 -HEAD- CHAPTER 27 - AUTOMOBILE DEALER SUITS AGAINST MANUFACTURERS -MISC1- Sec. 1221. Definitions. 1222. Authorization of suits against manufacturers; amount of recovery; defenses. 1223. Limitations. 1224. Antitrust laws as affected. 1225. State laws as affected. ------DocID 19653 Document 12 of 111------ -CITE- 16 USC Sec. 27 to 29 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER V -HEAD- Sec. 27 to 29. Repealed. June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992, eff. Sept. 1, 1948 -MISC1- Section 27, acts May 7, 1894, ch. 72, Sec. 5, 28 Stat. 74; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167; June 28, 1938, ch. 778, Sec. 1, 52 Stat. 1213, related to jurisdiction and powers of commissioner (now magistrate judges). See sections 131, 631, and 632 of Title 28, Judiciary and Judicial Procedure. Section 28, act May 7, 1894, ch. 72, Sec. 6, 28 Stat. 75, related to deputy marshals. See section 562 of Title 28. Section 29, acts May 7, 1894, ch. 72, Sec. 7, 28 Stat. 75; Apr. 17, 1900, ch. 192, Sec. 1, 31 Stat. 133; Mar. 4, 1923, ch. 295, 42 Stat. 1560, related to compensation of commissioners (now magistrate judges), marshals, and United States attorneys. See sections 548, 571, 572, and 634 of Title 28. ------DocID 21120 Document 13 of 111------ -CITE- 16 USC Sec. 460m-27 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXI-A -HEAD- Sec. 460m-27. Improvement of access at Cunard -STATUTE- (a) Development and improvement The Secretary shall expeditiously acquire such lands, and undertake such developments and improvements, as may be necessary to provide for commercial and noncommercial access to the river near Cunard. No restriction shall be imposed on such access based on the time of day, except to the extent required to protect public health and safety. (b) Interim measures Pending completion of the developments and improvements referred to in subsection (a) of this section, the Secretary shall permit the motorized towing of whitewater rafts in the section of the national river between Thurmond and Cunard when the volume of flow in the river is less than three thousand cubic feet per second. -SOURCE- (Pub. L. 95-625, title XI, Sec. 1114, as added Pub. L. 100-534, title I, Sec. 103, Oct. 26, 1988, 102 Stat. 2700.) ------DocID 22882 Document 14 of 111------ -CITE- 16 USC CHAPTER 27 -EXPCITE- TITLE 16 CHAPTER 27 -HEAD- CHAPTER 27 - NATIONAL TRAILS SYSTEM -MISC1- Sec. 1241. Congressional statement of policy and declaration of purpose. (a) Considerations for determining establishment of trails. (b) Initial components. (c) Volunteer citizen involvement. 1242. National trails system. (a) Composition: recreation trails; scenic trails; historic trails; connecting or side trails; uniform markers. (b) Extended trails. (c) Comprehensive plan submitted by Secretary of the Interior to Congress; revisions; content; consultation. 1243. National recreation trails; establishment and designation; prerequisites. 1244. National scenic and national historic trails. (a) Establishment and designation; administration. (b) Additional national scenic or national historic trails; feasibility studies; consultations; submission of studies to Congress; scope of studies; qualifications for national historic trail designation. (c) Routes subject to consideration for designation as national scenic trails. (d) Trail advisory councils; establishment and termination; term and compensation; membership; chairman. (e) Comprehensive national scenic trail plan; consultation; submission to Congressional committees. (f) Comprehensive national historic trail plan; consultation; submission to Congressional committees. 1245. Connecting or side trails; establishment, designation, and marking as components of national trails system; location. 1246. Administration and development of national trails system. (a) Consultation of Secretary with other agencies; transfer of management responsibilities; selection of rights-of-way; criteria for selection; notice; impact upon established uses. (b) Relocation of segment of national, scenic or historic, trail right-of-way; determination of necessity with official having jurisdiction; necessity for Act of Congress. (c) Facilities on national, scenic or historic, trails; permissible activities; use of motorized vehicles; trail markers; establishment of uniform marker; placement of uniform markers; trail interpretation sites. (d) Use and acquisition of lands within exterior boundaries of areas included within right-of-way. (e) Right-of-way lands outside exterior boundaries of federally administered areas; cooperative agreements or acquisition; failure to agree or acquire; agreement or acquisition by Secretary concerned; right of first refusal for original owner upon disposal. (f) Exchange of property within the right-of-way by Secretary of the Interior; property subject to exchange; equalization of value of property; exchange of national forest lands by Secretary of Agriculture; tracts lying outside trail acquisition area. (g) Condemnation proceedings to acquire private lands; limitations; availability of funds for acquisition of lands or interests therein; acquisition of high potential, route segments or historic sites. (h) Development and maintenance of national, scenic or historic, trails; cooperation with States over portions located outside of federally administered areas; cooperative agreements; participation of volunteers; reservation of right-of-way for trails in conveyances by Secretary of the Interior. (i) Regulations; issuance; concurrence and consultation; revision; publication; violations; penalties; utilization of national park or national forest authorities. (j) Types of trail use allowed. (k) Donations or other conveyances of qualified real property interests. 1247. State and local area recreation and historic trails. (a) Secretary of the Interior to encourage States, political subdivisions, and private interests; financial assistance for State and local projects. (b) Secretary of Housing and Urban Development to encourage metropolitan and other urban areas; administrative and financial assistance in connection with recreation and transportation planning; administration of urban open-space program. (c) Secretary of Agriculture to encourage States, local agencies, and private interests. (d) Interim use of railroad rights-of-way. (e) Designation and marking of trails; approval of Secretary of the Interior. 1248. Easements and rights-of-way. (a) Authorization; conditions. (b) Cooperation of Federal agencies with Secretary of the Interior and Secretary of Agriculture. (c) Abandoned railroad grants; retention of rights. (d) Location, incorporation, and management. (e) Release and quitclaim; conditions; sale; proceeds. (f) 'Conservation system unit' and 'public lands' defined. 1249. Authorization of appropriations. 1250. Volunteer trails assistance. (a) Volunteer planning, development, maintenance, and management of trails. (b) Scope of volunteer work. (c) Use of Federal facilities, equipment, tools, and technical assistance. 1251. Definitions. ------DocID 23968 Document 15 of 111------ -CITE- 18 USC CHAPTER 27 -EXPCITE- TITLE 18 PART I CHAPTER 27 -HEAD- CHAPTER 27 - CUSTOMS -MISC1- Sec. 541. Entry of goods falsely classified. 542. Entry of goods by means of false statements. 543. Entry of goods for less than legal duty. 544. Relanding of goods. 545. Smuggling goods into the United States. 546. Smuggling goods into foreign countries. 547. Depositing goods in buildings on boundaries. 548. Removing or repacking goods in warehouses. 549. Removing goods from customs custody; breaking seals. 550. False claim for refund of duties. 551. Concealing or destroying invoices or other papers. 552. Officers aiding importation of obscene or treasonous books and articles. 553. Importation or exportation of stolen motor vehicles, off-highway mobile equipment, vessels, or aircraft. AMENDMENTS 1984 - Pub. L. 98-547, title III, Sec. 301(b), Oct. 25, 1984, 98 Stat. 2771, added item 553. -CROSS- CROSS REFERENCES Bribery of public officials, see section 201 of this title. Enforcement provisions, section 1581 et seq. of Title 19, Customs Duties. Forfeitures; penalty for aiding unlawful importation, see section 1595a of Title 19. Libel of vessels and vehicles, see section 1594 of Title 19. Search of vehicles and persons, see section 482 of Title 19. Searches and seizures, see section 1595 of Title 19. ------DocID 25112 Document 16 of 111------ -CITE- 18 USC APPENDIX - RULES OF CRIMINAL PROCEDURE Rule 27 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS VI -HEAD- Rule 27. Proof of Official Record -STATUTE- An official record or an entry therein or the lack of such a record or entry may be proved in the same manner as in civil actions. -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This rule incorporates by reference Rule 44 of the Federal Rules of Civil Procedure, 28 U.S.C., Appendix, which provided a simple and uniform method of proving public records and entry or lack of entry therein. The rule does not supersede statutes regulating modes of proof in respect to specific official records. In such cases parties have the option of following the general rule or the pertinent statute. Among the many statutes are: U.S.C., Title 28: Section 661 (now 1733) (Copies of department or corporation records and papers; admissibility; seal) Section 662 (now 1733) (Same; in office of General Counsel of the Treasury) Section 663 (now 1733) (Instruments and papers of Comptroller of Currency; admissibility) Section 664 (now 1733) (Organization certificates of national banks; admissibility) Section 665 (now 1733) (Transcripts from books of Treasury in suits against delinquents; admissibility) Section 666 (now 1733) (Same; certificate by Secretary or Assistant Secretary) Section 668 (now 18 U.S.C. 3497) (Same; indictments for embezzlement of public moneys) Section 669 (former) (Copies of returns in returns office admissible) Section 670 (now 1743) (Admissibility of copies of statements of demands by Post Office Department) Section 671 (now 1733) (Admissibility of copies of post office records and statement of accounts) Section 672 (see 1733) (Admissibility of copies of records in General Land Office) Section 673 (now 1744) (Admissibility of copies of records, and so forth, of Patent Office) Section 674 (now 1745) (Copies of foreign letters patent as prima facie evidence) Section 675 (former) (Copies of specifications and drawings of patents admissible) Section 676 (now 1736) (Extracts from Journals of Congress admissible when injunction of secrecy removed) Section 677 (now 1740) (Copies of records in offices of United States consuls admissible) Section 678 (former) (Books and papers in certain district courts) Section 679 (former) (Records in clerks' offices, western district of North Carolina) Section 680 (former) (Records in clerks' offices of former district of California) Section 681 (now 1734) (Original records lost or destroyed; certified copy admissible) Section 682 (now 1734) (Same; when certified copy not obtainable) Section 685 (now 1735) (Same; certified copy of official papers) Section 687 (now 1738) (Authentication of legislative acts; proof of judicial proceedings of State) Section 688 (now 1739) (Proofs of records in offices not pertaining to courts) Section 689 (now 1742) (Copies of foreign records relating to land titles) Section 695a-695h (now 18 U.S.C. 3491-3496; 22 U.S.C. 1204; 1741) (Foreign documents) U.S.C., Title 1: Section 30 (now 112) (Statutes at Large; contents; admissibility in evidence) Section 30a (now 113) ('Little and Brown's' edition of laws and treaties competent evidence of Acts of Congress) Section 54 (now 204) (Codes and Supplements as establishing prima facie the Laws of United States and District of Columbia, citation of Codes and Supplements) Section 55 (now 209) (Copies of Supplements to Code of Laws of United States and of District of Columbia Code and Supplements; conclusive evidence of original) U.S.C., Title 5: Section 490 (see 28 U.S.C. 1733) (Records of Department of Interior; authenticated copies as evidence) U.S.C., Title 8: Section 717(b) (see 1435, 1482) (Former citizens of United States excepted from certain requirements; citizenship lost by spouse's alienage or loss of United States citizenship, or by entering armed forces of foreign state or acquiring its nationality) Section 727(g) (see 1443) (Administration of naturalization laws; rules and regulations; instruction in citizenship; forms; oaths; depositions; documents in evidence; photographic studio) U.S.C., Title 15: Section 127 (see 1057(e)) (Trade-marks; copies of records as evidence) U.S.C., Title 20: Section 52 (Smithsonian Institution; evidence of title to site and buildings) U.S.C., Title 25: Section 6 (Bureau of Indian Affairs; seal; authenticated and certified documents; evidence) U.S.C., Title 31: Section 46 (see 704) (Laws governing General Accounting Office; copies of books, records, etc., thereof as evidence) U.S.C., Title 38: Section 11g (now 202) (Seal of Veterans' Administration; authentication of copies of records) U.S.C., Title 43: Section 57 (Authenticated copies or extracts from records as evidence) Section 58 (Transcripts from records of Louisiana) Section 59 (Official papers in office of surveyor general in California; papers; copies) Section 83 (Transcripts of records as evidence) U.S.C., Title 44: Section 300h (now 2112) (National Archives; seal; reproduction of archives; fee; admissibility in evidence of reproductions) Section 307 (now 1507) (Filing document as constructive notice; publication in Register as presumption of validity; judicial notice; citation) U.S.C., Title 47: Section 412 (Documents filed with Federal Communications Commission as public records; prima facie evidence; confidential records) U.S.C., Title 49: Section 16 (now 10303) (Orders of Commission and enforcement thereof; forfeitures - (13) copies of schedules, tariffs, contracts, etc., kept as public records; evidence) -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Proof of official record, see rule 44, Title 28, Appendix, Judiciary and Judicial Procedure. CROSS REFERENCES Commission to consular offices to authenticate foreign documents, see section 3492 of this title. Foreign documents, see sections 3491 to 3496 of this title. ------DocID 26083 Document 17 of 111------ -CITE- 20 USC Sec. 27 -EXPCITE- TITLE 20 CHAPTER 2 -HEAD- Sec. 27. Loss of funds; replacing; limitation on use -STATUTE- If any portion of the moneys received by the custodian for vocational education of any State under this chapter, for any given purpose named in this chapter, shall, by any action or contingency, be diminished or lost, it shall be replaced by such State, and until so replaced no subsequent appropriation for such education shall be paid to such State. No portion of any moneys appropriated under this chapter for the benefit of the States shall be applied, directly or indirectly, to the purchase, erection, preservation, or repair of any building or buildings or equipment, or for the purchase or rental of lands, or for the support of any religious or privately owned or conducted school or college. -SOURCE- (Feb. 23, 1917, ch. 114, Sec. 17, 39 Stat. 936.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in text, was in the original 'this Act', meaning act Feb. 23, 1917, which was classified to sections 11 to 15 and 16 to 28 of this title. Other sections formerly contained in this chapter were based on other acts, and have been omitted or repealed. ------DocID 26607 Document 18 of 111------ -CITE- 20 USC CHAPTER 27 -EXPCITE- TITLE 20 CHAPTER 27 -HEAD- CHAPTER 27 - NATIONAL VOCATIONAL STUDENT LOAN INSURANCE ------DocID 29023 Document 19 of 111------ -CITE- 22 USC Sec. 277d-27 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER IV -HEAD- Sec. 277d-27. Execution of agreements -STATUTE- The United States Commissioner, International Boundary and Water Commission, United States and Mexico, is authorized to carry out those measures agreed upon for execution by the United States in the agreements concluded pursuant to section 277d-26 of this title. -SOURCE- (Pub. L. 88-411, Sec. 2, Aug. 10, 1964, 78 Stat. 386.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 277d-28 of this title. ------DocID 30002 Document 20 of 111------ -CITE- 22 USC CHAPTER 27 -EXPCITE- TITLE 22 CHAPTER 27 -HEAD- CHAPTER 27 - INTERNATIONAL CULTURAL EXCHANGE AND TRADE FAIR PARTICIPATION ------DocID 31702 Document 21 of 111------ -CITE- 25 USC Sec. 27 -EXPCITE- TITLE 25 CHAPTER 2 -HEAD- Sec. 27. Omitted -COD- CODIFICATION Section, R.S. 2062; acts July 13, 1892, ch. 164, Sec. 1, 27 Stat. 120; July 1, 1898, ch. 545, Sec. 1, 30 Stat. 573, authorized the President to require that military officers perform the duties of Indian agents. The services of Indian agents have been dispensed with since 1908. See section 64 of this title and notes thereunder. ------DocID 32427 Document 22 of 111------ -CITE- 25 USC Sec. 640d-27 -EXPCITE- TITLE 25 CHAPTER 14 SUBCHAPTER XXII -HEAD- Sec. 640d-27. Attorney fees, costs and expenses for litigation or court action -STATUTE- (a) Payment by Secretary; authorization of appropriations In any litigation or court action between or among the Hopi Tribe, the Navajo Tribe and the United States or any of its officials, departments, agencies, or instrumentalities, arising out of the interpretation or implementation of this subchapter, as amended, the Secretary shall pay, subject to the availability of appropriations, attorney's fees, costs and expenses as determined by the Secretary to be reasonable. For each tribe, there is hereby authorized to be appropriated not to exceed $120,000 in fiscal year 1981, $130,000 in fiscal year 1982, $140,000 in fiscal year 1983, $150,000 in fiscal year 1984, and $160,000 in fiscal year 1985, and each succeeding year thereafter until such litigation or court action is finally completed. (b) Award by court; reimbursement to Secretary Upon the entry of a final judgment in any such litigation or court action, the court shall award reasonable attorney's fees, costs and expenses to the party, other than the United States or its officials, departments, agencies, or instrumentalities, which prevails or substantially prevails, where it finds that any opposing party has unreasonably initiated or contested such litigation. Any party to whom such an award has been made shall reimburse the United States out of such award to the extent that it has received payments pursuant to subsection (a) of this section. (c) Excess difference between award of court and award of Secretary treated as final judgment of Court of Claims To the extent that any award made to a party against the United States pursuant to subsection (b) of this section exceeds the amount paid to such party by the United States pursuant to subsection (a) of this section, such difference shall be treated as if it were a final judgment of the Court of Claims under section 2517 of title 28. (d) Litigation or court actions applicable This section shall apply to any litigation or court action pending upon July 8, 1980, in which a final order, decree, judgment has not been entered, but shall not apply to any action authorized by section 640d-7 or 640d-17(a) of this title. -SOURCE- (Pub. L. 93-531, Sec. 29, as added Pub. L. 96-305, Sec. 11, July 8, 1980, 94 Stat. 934.) -REFTEXT- REFERENCES IN TEXT The Court of Claims, referred to in subsec. (c), and the Court of Customs and Patent Appeals were merged effective Oct. 1, 1982, into a new United States Court of Appeals for the Federal Circuit by Pub. L. 97-164, Apr. 2, 1982, 96 Stat. 25, which also created a United States Claims Court that inherited the trial jurisdiction of the Court of Claims. See sections 48, 171 et seq., 791 et seq., and 1491 et seq. of Title 28, Judiciary and Judicial Procedure. ------DocID 33395 Document 23 of 111------ -CITE- 25 USC CHAPTER 27 -EXPCITE- TITLE 25 CHAPTER 27 -HEAD- CHAPTER 27 - TRIBALLY CONTROLLED SCHOOL GRANTS -MISC1- Sec. 2501. Findings. 2502. Declaration of policy. (a) Recognition. (b) Commitment. (c) National goal. (d) Educational needs. (e) Federal relations. (f) Termination. 2503. Grants authorized. (a) In general. (b) Limitations. (c) Limitation on transfer of funds among schoolsites. (d) No requirement to accept grants. (e) No effect on Federal responsibility. (f) Retrocession. (g) No termination for administrative convenience. 2504. Composition of grants. (a) In general. (b) Special rules. 2505. Eligibility for grants. (a) In general. (b) Additional requirements for Bureau schools and certain electing schools. (c) Additional requirements for school which is not a Bureau funded school. (d) Applications and reports. (e) Effective date for approved applications. (f) Denial of applications. (g) Report. 2506. Duration of eligibility determination. (a) In general. (b) Annual reports. (c) Revocation of eligibility. (d) Applicability of section pursuant to election under section 2508(b). 2507. Payment of grants; investment of funds. (a) Payments. (b) Investment of funds. (c) Recoveries. 2508. Application with respect to Indian Self-Determination and Education Assistance Act. (a) Certain provisions to apply to grants. (b) Election for grant in lieu of contract. (c) No duplication. (d) Transfers and carryovers. (e) Exceptions, problems, and disputes. 2509. Role of Director. 2510. Regulations. 2511. Definitions. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 2008a, 2019, 3207 of this title; title 20 section 2711. ------DocID 33539 Document 24 of 111------ -CITE- 26 USC Sec. 27 -EXPCITE- TITLE 26 Subtitle A CHAPTER 1 Subchapter A PART IV Subpart B -HEAD- Sec. 27. Taxes of foreign countries and possessions of the United States; possession tax credit -STATUTE- (a) Foreign tax credit The amount of taxes imposed by foreign countries and possessions of the United States shall be allowed as a credit against the tax imposed by this chapter to the extent provided in section 901. (b) Section 936 credit In the case of a domestic corporation, the amount provided by section 936 (relating to Puerto Rico and possession tax credit) shall be allowed as a credit against the tax imposed by this chapter. -SOURCE- (Aug. 16, 1954, ch. 736, 68A Stat. 13, Sec. 33; Oct. 4, 1976, Pub. L. 94-455, title X, Sec. 1051(a), 90 Stat. 1643; renumbered Sec. 27, July 18, 1984, Pub. L. 98-369, div. A, title IV, Sec. 471(c), 98 Stat. 826.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-369, Sec. 471(c), renumbered section 33 of this title as this section. 1976 - Pub. L. 94-455 designated existing provisions as subsec. (a) and added subsec. (b). EFFECTIVE DATE OF 1976 AMENDMENT Section 1051(i) of Pub. L. 94-455, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: '(1) Except as provided by paragraph (2), the amendments made by this section (enacting section 936 of this title and amending sections 33 (now 27), 48, 116, 243, 246, 861, 901, 904, 931, 1504, and 6091 of this title) shall apply to taxable years beginning after December 31, 1975, except that 'qualified possession source investment income' as defined in section 936(d)(2) of the Internal Revenue Code of 1986 (formerly I.R.C. 1954) shall include income from any source outside the United States if the taxpayer establishes to the satisfaction of the Secretary of the Treasury or his delegate that the income from such sources was earned before October 1, 1976. '(2) The amendment made by subsection (d)(2) (amending section 901 of this title) shall not apply to any tax imposed by a possession of the United States with respect to the complete liquidation occurring before January 1, 1979, of a corporation to the extent that such tax is attributable to earnings and profits accumulated by such corporation during periods ending before January 1, 1976.' -CROSS- CROSS REFERENCES Foreign tax credit, see section 901 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 28, 29, 55, 59, 108, 469, 691, 921, 1351 of this title. ------DocID 6934 Document 25 of 111------ -CITE- 2 USC Sec. 27 -EXPCITE- TITLE 2 CHAPTER 2 -HEAD- Sec. 27. Change of place of meeting -STATUTE- Whenever Congress is about to convene, and from the prevalence of contagious sickness, or the existence of other circumstances, it would, in the opinion of the President, be hazardous to the lives or health of the members to meet at the seat of Government, the President is authorized, by proclamation, to convene Congress at such other place as he may judge proper. -SOURCE- (R.S. Sec. 34.) -COD- CODIFICATION R.S. Sec. 34 derived from act Apr. 3, 1794, ch. 17, 1 Stat. 353. -CROSS- CROSS REFERENCES Removal of public offices from seat of government because of prevalence of contagious or epidemic disease, see section 73 of Title 4, Flag and Seal, Seat of Government, and the States. ------DocID 36107 Document 26 of 111------ -CITE- 27 USC CHAPTER 1 -EXPCITE- TITLE 27 CHAPTER 1 -HEAD- CHAPTER 1 - GENERAL PROVISIONS -MISC1- EFFECT OF 21ST AMENDMENT; EXTENT OF REPEAL OF TITLE II OF NATIONAL PROHIBITION ACT Act Oct. 28, 1919, ch. 85, 41 Stat. 305, as amended and supplemented, known as the National Prohibition Act, was included in chapters 1, 2, 3, and 4 of this title. Such provisions of that act and subsequent legislation as were dependent upon the 18th Amendment to the United States Constitution became inoperative by adoption of the 21st Amendment to the Constitution on Dec. 5, 1933, repealing the 18th Amendment. Sections 2 to 5 of this chapter (acts Oct. 28, 1919, ch. 85, Sec. 1, 41 Stat. 307; Nov. 23, 1921, ch. 134, Sec. 3, 5, 42 Stat. 223) and sections 11 to 40, 44 to 57, 61, 62, and 64 of chapter 2 (acts Oct. 28, 1919, ch. 85, Sec. 2 to 39, 41 Stat. 308 to 319; Nov. 23, 1921, ch. 134, Sec. 2, 5, 42 Stat. 222, 223; Mar. 31, 1933, ch. 18, Sec. 1 to 3, 48 Stat. 23, 24) constituting title II of the National Prohibition Act as amended and supplemented, were repealed to the extent in force in the District of Columbia, Puerto Rico and the Virgin Islands, Hawaii, and Alaska by acts Jan. 24, 1934, ch. 4, Sec. 1, 48 Stat. 319; Mar. 2, 1934, ch. 37, Sec. 2, 3, 48 Stat. 361; Mar. 26, 1934, ch. 88, Sec. 2, 3, 48 Stat. 467; and Apr. 13, 1934, ch. 119, Sec. 1, 5, 48 Stat. 583, 584, respectively. ------DocID 36108 Document 27 of 111------ -CITE- 27 USC Sec. 1 to 5 -EXPCITE- TITLE 27 CHAPTER 1 -HEAD- Sec. 1 to 5. Repealed. Aug. 27, 1935, ch. 740, title I, Sec. 1, 49 Stat. 872 -MISC1- Section 1, act Oct. 28, 1919, ch. 85, Sec. 1, 41 Stat. 305, set forth the short title of act as 'National Prohibition Act'. Section 2, act Nov. 23, 1921, ch. 134, Sec. 3, 42 Stat. 223, provided that this title apply to the United States and all territory subject to its jurisdiction, including the Territory of Hawaii and the Virgin Islands. Section 3, act Nov. 23, 1921, ch. 134, Sec. 5, 42 Stat. 223, authorized all laws relating to the manufacture and taxation of and traffic in intoxicating liquor, and all penalties for violations of such laws that were in force on Oct. 28, 1919, to continue in force, as to both beverage and nonbeverage liquor, except to the extent provisions of such laws were directly in conflict with provisions of this title. Section 4, acts Oct. 28, 1919, ch. 85, title II, Sec. 1, 41 Stat. 307; Nov. 23, 1921, ch. 134, Sec. 1, 42 Stat. 222, defined 'liquor' or 'intoxicating liquor', 'person', 'commissioner', 'application', 'permit', 'bond', and 'regulation'. Section 5, act Oct. 28, 1919, ch. 85, title II, Sec. 1, 41 Stat. 308, provided that any act authorized to be done by the commissioner could be performed by any assistant or agent designated by him for that purpose, and any records required to be filed with the commissioner could be filed with an assistant commissioner or any other person designated to receive such records. ------DocID 36109 Document 28 of 111------ -CITE- 27 USC CHAPTER 2 -EXPCITE- TITLE 27 CHAPTER 2 -HEAD- CHAPTER 2 - PROHIBITION OF INTOXICATING BEVERAGES -MISC1- This chapter, comprising sections 11 to 64, in large measure became inoperative by the adoption of the 21st Amendment to the Constitution. See note preceding sections 1 to 5 of this title. Repeal of provisions of this title affecting District of Columbia, Puerto Rico, Virgin Islands, Hawaii and Alaska, see note preceding sections 1 to 5 of this title. ------DocID 36110 Document 29 of 111------ -CITE- 27 USC Sec. 11 to 40 -EXPCITE- TITLE 27 CHAPTER 2 -HEAD- Sec. 11 to 40. Repealed. Aug. 27, 1935, ch. 740, title I, Sec. 1, 49 Stat. 872 -MISC1- Section 11, act Oct. 28, 1919, ch. 85, title II, Sec. 2, 41 Stat. 308, authorized Commissioner of Internal Revenue, his assistants, agents, and inspectors to swear out warrants before United States commissioners or other officers or courts authorized to issue warrants, and to investigate and report violations of this title to United States attorney for district in which violations were committed. Section 12, act Oct. 28, 1919, ch. 85, title II, Sec. 3, 41 Stat. 308, provided that no person manufacture, sell, barter, transport, import, export, deliver, furnish or possess any intoxicating liquor except as otherwise provided by provisions of this title. Section 13, act Oct. 28, 1919, ch. 85, title II, Sec. 4, 41 Stat. 309, exempted specified articles, after having been manufactured and prepared for market, from provisions of this title, required manufacturers of such exempt articles to secure permits, give bonds, keep records, and make reports, and made unlawful the failure to comply with any of foregoing requirements. Section 14, act Oct. 28, 1919, ch. 85, title II, Sec. 5, 41 Stat. 309, authorized commissioner to analyze specified manufactured articles in order to determine whether said articles constituted intoxicating liquors. Section 15, act Nov. 23, 1921, ch. 134, Sec. 2, 42 Stat. 222, authorized commissioner to order a change of formula of preparations used as a beverage or for intoxicating liquor purposes where sale or use of such preparations was substantially increased in community by reason of its use as a beverage or for intoxicating beverage purposes. Section 16, act Oct. 28, 1919, ch. 85, title II, Sec. 6, 41 Stat. 310, required that any person manufacturing, selling, purchasing, transporting, or prescribing any liquor, except liquor purchased and used for medicinal purposes when prescribed by a physician, liquor purchased and used in a bona fide hospital or sanitarium for treatment of alcoholism, and wine manufactured, etc., for sacramental or religious purposes, first obtain a permit from commissioner. Section 17, act Oct. 28, 1919, ch. 85, title II, Sec. 7, 41 Stat. 311, authorized no one but a physician holding a permit to prescribe liquor to issue any prescription for liquor, required every such physician to keep a record of every prescription issued, and required pharmacist filling each prescription issued to indorse upon it over his own signature 'canceled'. Section 18, act Nov. 23, 1921, ch. 134, Sec. 2, 42 Stat. 222, specified kinds of liquor which could be prescribed for medicinal purposes, percentage of alcohol in such prescriptions, and quantity permitted to be prescribed. Section 19, act Oct. 28, 1919, ch. 85, title II, Sec. 8, 41 Stat. 311, authorized commissioner to issue prescription blanks, free of cost, to physicians holding permits to prescribe liquor for medicinal purposes. Section 20, act Nov. 23, 1921, ch. 134, Sec. 2, 42 Stat. 222, set forth number of prescription blanks that could be issued to a physician, and number of prescriptions that could be issued by a physician. Section 21, act Oct. 28, 1919, ch. 85, title II, Sec. 9, 41 Stat. 311, set forth procedure by which commissioner could cite permittees believed not to be conforming to provisions of this title, or who had violated laws of any State relating to intoxicating liquors. Section 22, act Oct. 28, 1919, ch. 85, title II, Sec. 10, 41 Stat. 312, required every person manufacturing, purchasing, selling, or transporting any liquor to make and keep a permanent record of all such transactions. Section 23, act Oct. 28, 1919, ch. 85, title II, Sec. 11, 41 Stat. 312, required all manufacturers and wholesale or retail druggists to keep a copy of all permits to purchase on which a sale of any liquor was made. Section 24, act Oct. 28, 1919, ch. 85, title II, Sec. 12, 41 Stat. 312, required all persons manufacturing liquor for sale to attach labels to every container, and specified the information to be placed on such labels. Section 25, act Oct. 28, 1919, ch. 85, title II, Sec. 13, 41 Stat. 312, required every carrier to make a record at place of shipment of receipt of any liquor transported, and to deliver liquor only to persons presenting to him a verified copy of a permit to purchase. Section 26, act Oct. 28, 1919, ch. 85, title II, Sec. 14, 41 Stat. 312, made it unlawful for any person to use or induce any carrier, or any agent or employee thereof, to carry or ship any package or receptacle containing liquor without notifying carrier of true nature and character of shipment, and required all packages carrying liquor to contain enumerated information. Section 27, act Oct. 28, 1919, ch. 85, title II, Sec. 15, 41 Stat. 313, made it unlawful for any consignee to accept any package containing liquor upon which appeared a statement known by him to be false, or for any carrier to consign, etc., any such package, knowing such statement to be false. Section 28, act Oct. 28, 1919, ch. 85, title II, Sec. 16, 41 Stat. 313, made it unlawful to order a carrier to deliver liquor to any person not a bona fide consignee. Section 29, act Oct. 28, 1919, ch. 85, title II, Sec. 17, 41 Stat. 313, made it unlawful to advertise liquor, or manufacture, sale, or keeping for sale of liquor, and exempted manufacturers and wholesale druggists holding permits to sell liquor from prohibition when furnishing price lists to persons permitted to purchase liquor or when advertising in business publications. Section 30, act Oct. 28, 1919, ch. 85, title II, Sec. 18, 41 Stat. 313, made it unlawful to advertise, manufacture, sell, or possess for sale any utensil, ingredient, or formula intended for use in unlawful manufacture of intoxicating liquor. Section 31, act Oct. 28, 1919, ch. 85, title II, Sec. 19, 41 Stat. 313, prohibited any person from soliciting or receiving orders for liquor or giving information as to how liquor could be obtained in violation of this title. Section 32, act Oct. 28, 1919, ch. 85, title II, Sec. 20, 41 Stat. 313, gave a right of action to any person injured in person, property, means of support, or otherwise by any intoxicated person against any person who unlawfully sold liquor to such intoxicated person, or caused or contributed to such intoxication. Section 33, act Oct. 28, 1919, ch. 85, title II, Sec. 21, 41 Stat. 314, declared any property used in connection with a violation of this title to be a common nuisance, set forth punishment for maintenance of a common nuisance, and made owner of such property liable. Section 34, act Oct. 28, 1919, ch. 85, title II, Sec. 22, 41 Stat. 314, set forth procedure which authorized an action in equity to enjoin any nuisance defined in this title. Section 35, act Oct. 28, 1919, ch. 85, title II, Sec. 23, 41 Stat. 314, declared any person keeping or carrying liquor with intent to sell, or soliciting orders for liquor guilty of a nuisance and restrainable by injunction. Section 36, act Oct. 29, 1919, ch. 85, title II, Sec. 23, 41 Stat. 314, set forth fees of officers removing and selling property in enforcement of these provisions. Section 37, act Oct. 28, 1919, ch. 85, title II, Sec. 23, 41 Stat. 314, provided that any violation upon any leased premises by the lessee or occupant thereof could, at the option of the lessor, work a forfeiture of lease. Section 38, act Oct. 28, 1919, ch. 85, title II, Sec. 24, 41 Stat. 315, set forth procedure and punishment for violation of any injunction granted pursuant to these provisions. Section 39, act Oct. 28, 1919, ch. 85, title II, Sec. 25, 41 Stat. 315, prohibited unlawful possession of liquor or property designed for manufacture thereof, and authorized issuance of search warrants and destruction of unlawfully possessed liquor and property seized pursuant to such search warrants. Section 40, act Oct. 28, 1919, ch. 85, title II, Sec. 26, 41 Stat. 315, set forth procedure for seizure and destruction of unlawfully transported liquor and sale of any vehicle found to be used for such transportation. ------DocID 36111 Document 30 of 111------ -CITE- 27 USC Sec. 40a -EXPCITE- TITLE 27 CHAPTER 2 -HEAD- Sec. 40a. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862 -MISC1- Section, act Aug. 27, 1935, ch. 740, Sec. 204, 49 Stat. 878, related to remission or mitigation of forfeiture of a seized vehicle or aircraft. See section 3668 of Title 18, Crimes and Criminal Procedure. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 1, 1948, see section 20 of act June 25, 1948. ------DocID 36112 Document 31 of 111------ -CITE- 27 USC Sec. 41 to 43 -EXPCITE- TITLE 27 CHAPTER 2 -HEAD- Sec. 41 to 43. Repealed. Aug. 27, 1935, ch. 740, title III, Sec. 308(a), 49 Stat. 880 -MISC1- Section 41, act Mar. 3, 1925, ch. 438, Sec. 1, 43 Stat. 1116, related to use of forfeited vessels or vehicles for enforcement of provisions of this title in lieu of sale. Section 42, acts Mar. 3, 1925, ch. 438, Sec. 2, 43 Stat. 1116; May 27, 1930, ch. 342, Sec. 9, 10, 46 Stat. 430, related to application by a department head for which seizure of a vessel or vehicle is made to deliver such vessel or vehicle to Department of Justice for use in enforcement of this title, the 18th Amendment, or the customs laws. Section 43, act Mar. 3, 1925, ch. 438, Sec. 3, 43 Stat. 1116, related to limitation on use of forfeited vessels or vehicles. ------DocID 36113 Document 32 of 111------ -CITE- 27 USC Sec. 43a, 43b -EXPCITE- TITLE 27 CHAPTER 2 -HEAD- Sec. 43a, 43b. Omitted -COD- CODIFICATION Section 43a, acts May 14, 1937, ch. 180, Sec. 1, 50 Stat. 145; Mar. 28, 1938, ch. 55. Sec. 1, 52 Stat. 128, related to use by narcotics agents of motor vehicles confiscated pursuant to section 43 of this title. Section 43b, acts May 6, 1939, ch. 115, title I, Sec. 1, 53 Stat. 663; Mar. 25, 1940, ch. 71, title I, 54 Stat. 63, related to use by narcotics agents of motor vehicles confiscated pursuant to section 157 of this title. See section 3616 of Title 18, Crimes and Criminal Procedure. ------DocID 36114 Document 33 of 111------ -CITE- 27 USC Sec. 44 to 57 -EXPCITE- TITLE 27 CHAPTER 2 -HEAD- Sec. 44 to 57. Repealed. Aug. 27, 1935, ch. 740, title I, Sec. 1, 49 Stat. 872 -MISC1- Section 44, act Oct. 28, 1919, ch. 85, title II, Sec. 27, 41 Stat. 316, authorized delivery to any department or agency of United States, for medicinal, mechanical, or scientific use, or private sale for such purposes to any person having a permit to purchase, of liquor subject to destruction pursuant to provisions of this title. Section 45, act Oct. 28, 1919, ch. 85, title II, Sec. 28, 41 Stat. 316, gave to commissioner, his assistants, agents, and inspectors all power and protection in enforcement of this title which had been conferred by law for enforcement of prior laws relating to manufacture or sale of intoxicating liquor. Section 46, act Oct. 28, 1919, ch. 85, title II, Sec. 29, 41 Stat. 316, set forth punishment for any person found guilty of unlawfully manufacturing or selling liquor, violating provisions of any permit, or making any false record, report, or affidavit. Section 47, act Oct. 28, 1919, ch. 85, title II, Sec. 30, 41 Stat. 317, took away privilege against self-incrimination from any person ordered to testify or produce books, papers, etc., and provided that any person so ordered to testify or produce would be immune from any prosecution based on evidence provided. Section 48, act Oct. 28, 1919, ch. 85, title II, Sec. 31, 41 Stat. 317, set forth venue in any prosecution for unlawful sale of liquor. Section 49, act Oct. 28, 1919, ch. 85, title II, Sec. 32, 41 Stat. 317, authorized joinder of separate offenses in prosecutions for violations of this title, and set forth requirements for any affidavit, information, or indictment issued pursuant to such prosecutions. Section 50, act Oct. 28, 1919, ch. 85, title II, Sec. 33, 41 Stat. 317, made possession of liquor by any person not legally permitted to possess liquor prima facie evidence of unlawful purpose. Section 51, act Oct. 28, 1919, ch. 85, title II, Sec. 34, 41 Stat. 317, authorized inspection by duly authorized personnel of records and reports required to be kept or filed pursuant to this title, and introduction into evidence of duly certified copies of such records and reports. Section 52, act Oct. 28, 1919, ch. 85, title II, Sec. 35, 41 Stat. 317, repealed all provisions of law inconsistent with these provisions, and provided that regulations promulgated pursuant to these provisions were to be construed as in addition to existing laws. Section 53, act Nov. 23, 1921, ch. 134, Sec. 5, 42 Stat. 223, set forth procedure for assessment and collection of all taxes and penalties provided for in section 52 of this title. Section 54, act Nov. 23, 1921, ch. 134, Sec. 5, 42 Stat. 223, exempted from taxation distilled spirits lost by theft, accidental fire, or other casualty, where such loss did not occur as a result of negligence or fraud on part of owner or custodian. Section 55, act Oct. 28, 1919, ch. 85, title II, Sec. 35, 41 Stat. 317, authorized commissioner to compromise any civil cause arising under these provisions with approval of Secretary of the Treasury before bringing action in court, and with approval of Attorney General after action was commenced. Section 56, act Nov. 23, 1921, ch. 134, Sec. 2, 42 Stat. 22, limited quantity of spirituous and vinous liquor that could be imported into or manufactured in United States. Section 57, act Oct. 28, 1919, ch. 85, title II, Sec. 37, 41 Stat. 318, exempted from these provisions storage in or transportation to bonded warehouses of liquor manufactured prior to the taking effect of these provisions. ------DocID 36115 Document 34 of 111------ -CITE- 27 USC Sec. 58 to 60 -EXPCITE- TITLE 27 CHAPTER 2 -HEAD- Sec. 58 to 60. Repealed. Mar. 22, 1933, ch. 4, Sec. 2, 48 Stat. 17 -MISC1- Section 58, act Oct. 28, 1919, ch. 85, title II, Sec. 37, 41 Stat. 318, related to development of liquids containing less than one-half of one per centum of alcohol. Section 59, act Oct. 28, 1919, ch. 85, title II, Sec. 37, 41 Stat. 318, related to tax on fortified wines for nonbeverage alcohol. Section 60, act Oct. 28, 1919, ch. 85, title II, Sec. 37, 41 Stat. 318, related to burden of proof with regard to alcoholic content. ------DocID 36116 Document 35 of 111------ -CITE- 27 USC Sec. 61, 62 -EXPCITE- TITLE 27 CHAPTER 2 -HEAD- Sec. 61, 62. Repealed. Aug. 27, 1935, ch. 740, title I, Sec. 1, 49 Stat. 872 -MISC1- Section 61, act Oct. 28, 1919, ch. 85, title II, Sec. 38, 41 Stat. 319, authorized Commissioner of Internal Revenue and Attorney General of the United States to hire employees and purchase equipment and supplies necessary for enforcement to this title. Section 62, act Oct. 28, 1919, ch. 85, title II, Sec. 39, 41 Stat. 319, authorized issuance of a summons to any person whose property rights were proceeded against or could be affected by a judgment rendered in a proceeding where such person was not the one who in person violated provisions of law. ------DocID 36117 Document 36 of 111------ -CITE- 27 USC Sec. 63 -EXPCITE- TITLE 27 CHAPTER 2 -HEAD- Sec. 63. Repealed. June 19, 1934, ch. 657, Sec. 3, 48 Stat. 1116 -MISC1- Section, acts Oct. 28, 1919, ch. 85, title III, Sec. 20, 41 Stat. 322; July 5, 1932, ch. 428, 47 Stat. 579, made it unlawful to introduce into Canal Zone, or to manufacture, sell, transport, or possess within Canal Zone, any intoxicating liquors, except for sacramental, scientific, or medicinal purposes. ------DocID 36118 Document 37 of 111------ -CITE- 27 USC Sec. 63a to 63d -EXPCITE- TITLE 27 CHAPTER 2 -HEAD- Sec. 63a to 63d. Transferred -COD- CODIFICATION Sections 63a to 63d, act June 19, 1934, ch. 657, Sec. 1-4, 48 Stat. 1116, which were transferred to sections 1314b to 1314e, respectively, of Title 48, Territories and Insular Possessions, were subsequently repealed by act Aug. 10, 1949, ch. 415, Sec. 9(d), 63 Stat. 597. Section 63a, act June 19, 1934, ch. 657, Sec. 1, 48 Stat. 1116, which authorized President to make rules and regulations with respect to alcoholic beverages in Canal Zone, was transferred to section 1314b of Title 48. Section 63b, act June 19, 1934, ch. 657, Sec. 2, 48 Stat. 1116, which related to punishment for violation of any rules and regulations, was transferred to section 1314c of Title 48. Section 63c, act June 19, 1934, ch. 657, Sec. 3, 48 Stat. 1116, which related to repeal of prior laws, was transferred to section 1314d of Title 48. Section 63d, act June 19, 1934, ch. 657, Sec. 4, 48 Stat. 1116, which related to effective date of sections 63a to 63d of this title, was transferred to section 1314e of Title 48. ------DocID 36119 Document 38 of 111------ -CITE- 27 USC Sec. 64 -EXPCITE- TITLE 27 CHAPTER 2 -HEAD- Sec. 64. Repealed. Aug. 27, 1935, ch. 740, title I, Sec. 1, 49 Stat. 872 -MISC1- Section, act Oct. 28, 1919, ch. 85, title II, Sec. 36, 41 Stat. 318, provided that invalidity of any provision of this title would not be construed to render invalid other provisions of this title. ------DocID 36120 Document 39 of 111------ -CITE- 27 USC CHAPTER 2A -EXPCITE- TITLE 27 CHAPTER 2A -HEAD- CHAPTER 2A - BEER, ALE, PORTER, AND SIMILAR FERMENTED LIQUOR ------DocID 36121 Document 40 of 111------ -CITE- 27 USC Sec. 64a to 64o -EXPCITE- TITLE 27 CHAPTER 2A -HEAD- Sec. 64a to 64o. Repealed. Aug. 27, 1935, ch. 740, title II, Sec. 202(a), 49 Stat. 877 -MISC1- Section 64a, act Mar. 22, 1933, ch. 4, Sec. 3, 48 Stat. 17, related to manufacture, sale, and transfer of beer, ale, porter, etc., of not more than 3.2 per centum of alcohol. Section 64b, act Mar. 22, 1933, ch. 4, Sec. 3(c), 48 Stat. 17, related to use of mails for advertisements of beer, ale, porter, etc., of not more than 3.2 per centum of alcohol. Section 64c, act Mar. 22, 1933, ch. 4, Sec. 4, 48 Stat. 17, related to permits to manufacture for sale beer, ale, porter, etc., of not more than 3.2 per centum of alcohol. Section 64d, act Mar. 22, 1933, ch. 4, Sec. 4(b), 48 Stat. 18, related to development of beer, ale, porter, etc., of an alcoholic content in excess of that specified in permit with a proviso that such content will subsequently be reduced to prescribed limit. Section 64e, act Mar. 22, 1933, ch. 4, Sec. 4(b)(2), 48 Stat. 18, related to exemption from taxation of fortified wines when used for production of nonbeverage alcohol. Section 64f, act Mar. 22, 1933, ch. 4, Sec. 4(b)(4), 48 Stat. 18, related to burden of proof as to alcoholic content of beer, ale, porter, etc. Section 64g, act Mar. 22, 1933, ch. 4, Sec. 4(c), 48 Stat. 18, related to penalties for unlawful manufacture or sale of beer, ale, porter, etc., under this chapter. Section 64h, act Mar. 22, 1933, ch. 4, Sec. 4(d), 48 Stat. 19, related to geographical applications of sections 64c to 64g of this title. Section 64i, act Mar. 22, 1933, ch. 4, Sec. 5, 48 Stat. 19, related to requirement that at time of sale any beer, ale, porter, etc., manufactured under this chapter must contain no more than 3.2 per centum of alcohol. Section 64j, act Mar. 22, 1933, ch. 4, Sec. 6, 48 Stat. 19, related to prohibition of shipment of beer, ale, porter, etc., of an alcoholic content of 3.2 per centum into dry States. Section 64k, act Mar. 22, 1933, ch. 4, Sec. 7, 48 Stat. 19, related to penalties for violation of prohibition of shipment of beer, ale, porter, etc., into dry States. Section 64l, act Mar. 22, 1933, ch. 4, Sec. 8, 48 Stat. 19, related to penalties and forfeitures incurred prior to effective date of chapter. Section 64m, act Mar. 22, 1933, ch. 4, Sec. 1(c), 48 Stat. 16, related to effect of chapter on existing legislation with respect to internal revenue laws. Section 64n, act Mar. 22, 1933, ch. 4, Sec. 9, 48 Stat. 19, related to effective date of chapter. Section 64o, act Mar. 22, 1933, ch. 4, Sec. 10, 48 Stat. 20, provided for a savings clause for provisions of chapter. ------DocID 36122 Document 41 of 111------ -CITE- 27 USC Sec. 64p -EXPCITE- TITLE 27 CHAPTER 2A -HEAD- Sec. 64p. Omitted -COD- CODIFICATION Section, act June 16, 1933, ch. 105, 48 Stat. 311, authorized legalization of manufacture and sale of 3.2 beer in State of Oklahoma. ------DocID 36123 Document 42 of 111------ -CITE- 27 USC CHAPTER 3 -EXPCITE- TITLE 27 CHAPTER 3 -HEAD- CHAPTER 3 - INDUSTRIAL ALCOHOL ------DocID 36124 Document 43 of 111------ -CITE- 27 USC Sec. 71 to 90a -EXPCITE- TITLE 27 CHAPTER 3 -HEAD- Sec. 71 to 90a. Omitted -COD- CODIFICATION Sections 71 to 75, 78 to 81, 83 to 88, and 90, contained provisions which were incorporated in various sections of the Internal Revenue Code of 1939. For distribution of the Internal Revenue Code of 1939 to the Internal Revenue Code of 1986, see Table I preceding section 1 of Title 26, Internal Revenue Code. Section 71, act Oct. 28, 1919, ch. 85, title III, Sec. 1, 41 Stat. 319, which defined 'alcohol' and 'container', was incorporated in section 3124(a)(1), (2) of Internal Revenue Code of 1939. Section 72, act Oct. 28, 1919, ch. 85, title III, Sec. 2, 41 Stat. 319, provided that a person establishing a plant for production of industrial alcohol shall, before operation, make application to commissioner for registration of his plant, was incorporated in section 3100(a) of Internal Revenue Code of 1939. Section 73, acts Oct. 28, 1919, ch. 85, title III, Sec. 3, 41 Stat. 319; Aug. 27, 1935, ch. 740, Sec. 17, 49 Stat. 876; June 26, 1936, ch. 830, title III, Sec. 329(a), 49 Stat. 1957, provided that warehouses for storage and distribution of alcohol to be used for other than beverage purposes may be established upon filing of application and bond and issuance of permit at such places, was incorporated in section 3101(a) of Internal Revenue Code of 1939. Section 74, act Oct. 28, 1919, ch. 85, title III, Sec. 4, 41 Stat. 320, related to transfer of registered industrial alcohol to other registered industrial alcohol plants or bonded warehouses, was incorporated in section 3107 of Internal Revenue Code of 1939. Section 74a, acts Feb. 24, 1919, ch. 18, Sec. 609, 40 Stat. 1109; June 26, 1936, ch. 830, title III, Sec. 320, 49 Stat. 1953, related to removal of taxable fermented liquors from brewery premises where produced to a contiguous industrial alcohol plant without payment of tax, was incorporated in section 3104 of Internal Revenue Code of 1939. Section 74b, acts Feb. 24, 1919, ch. 18, Sec. 602, 40 Stat. 1106; June 26, 1936, ch. 830, title III, Sec. 308, 49 Stat. 1946, related to transfer of spirits produced at registered distilleries and in receiving cisterns in such distilleries to Internal Revenue Bonded Warehouses for storage until tax payment is made or where tax payment was made, retention of spirits in receiving cisterns, was incorporated in section 2883 of Internal Revenue Code of 1939. Section 75, act Oct. 28, 1919, ch. 85, title III, Sec. 5, 41 Stat. 320, related to time of attachment of any tax imposed by law on alcohol and liability of proprietors of industrial alcohol plants for such taxes, was incorporated in section 3112(a) of Internal Revenue Code of 1939. Section 76, act Oct. 28, 1919, ch. 85, title III, Sec. 6, 41 Stat. 320, related to withdrawal, on or before effective date of 18th Amendment, of distilled spirits remaining in bonded warehouses for denaturing or deposit in warehouses established under chapter. Section 77, act Oct. 28, 1919, ch. 85, title III, Sec. 7, 41 Stat. 320, related to operation of any distillery or bonded warehouse as an industrial alcohol plant or bonded warehouse under chapter. Section 78, act Oct. 28, 1919, ch. 85, title III, Sec. 8, 41 Stat. 320, related to restrictions concerning production, use, or sale of alcohol, was incorporated in section 3106(a) of Internal Revenue Code of 1939. Section 79, act Oct. 28, 1919, ch. 85, title III, Sec. 9, 41 Stat. 320, related to exemption of industrial alcohol plants and bonded warehouses under this chapter from certain laws, was incorporated in section 3103 of Internal Revenue Code of 1939. Section 80, act Oct. 28, 1919, ch. 85, title III, Sec. 10, 41 Stat. 320, related to establishment of denaturing plants and tax-free sale of denatured alcohol, was incorporated in sections 3102, 3109, and 3110 of Internal Revenue Code of 1939. Section 81, acts Oct. 28, 1919, ch. 85, title III, Sec. 11, 41 Stat. 321; Aug. 27, 1935, ch. 740, Sec. 18, 49 Stat. 876; June 26, 1936, ch. 830, title III, Sec. 329(b), 49 Stat. 1957, related to withdrawal of alcohol produced at any industrial alcohol plant tax-free for denaturing, for use by any scientific university, for scientific research by any laboratory, or for use in any hospital or sanitarium, was incorporated in sections 3108(a) and 3124(a) of Internal Revenue Code of 1939. Section 82, act Oct. 28, 1919, ch. 85, title III, Sec. 12, 41 Stat. 321, provided that penalties in chapter shall be in addition to those penalties in chapter 2 of this title unless expressly stated otherwise. Section 83, act Oct. 28, 1919, ch. 85, title III, Sec. 13, 41 Stat. 321, authorized commissioner to issue regulations respecting the establishment, bonding, and operation of industrial alcohol plants, denaturing plants, and bonded warehouses under this chapter, was incorporated in section 3105 of Internal Revenue Code of 1939. Section 84, act Oct. 28, 1919, ch. 85, title III, Sec. 14, 41 Stat. 321, related to a refund of tax on alcohol for loss, evaporation, shrinkage, or leakage, was incorporated in section 3113 of Internal Revenue Code of 1939. Section 85, act Oct. 28, 1919, ch. 85, title III, Sec. 15, 41 Stat. 321, provided for punishment for unlawful operation of industrial alcohol plants or denaturing plants, was incorporated in section 3115(a) of Internal Revenue Code of 1939. Section 86, act Oct. 28, 1919, ch. 85, title III, Sec. 16, 41 Stat. 322, related to collection of any tax on alcohol by assessment or by stamp, was incorporated in section 3112(a) of Internal Revenue Code of 1939. Section 87, act Oct. 28, 1919, ch. 85, title III, Sec. 17, 41 Stat. 322, related to release of seized property to claimant or any intervening party at discretion of commissioner, was incorporated in section 3118 of Internal Revenue Code of 1939. Section 88, act Oct. 28, 1919, ch. 85, title III, Sec. 18, 41 Stat. 322, related to applicability of administrative provisions of internal revenue laws, was incorporated in section 3122 of Internal Revenue Code of 1939. Section 89, act Oct. 28, 1919, ch. 85, title III, Sec. 19, 41 Stat. 322, provided for repeal of prior laws relating to alcohol. Section 90, act June 26, 1936, ch. 830, title III, Sec. 329(c), 49 Stat. 1957, related to extension of industrial alcohol laws to Puerto Rico and Virgin Islands, was incorporated in section 3123 of Internal Revenue Code of 1939. Section 90a, act June 26, 1936, ch. 830, title IV, Sec. 414, 49 Stat. 1964, related to effect of act June 26, 1936, upon chapter. ------DocID 36125 Document 44 of 111------ -CITE- 27 USC CHAPTER 4 -EXPCITE- TITLE 27 CHAPTER 4 -HEAD- CHAPTER 4 - PENALTIES ------DocID 36126 Document 45 of 111------ -CITE- 27 USC Sec. 91, 92 -EXPCITE- TITLE 27 CHAPTER 4 -HEAD- Sec. 91, 92. Repealed. Aug. 27, 1935, ch. 740, title I, Sec. 1, 49 Stat. 872 -MISC1- Section 91, acts Mar. 2, 1929, ch. 473, Sec. 1, 45 Stat. 1446; Jan. 15, 1931, ch. 29, 46 Stat. 1036, set forth maximum penalties that could be imposed in a criminal prosecution for illegal manufacture, sale, transportation, importation, or exportation of intoxicating liquor, as defined in section 4 of this title. Section 92, act Mar. 2, 1929, ch. 473, Sec. 2, 45 Stat. 1446, provided that section 91 of this title did not operate to repeal or eliminate any minimum penalty provided by this title for first or subsequent offense. ------DocID 36127 Document 46 of 111------ -CITE- 27 USC CHAPTER 5 -EXPCITE- TITLE 27 CHAPTER 5 -HEAD- CHAPTER 5 - PROHIBITION REORGANIZATION ACT OF 1930 ------DocID 36128 Document 47 of 111------ -CITE- 27 USC Sec. 101 to 108 -EXPCITE- TITLE 27 CHAPTER 5 -HEAD- Sec. 101 to 108. Repealed. Aug. 27, 1935, ch. 740, title I, Sec. 1, 49 Stat. 872 -MISC1- Section 101, act May 27, 1930, ch. 342, Sec. 1, 46 Stat. 427, provided that this chapter may be cited as the 'Prohibition Reorganization Act of 1930'. Section 102, act May 27, 1930, ch. 342, Sec. 2, 46 Stat. 427, established a Bureau of Prohibition in Department of Justice and authorized appointment of a Director and Assistant Director of Prohibition and designation of officers and employees. Section 103, act May 27, 1930, ch. 342, Sec. 3, 46 Stat. 428, related to creation of an enforcement division in Bureau of Prohibition in Treasury Department. Section 104, act May 27, 1930, ch. 342, Sec. 4, 46 Stat. 428, related to imposition of duties on Attorney General with respect to enforcement of prohibition laws. Section 105, acts May 27, 1930, ch. 342, Sec. 5, 46 Stat. 429; Mar. 31, 1933, ch. 18, Sec. 4, 48 Stat. 24, authorized Attorney General and Secretary of the Treasury to jointly prescribe regulations relating to permits and prescriptions for liquor for medicinal purposes. Section 106, act May 27, 1930, ch. 342, Sec. 6, 46 Stat. 429, related to filing of reports by Attorney General with Secretary of the Treasury with respect to civil liabilities for taxes and penalties and filing of reports by Secretary of the Treasury with Attorney General with respect to revocation of permits. Section 107, act May 27, 1930, ch. 342, Sec. 7, 46 Stat. 429, related to grant, renewal, and amendment of permits. Section 108, act May 27, 1930, ch. 342, Sec. 8, 46 Stat. 430, provided that Bureau of Prohibition shall hereafter be known as Bureau of Industrial Alcohol, and Commissioner of Prohibition shall hereafter have title of Commissioner of Industrial Alcohol. ------DocID 36129 Document 48 of 111------ -CITE- 27 USC CHAPTER 6 -EXPCITE- TITLE 27 CHAPTER 6 -HEAD- CHAPTER 6 - TRANSPORTATION IN INTERSTATE COMMERCE -MISC1- Sec. 121. State statutes as operative on termination of transportation; original packages. 122. Shipments into States for possession or sale in violation of State law. 123. Repealed. ------DocID 36130 Document 49 of 111------ -CITE- 27 USC Sec. 121 -EXPCITE- TITLE 27 CHAPTER 6 -HEAD- Sec. 121. State statutes as operative on termination of transportation; original packages -STATUTE- All fermented, distilled, or other intoxicating liquors or liquids transported into any State or Territory or remaining therein for use, consumption, sale, or storage therein, shall upon arrival in such State or Territory be subject to the operation and effect of the laws of such State or Territory enacted in the exercise of its police powers, to the same extent and in the same manner as though such liquids or liquors had been produced in such State or Territory, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise. -SOURCE- (Aug. 8, 1890, ch. 728, 26 Stat. 313.) -MISC1- SHORT TITLE Act Aug. 8, 1890, is popularly known as the 'Wilson Act' or the 'Original Packages Act'. ------DocID 36131 Document 50 of 111------ -CITE- 27 USC Sec. 122 -EXPCITE- TITLE 27 CHAPTER 6 -HEAD- Sec. 122. Shipments into States for possession or sale in violation of State law -STATUTE- The shipment or transportation, in any manner or by any means whatsoever, of any spirituous, vinous, malted, fermented, or other intoxicating liquor of any kind from one State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, into any other State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, or from any foreign country into any State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, which said spirituous, vinous, malted, fermented, or other intoxicating liquor is intended, by any person interested therein, to be received, possessed, sold, or in any manner used, either in the original package or otherwise, in violation of any law of such State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, is prohibited. -SOURCE- (Mar. 1, 1913, ch. 90, 37 Stat. 699; Aug. 27, 1935, ch. 740, Sec. 202(b), 49 Stat. 877.) -MISC1- AMENDMENTS 1935 - Act Aug. 27, 1935, reenacted section without change. SHORT TITLE Act Mar. 1, 1913, is popularly known as the 'Webb-Kenyon Act'. ------DocID 36132 Document 51 of 111------ -CITE- 27 USC Sec. 123 -EXPCITE- TITLE 27 CHAPTER 6 -HEAD- Sec. 123. Repealed. June 25, 1936, ch. 815, Sec. 9, 49 Stat. 1930 -MISC1- Section, acts Mar. 3, 1917, ch. 162, Sec. 5, 39 Stat. 1069; Mar. 4, 1917, ch. 192, 39 Stat. 1202; Feb. 24, 1919, ch. 18, Sec. 1407, 40 Stat. 1151; Jan. 11, 1934, ch. 1, title I, Sec. 12, 48 Stat. 316, prescribed punishment for violation of section 122 of this title. ------DocID 36133 Document 52 of 111------ -CITE- 27 USC CHAPTER 7 -EXPCITE- TITLE 27 CHAPTER 7 -HEAD- CHAPTER 7 - LIQUOR LAW REPEAL AND ENFORCEMENT ACT ------DocID 36134 Document 53 of 111------ -CITE- 27 USC Sec. 151 to 167 -EXPCITE- TITLE 27 CHAPTER 7 -HEAD- Sec. 151 to 167. Omitted -COD- CODIFICATION Sections contained provisions which were incorporated in various sections of the Internal Revenue Code of 1939. For distribution of the Internal Revenue Code of 1939 to the Internal Revenue Code of 1986, see Table I preceding section 1 of Title 26, Internal Revenue Code. Section 151, act Aug. 27, 1935, ch. 740, Sec. 2, 49 Stat. 872, defined 'person', 'Commissioner', 'application', 'permit', 'bond', 'regulation', and 'articles', was incorporated in section 3124(a)(3)-(8) of the Internal Revenue Code of 1939. Section 152, act Aug. 27, 1935, ch. 740, Sec. 3, 49 Stat. 872, authorized Commissioner, his assistants, agents, and inspectors to investigate and report to United States attorney violations of this chapter and chapter 3 of this title, was incorporated in section 3117(a) of the Internal Revenue Code of 1939. Section 153, act Aug. 27, 1935, ch. 740, Sec. 4, 49 Stat. 872, subjected violators of laws relating to denatured alcohol to laws relating to nondenatured alcohol, was incorporated in section 3111 of Internal Revenue Code of 1939. Section 154, act Aug. 27, 1935, ch. 740, Sec. 5, 49 Stat. 873, related to revocation of manufacturer's permits for false descriptions of denatured alcohol, was incorporated in section 3114(c) of Internal Revenue Code of 1939. Section 155, act Aug. 27, 1935, ch. 740, Sec. 6, 49 Stat. 873, required persons manufacturing or dealing in denatured alcohol to obtain a permit from Commissioner, was incorporated in section 3114(a) of Internal Revenue Code of 1939. Section 156, act Aug. 27, 1935, ch. 740, Sec. 7, 49 Stat. 874, provided for revocation of permits by Commissioner where terms of permit have been violated or provisions of this chapter and chapter 3 of this title have not been conformed to or other laws and regulations relating to intoxicating liquor have been violated, was incorporated in section 3114(b) of Internal Revenue Code of 1939. Section 157, act Aug. 27, 1935, ch. 740, Sec. 8, 49 Stat. 874, related to search, seizure, and forfeiture of liquor or property to be used in violation of this chapter or chapter 3 of this title or laws or regulations with respect to intoxicating liquor, was incorporated in section 3116 of Internal Revenue Code of 1939. Section 158, act Aug. 27, 1935, ch. 740, Sec. 9, 49 Stat. 875, related to rights, privileges, powers, and protection of Commissioner and his assistants and employees, was incorporated in section 3121(a) of Internal Revenue Code of 1939. Section 159, act Aug. 27, 1935, ch. 740, Sec. 10, 49 Stat. 875, related to penalties prescribed for violation of provisions of this chapter, was incorporated in section 3115(b) of Internal Revenue Code of 1939. Section 160, act Aug. 27, 1935, ch. 740, Sec. 11, 49 Stat. 875, related to privileges and immunities of witnesses, was incorporated in section 3119 of Internal Revenue Code of 1939. Section 161, act Aug. 27, 1935, ch. 740, Sec. 12, 49 Stat. 875, related to place of sale when delivery is made by a carrier for purposes of prosecution or revocation of any permit, was incorporated in section 3114(d) of Internal Revenue Code of 1939. Section 162, act Aug. 27, 1935, ch. 740, Sec. 13, 49 Stat. 875, related to affidavits, information, and indictments for violation of this chapter, was incorporated in section 3120 of Internal Revenue Code of 1939. Section 163, act Aug. 27, 1935, ch. 740, Sec. 14, 49 Stat. 876, related to inspection of records, liquor, and property with respect to this chapter by Commissioner, was incorporated in section 3121(c) of Internal Revenue Code of 1939. Section 164, act Aug. 27, 1935, ch. 740, Sec. 2, 49 Stat. 872, authorized Commissioner to designate assistants or agents to perform certain duties, was incorporated in section 3121(d) of Internal Revenue Code of 1939. Section 165, act Aug. 27, 1935, ch. 740, Sec. 15, 49 Stat. 876, provided that a conviction under this chapter or chapter 3 of this title will bar a subsequent prosecution under another law relating to intoxicating liquors, was incorporated in section 3115(c) of Internal Revenue Code of 1939. Section 166, act Aug. 27, 1935, ch. 740, Sec. 16, 49 Stat. 876, provided that no tax will be assessed or collected where distilled spirits are lost, stolen, or destroyed by fire or other casualty, was incorporated in section 3113(a) of Internal Revenue Code of 1939. Section 167, act Aug. 27, 1935, ch. 740, Sec. 1, 49 Stat. 872, provided that this chapter may be cited as 'Liquor Law Repeal and Enforcement Act'. ------DocID 36135 Document 54 of 111------ -CITE- 27 USC CHAPTER 8 -EXPCITE- TITLE 27 CHAPTER 8 -HEAD- CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT -MISC1- SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION Sec. 201. Short title. 202. General provisions. (a) to (d) Omitted. (e) Expenditures. (f) Utilization of other governmental agencies. (g) Applicability of other laws. (h) Reports to Secretary. 202a to 202c. Repealed or Omitted. 203. Unlawful businesses without permit; application to State agency. 204. Permits. (a) Who entitled thereto. (b) Refusal of permit; hearing. (c) Form of application. (d) Conditions. (e) Revocation, suspension, and annulment. (f) Service of orders. (g) Duration. (h) Appeal; procedure. (i) Limitation. 205. Unfair competition and unlawful practices. (a) Exclusive outlet. (b) 'Tied house'. (c) Commercial bribery. (d) Consignment sales. (e) Labeling. (f) Advertising. 206. Bulk sales and bottling. (a) Offenses. (b) Penalty. (c) 'In bulk' defined. 207. Penalties; jurisdiction; compromise of liability. 208. Interlocking directorates. (a) Offenses. (b) Conditions of lawfully taking office. (c) 'Company' defined. (d) Penalty. 209, 210. Omitted. 211. Miscellaneous provisions. (a) Definitions. (b) Right to amend or repeal. (c) Separability. 212. Omitted. SUBCHAPTER II - ALCOHOLIC BEVERAGE LABELING 213. Declaration of policy and purpose. 214. Definitions. 215. Labeling requirement. (a) Statement required on container. (b) Conspicuous and prominent location of statement on container. (c) Alcoholic beverages intended for export; beverages intended for Armed Forces of the United States. (d) Powers of Secretary; rules and regulations; consultation and coordination with Surgeon General. 216. Preemption. 217. Report to Congress. 218. Civil penalties. 219. Injunction proceedings; compromise of liability. 219a. Severability. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 15 section 1459; title 19 section 1754; title 26 section 5171. ------DocID 36136 Document 55 of 111------ -CITE- 27 USC SUBCHAPTER I -EXPCITE- TITLE 27 CHAPTER 8 SUBCHAPTER I -HEAD- SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION ------DocID 36137 Document 56 of 111------ -CITE- 27 USC Sec. 201 -EXPCITE- TITLE 27 CHAPTER 8 SUBCHAPTER I -HEAD- Sec. 201. Short title -STATUTE- This subchapter may be cited as the 'Federal Alcohol Administration Act'. -SOURCE- (Aug. 29, 1935, ch. 814, title I, Sec. 101, formerly Sec. 1, 49 Stat. 977; renumbered title I, Sec. 101, and amended Nov. 18, 1988, Pub. L. 100-690, title VIII, Sec. 8001(a)(1), (2), (b)(1), 102 Stat. 4517, 4521.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-690, Sec. 8001(b)(1), amended section generally, substituting 'subchapter' for 'chapter'. SHORT TITLE Section 201 of title II of act Aug. 29, 1935, as added Nov. 18, 1988, Pub. L. 100-690, title VIII, Sec. 8001(a)(3), 102 Stat. 4518, provided that: 'This title (enacting subchapter II of this chapter) may be cited as the 'Alcoholic Beverage Labeling Act of 1988'.' -TRANS- TRANSFER OF FUNCTIONS Federal Alcohol Administration and offices of members and Administrator thereof were abolished and their functions directed to be administered under direction and supervision of Secretary of Treasury through Bureau of Internal Revenue (now Internal Revenue Service) in Department of Treasury, by Reorg. Plan No. III of 1940, Sec. 2, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1232, set out in the Appendix to Title 5, Government Organization and Employees. See also, sections 8 and 9 of said plan for provisions relating to transfer of records, property, personnel, and funds. Section 2 of Reorg. Plan No. III of 1940 was repealed as executed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, 1085, the first section of which enacted Title 31, Money and Finance. Department of the Treasury Order 221 of July 1, 1972, established the Bureau of Alcohol, Tobacco and Firearms and transferred to it the alcohol and functions of the Internal Revenue Service. ------DocID 36138 Document 57 of 111------ -CITE- 27 USC Sec. 202 -EXPCITE- TITLE 27 CHAPTER 8 SUBCHAPTER I -HEAD- Sec. 202. General provisions -STATUTE- (a) to (d) Omitted (e) Expenditures Appropriations to carry out powers and duties of the Secretary of the Treasury under this chapter shall be available for expenditure, among other purposes, for personal services and rent in the District of Columbia and elsewhere, expenses for travel and subsistence, for law books, books of reference, magazines, periodicals, and newspapers, for contract stenographic reporting services, for subscriptions for library services, for purchase of samples for analysis or use as evidence, and for holding conferences of State and Federal liquor control officials. (f) Utilization of other governmental agencies The Secretary of the Treasury may, with the consent of the department or agency affected, utilize the services of any department or other agency of the Government to the extent necessary to carry out his powers and duties under this chapter and authorize officers and employees thereof to act as his agents. (g) Applicability of other laws The provisions including penalties, of sections 49 and 50 of title 15, shall be applicable to the jurisdiction, powers, and duties of the Secretary of the Treasury under this chapter, and to any person (whether or not a corporation) subject to the provisions of laws administered by the Secretary of the Treasury under this chapter. (h) Reports to Secretary The Secretary of the Treasury is authorized to require, in such manner and form as he shall prescribe, such reports as are necessary to carry out his powers and duties under this chapter. -SOURCE- (Aug. 29, 1935, ch. 814, title I, Sec. 102, formerly Sec. 2, 49 Stat. 977; 1940 Reorg. Plan No. III, Sec. 2, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; Aug. 7, 1946, ch. 770, Sec. 1(46), 60 Stat. 870; renumbered title I, Sec. 102, Nov. 18, 1988, Pub. L. 100-690, title VIII, Sec. 8001(a)(1), (2), 102 Stat. 4517.) -COD- CODIFICATION Subsections (a) to (d) provided for the creation of a Federal Alcohol Administration as a division of the Treasury Department. By act June 26, 1936, ch. 830, title V, 49 Stat. 1964, however, those subsections were repealed and a new Administration created as an independent agency. The repealing act was to be effective when the new administrators authorized thereby were appointed. While the officers so authorized were never appointed and the repeal therefore never became effective, subsections (a) to (d) have been omitted in view of Reorg. Plan No. III of 1940, set out in the Appendix to Title 5, Government Organization and Employees, which abolished the Administration and transferred its functions to the Secretary of the Treasury to be administered through the Bureau of Internal Revenue (now Internal Revenue Service). See, also, Transfer of Functions note set out under section 201 of this title. -MISC3- AMENDMENTS 1946 - Subsec. (i). Act Aug. 7, 1946, struck out subsec. (i) which related to reports to Congress by the Secretary of the Treasury with respect to the administration of the functions charged to the Secretary under this chapter. ------DocID 36139 Document 58 of 111------ -CITE- 27 USC Sec. 202a, 202b -EXPCITE- TITLE 27 CHAPTER 8 SUBCHAPTER I -HEAD- Sec. 202a, 202b. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 649 -MISC1- Section 202a, act June 26, 1936, ch. 830, title V, Sec. 501, 49 Stat. 1964, established the Federal Alcohol Administration, and provided for appointment, duties, and pay of its employees. Section 202b, act June 26, 1936, ch. 830, title V, Sec. 502, 49 Stat. 1964, provided for appointment, pay, tenure, and powers of members of the Federal Alcohol Administration. ------DocID 36140 Document 59 of 111------ -CITE- 27 USC Sec. 202c -EXPCITE- TITLE 27 CHAPTER 8 SUBCHAPTER I -HEAD- Sec. 202c. Omitted -COD- CODIFICATION Section, act June 26, 1936, ch. 830, title V, Sec. 503, 49 Stat. 1965, which provided for repeal of former laws, was to have taken effect when a majority of the members authorized to be appointed took office under section 202b of this title. The members, however, were never appointed. ------DocID 36141 Document 60 of 111------ -CITE- 27 USC Sec. 203 -EXPCITE- TITLE 27 CHAPTER 8 SUBCHAPTER I -HEAD- Sec. 203. Unlawful businesses without permit; application to State agency -STATUTE- In order effectively to regulate interstate and foreign commerce in distilled spirits, wine, and malt beverages, to enforce the twenty-first amendment, and to protect the revenue and enforce the postal laws with respect to distilled spirits, wine, and malt beverages: (a) It shall be unlawful, except pursuant to a basic permit issued under this subchapter by the Secretary of the Treasury - (1) to engage in the business of importing into the United States distilled spirits, wine, or malt beverages; or (2) for any person so engaged to sell, offer or deliver for sale, contract to sell, or ship, in interstate or foreign commerce, directly or indirectly or through an affiliate, distilled spirits, wine, or malt beverages so imported. (b) It shall be unlawful, except pursuant to a basic permit issued under this subchapter by the Secretary of the Treasury - (1) to engage in the business of distilling distilled spirits, producing wine, rectifying or blending distilled spirits or wine, or bottling, or warehousing and bottling, distilled spirits; or (2) for any person so engaged to sell, offer or deliver for sale, contract to sell, or ship, in interstate or foreign commerce, directly or indirectly or through an affiliate, distilled spirits or wine so distilled, produced, rectified, blended, or bottled, or warehoused and bottled. (c) It shall be unlawful, except pursuant to a basic permit issued under this subchapter by the Secretary of the Treasury - (1) to engage in the business of purchasing for resale at wholesale distilled spirits, wine, or malt beverages; or (2) for any person so engaged to receive or to sell, offer or deliver for sale, contract to sell, or ship, in interstate or foreign commerce, directly or indirectly or through an affiliate, distilled spirits, wine, or malt beverages so purchased. This subsection shall take effect July 1, 1936. This section shall not apply to any agency of a State or political subdivision thereof or any officer or employee of any such agency, and no such agency or officer or employee shall be required to obtain a basic permit under this subchapter. -SOURCE- (Aug. 29, 1935, ch. 814, title I, Sec. 103, formerly Sec. 3, 49 Stat. 978; Feb. 29, 1936, ch. 105, Sec. 1, 49 Stat. 1152; 1940 Reorg. Plan No. III, Sec. 2, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; renumbered title I, Sec. 103, and amended Nov. 18, 1988, Pub. L. 100-690, title VIII, Sec. 8001(a)(1), (2), (b)(2), 102 Stat. 4517, 4521.) -COD- CODIFICATION In the original, subsections (a) and (b) of this section contained a final paragraph which provided as follows: 'This subsection shall take effect sixty days after the date upon which the Administrator first appointed under this title takes office.' -MISC3- AMENDMENTS 1988 - Pub. L. 100-690, Sec. 8001(b)(2), substituted 'subchapter' for 'chapter' wherever appearing. 1936 - Subsec. (c). Act Feb. 29, 1936, extended the effective date from March 1, 1936, to July 1, 1936. -TRANS- TRANSFER OF FUNCTIONS 'Secretary of the Treasury' was substituted in text for 'Administrator', meaning the Administrator of the Federal Alcohol Administration, pursuant to Reorg. Plan No. III of 1940, see note set out under section 201 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 207 of this title; title 26 section 5171. ------DocID 36142 Document 61 of 111------ -CITE- 27 USC Sec. 204 -EXPCITE- TITLE 27 CHAPTER 8 SUBCHAPTER I -HEAD- Sec. 204. Permits -STATUTE- (a) Who entitled thereto The following persons shall, on application therefor, be entitled to a basic permit: (1) Any person who, on May 25, 1935, held a basic permit as distiller, rectifier, wine producer, or importer issued by an agency of the Federal Government. (2) Any other person unless the Secretary of the Treasury finds (A) that such person (or in case of a corporation, any of its officers, directors, or principal stockholders) has, within five years prior to the date of application, been convicted of a felony under Federal or State law or has, within three years prior to date of application, been convicted of a misdemeanor under any Federal law relating to liquor, including the taxation thereof; or (B) that such person is, by reason of his business experience, financial standing, or trade connections, not likely to commence operations within a reasonable period or to maintain such operations in conformity with Federal law; or (C) that the operations proposed to be conducted by such person are in violation of the law of the State in which they are to be conducted. (b) Refusal of permit; hearing If upon examination of any application for a basic permit the Secretary of the Treasury has reason to believe that the applicant is not entitled to such permit, he shall notify the applicant thereof and, upon request by the applicant, afford him due notice and opportunity for hearing on the application. If the Secretary of the Treasury, after affording such notice and opportunity for hearing, finds that the applicant is not entitled to a basic permit hereunder, he shall by order deny the application stating the findings which are the basis for his order. (c) Form of application The Secretary of the Treasury shall prescribe the manner and form of all applications for basic permits (including the facts to be set forth therein) and the form of all basic permits, and shall specify in any basic permit the authority conferred by the permit and the conditions thereof in accordance with the provisions of this subchapter. To the extent deemed necessary by the Secretary of the Treasury for the efficient administration of this subchapter, separate applications and permits shall be required by the Secretary of the Treasury with respect to distilled spirits, wine, and malt beverages, and the various classes thereof, and with respect to the various classes of persons entitled to permits hereunder. The issuance of a basic permit under this subchapter shall not operate to deprive the United States of its remedy for any violation of law. (d) Conditions A basic permit shall be conditioned upon compliance with the requirements of section 205 of this title (relating to unfair competition and unlawful practices) and of section 206 of this title (relating to bulk sales and bottling), with the twenty-first amendment and laws relating to the enforcement thereof, and with all other Federal laws relating to distilled spirits, wine, and malt beverages, including taxes with respect thereto. (e) Revocation, suspension, and annulment A basic permit shall by order of the Secretary of the Treasury, after due notice and opportunity for hearing to the permittee, (1) be revoked, or suspended for such period as the Secretary of the Treasury deems appropriate, if the Secretary finds that the permittee has wilfully violated any of the conditions thereof, provided that for a first violation of the conditions thereof the permit shall be subject to suspension only; or (2) be revoked if the Secretary finds that the permittee has not engaged in the operations authorized by the permit for a period of more than two years; or (3) be annulled if the Secretary finds that the permit was procured through fraud, or misrepresentation, or concealment of material fact. The order shall state the findings which are the basis for the order. (f) Service of orders Orders of the Secretary with respect to any denial of application, suspension, revocation, annulment, or other proceedings, shall be served (1) in person by any officer or employee of the Secretary designated by him or any internal revenue or customs officer authorized by the Secretary for the purpose, or (2) by mailing the order by registered mail, addressed to the applicant or respondent at his last known address in the records of the Secretary. (g) Duration A basic permit shall continue in effect until suspended, revoked, or annulled as provided herein, or voluntarily surrendered; except that (1) if leased, sold, or otherwise voluntarily transferred, the permit shall be automatically terminated thereupon, and (2) if transferred by operation of law or if actual or legal control of the permittee is acquired, directly or indirectly, whether by stock-ownership or in any other manner, by any person, then such permit shall be automatically terminated at the expiration of thirty days thereafter: Provided, That if within such thirty-day period application for a new basic permit is made by the transferee or permittee, respectively, then the outstanding basic permit shall continue in effect until such application is finally acted on by the Secretary of the Treasury. (h) Appeal; procedure An appeal may be taken by the permittee or applicant for a permit from any order of the Secretary of the Treasury denying an application for, or suspending, revoking, or annulling, a basic permit. Such appeal shall be taken by filing, in the court of appeals of the United States within any circuit wherein such person resides or has his principal place of business, or in the United States Court of Appeals for the District of Columbia, within sixty days after the entry of such order, a written petition praying that the order of the Secretary be modified or set aside in whole or in part. A copy of such petition shall be forthwith transmitted by the clerk of the court to the Secretary, or any officer designated by him for that purpose, and thereupon the Secretary shall file in the court the record upon which the order complained of was entered, as provided in section 2112 of title 28. Upon the filing of such petition such court shall have exclusive jurisdiction to affirm, modify, or set aside such order, in whole or in part. No objection to the order of the Secretary shall be considered by the court unless such objection shall have been urged before the Secretary or unless there were reasonable grounds for failure so to do. The finding of the Secretary as to the facts, if supported by substantial evidence, shall be conclusive. If any party shall apply to the court for leave to adduce additional evidence, and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for failure to adduce such evidence in the proceeding before the Secretary, the court may order such additional evidence to be taken before the Secretary and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper. The Secretary may modify his findings as to the facts by reason of the additional evidence so taken, and he shall file with the court such modified or new findings, which, if supported by substantial evidence, shall be conclusive, and his recommendation, if any, for the modification or setting aside of the original order. The judgment and decree of the court affirming, modifying, or setting aside, in whole or in part, any such order of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28. The commencement of proceedings under this subsection shall, unless specifically ordered by the court to the contrary, operate as a stay of the Secretary's order. (i) Limitation No proceeding for the suspension or revocation of a basic permit for violation of any condition thereof relating to compliance with Federal law shall be instituted by the Secretary more than eighteen months after conviction of the violation of Federal law, or, if no conviction has been had, more than three years after the violation occurred; and no basic permit shall be suspended or revoked for a violation of any such condition thereof if the alleged violation of Federal law has been compromised by any officer of the Government authorized to compromise such violation. -SOURCE- (Aug. 29, 1935, ch. 814, title I, Sec. 104, formerly Sec. 4, 49 Stat. 978; 1940 Reorg. Plan No. III, Sec. 2, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; June 25, 1948, ch. 646, Sec. 32(a), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Aug. 28, 1958, Pub. L. 85-791, Sec. 14, 72 Stat. 946; renumbered title I, Sec. 104, and amended Nov. 18, 1988, Pub. L. 100-690, title VIII, Sec. 8001(a)(1), (2), (b)(2), (3), 102 Stat. 4517, 4521.) -COD- CODIFICATION In subsec. (h) of this section, 'section 1254 of title 28' was substituted for 'sections 239 and 240 of the Judicial Code, as amended', on authority of act June 25, 1948, ch. 646, 62 Stat. 869, the first section of which enacted Title 28, Judiciary and Judicial Procedure. -MISC3- AMENDMENTS 1988 - Subsec. (c). Pub. L. 100-690, Sec. 8001(b)(2), substituted 'subchapter' for 'chapter' wherever appearing. Subsec. (d). Pub. L. 100-690, Sec. 8001(b)(3), made technical amendment to references to sections 205 and 206 of this title to reflect renumbering of corresponding sections of original act. 1958 - Subsec. (h). Pub. L. 85-791, in third sentence, substituted 'transmitted by the clerk of the court to the Secretary, or' for 'served upon, the Secretary, or upon any', substituted 'file in the court' for 'certify and file in the court a transcript of', and inserted 'as provided in section 2112 of title 28', and in fourth sentence, substituted 'petition' for 'transcript'. -CHANGE- CHANGE OF NAME 'Court of appeals' was substituted for 'circuit court of appeals' pursuant to act June 25, 1948, as amended by act May 24, 1949. -TRANS- TRANSFER OF FUNCTIONS 'Secretary of the Treasury' and 'Secretary' were substituted in subsecs. (a) to (c) and (e) to (i) for 'Administrator', meaning the Administrator of the Federal Alcohol Administration, pursuant to Reorg. Plan No. III of 1940, see note set out under section 201 of this title. -MISC5- APPLICABILITY OF ADMINISTRATIVE PROCEDURE ACT Section 35 of Pub. L. 85-791 provided that: 'This Act shall not be construed to repeal or modify any provision of the Administrative Procedure Act (subchapter II of chapter 5, and chapter 7, of Title 5, Government Organization and Employees).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 26 section 5171. ------DocID 36143 Document 62 of 111------ -CITE- 27 USC Sec. 205 -EXPCITE- TITLE 27 CHAPTER 8 SUBCHAPTER I -HEAD- Sec. 205. Unfair competition and unlawful practices -STATUTE- It shall be unlawful for any person engaged in business as a distiller, brewer, rectifier, blender, or other producer, or as an importer or wholesaler, of distilled spirits, wine, or malt beverages, or as a bottler, or warehouseman and bottler, of distilled spirits, directly or indirectly or through an affiliate: (a) Exclusive outlet To require, by agreement or otherwise, that any retailer engaged in the sale of distilled spirits, wine, or malt beverages, purchase any such products from such person to the exclusion in whole or in part of distilled spirits, wine, or malt beverages sold or offered for sale by other persons in interstate or foreign commerce, if such requirement is made in the course of interstate or foreign commerce, or if such person engages in such practice to such an extent as substantially to restrain or prevent transactions in interstate or foreign commerce in any such products, or if the direct effect of such requirement is to prevent, deter, hinder, or restrict other persons from selling or offering for sale any such products to such retailer in interstate or foreign commerce; or (b) 'Tied house' To induce through any of the following means, any retailer, engaged in the sale of distilled spirits, wine, or malt beverages, to purchase any such products from such person to the exclusion in whole or in part of distilled spirits, wine, or malt beverages sold or offered for sale by other persons in interstate or foreign commerce, if such inducement is made in the course of interstate or foreign commerce, or if such person engages in the practice of using such means, or any of them, to such an extent as substantially to restrain or prevent transactions in interstate or foreign commerce in any such products, or if the direct effect of such inducement is to prevent, deter, hinder, or restrict other persons from selling or offering for sale any such products to such retailer in interstate or foreign commerce: (1) By acquiring or holding (after the expiration of any existing license) any interest in any license with respect to the premises of the retailer; or (2) by acquiring any interest in real or personal property owned, occupied, or used by the retailer in the conduct of his business; or (3) by furnishing, giving, renting, lending, or selling to the retailer, any equipment, fixtures, signs, supplies, money, services, or other thing of value, subject to such exceptions as the Secretary of the Treasury shall by regulation prescribe, having due regard for public health, the quantity and value of articles involved, established trade customs not contrary to the public interest and the purposes of this subsection; or (4) by paying or crediting the retailer for any advertising, display, or distribution service; or (5) by guaranteeing any loan or the repayment of any financial obligation of the retailer; or (6) by extending to the retailer credit for a period in excess of the credit period usual and customary to the industry for the particular class of transactions, as ascertained by the Secretary of the Treasury and prescribed by regulations by him; or (7) by requiring the retailer to take and dispose of a certain quota of any of such products; or (c) Commercial bribery To induce through any of the following means, any trade buyer engaged in the sale of distilled spirits, wine, or malt beverages, to purchase any such products from such person to the exclusion in whole or in part of distilled spirits, wine, or malt beverages sold or offered for sale by other persons in interstate or foreign commerce, if such inducement is made in the course of interstate or foreign commerce, or if such person engages in the practice of using such means, or any of them, to such an extent as substantially to restrain or prevent transactions in interstate or foreign commerce in any such products, or if the direct effect of such inducement is to prevent, deter, hinder, or restrict other persons from selling or offering for sale any such products to such trade buyer in interstate or foreign commerce: (1) By commercial bribery; or (2) by offering or giving any bonus, premium, or compensation to any officer, or employee, or representative of the trade buyer; or (d) Consignment sales To sell, offer for sale, or contract to sell to any trade buyer engaged in the sale of distilled spirits, wine, or malt beverages, or for any such trade buyer to purchase, offer to purchase, or contract to purchase, any such products on consignment or under conditional sale or with the privilege of return or on any basis otherwise than a bona fide sale, or where any part of such transaction involves, directly or indirectly, the acquisition by such person from the trade buyer or his agreement to acquire from the trade buyer other distilled spirits, wine, or malt beverages - if such sale, purchase, offer, or contract is made in the course of interstate or foreign commerce, or if such person or trade buyer engages in such practice to such an extent as substantially to restrain or prevent transactions in interstate or foreign commerce in any such products or if the direct effect of such sale, purchase, offer, or contract is to prevent, deter, hinder, or restrict other persons from selling or offering for sale any such products to such trade buyer in interstate or foreign commerce: Provided, That this subsection shall not apply to transactions involving solely the bona fide return of merchandise for ordinary and usual commercial reasons arising after the merchandise has been sold; or (e) Labeling To sell or ship or deliver for sale or shipment, or otherwise introduce in interstate or foreign commerce, or to receive therein, or to remove from customs custody for consumption, any distilled spirits, wine, or malt beverages in bottles, unless such products are bottled, packaged, and labeled in conformity with such regulations, to be prescribed by the Secretary of the Treasury, with respect to packaging, marking, branding, and labeling and size and fill of container (1) as will prohibit deception of the consumer with respect to such products or the quantity thereof and as will prohibit, irrespective of falsity, such statements relating to age, manufacturing processes, analyses, guarantees, and scientific or irrelevant matters as the Secretary of the Treasury finds to be likely to mislead the consumer; (2) as will provide the consumer with adequate information as to the identity and quality of the products, the alcoholic content thereof (except that statements of, or statements likely to be considered as statements of, alcoholic content of malt beverages are prohibited unless required by State law and except that, in case of wines, statements of alcoholic content shall be required only for wines containing more than 14 per centum of alcohol by volume), the net contents of the package, and the manufacturer or bottler or importer of the product; (3) as will require an accurate statement, in the case of distilled spirits (other than cordials, liqueurs, and specialties) produced by blending or rectification, if neutral spirits have been used in the production thereof, informing the consumer of the percentage of neutral spirits so used and of the name of the commodity from which such neutral spirits have been distilled, or in case of neutral spirits or of gin produced by a process of continuous distillation, the name of the commodity from which distilled; (4) as will prohibit statements on the label that are disparaging of a competitor's products or are false, misleading, obscene, or indecent; and (5) as will prevent deception of the consumer by use of a trade or brand name that is the name of any living individual of public prominence, or existing private or public organization, or is a name that is in simulation or is an abbreviation thereof, and as will prevent the use of a graphic, pictorial, or emblematic representation of any such individual or organization, if the use of such name or representation is likely falsely to lead the consumer to believe that the product has been indorsed, made, or used by, or produced for, or under the supervision of, or in accordance with the specifications of, such individual or organization: Provided, That this clause shall not apply to the use of the name of any person engaged in business as a distiller, brewer, rectifier, blender, or other producer, or as an importer, wholesaler, retailer, bottler, or warehouseman, of distilled spirits, wine, or malt beverages, nor to the use by any person of a trade or brand name used by him or his predecessor in interest prior to August 29, 1935; including regulations requiring, at time of release from customs custody, certificates issued by foreign governments covering origin, age, and identity of imported products: Provided further, That nothing herein nor any decision, ruling, or regulation of any Department of the Government shall deny the right of any person to use any trade name or brand of foreign origin not presently effectively registered in the United States Patent and Trademark Office which has been used by such person or predecessors in the United States for a period of at least five years last past, if the use of such name or brand is qualified by the name of the locality in the United States in which the product is produced, and, in the case of the use of such name or brand on any label or in any advertisement, if such qualification is as conspicuous as such name or brand. It shall be unlawful for any person to alter, mutilate, destroy, obliterate, or remove any mark, brand, or label upon distilled spirits, wine, or malt beverages held for sale in interstate or foreign commerce or after shipment therein, except as authorized by Federal law or except pursuant to regulations of the Secretary of the Treasury authorizing relabeling for purposes of compliance with the requirements of this subsection or of State law. In order to prevent the sale or shipment or other introduction of distilled spirits, wine, or malt beverages in interstate or foreign commerce, if bottled, packaged, or labeled in violation of the requirements of this subsection, (1) no bottler of distilled spirits, no producer, blender, or wholesaler of wine, or proprietor of a bonded wine storeroom, and no brewer or wholesaler of malt beverages shall bottle, and (2) no person shall remove from customs custody, in bottles, for sale or any other commercial purpose, distilled spirits, wine, or malt beverages, respectively, after such date as the Secretary of the Treasury fixes as the earliest practicable date for the application of the provisions of this subsection to any class of such persons (but not later than August 15, 1936, in the case of distilled spirits, and December 15, 1936, in the case of wine and malt beverages, and only after thirty days' public notice), unless, upon application to the Secretary of the Treasury, he has obtained and has in his possession a certificate of label approval covering the distilled spirits, wine, or malt beverages, issued by the Secretary in such manner and form as he shall by regulations prescribe: Provided, That any such bottler of distilled spirits, or producer, blender, or wholesaler of wine, or proprietor of a bonded wine storeroom, or brewer or wholesaler of malt beverages shall be exempt from the requirements of this subsection if, upon application to the Secretary, he shows to the satisfaction of the Secretary that the distilled spirits, wine, or malt beverages to be bottled by the applicant are not to be sold, or offered for sale, or shipped or delivered for shipment, or otherwise introduced, in interstate or foreign commerce. Officers of internal revenue are authorized and directed to withhold the release of distilled spirits from the bottling plant unless such certificates have been obtained, or unless the application of the bottler for exemption has been granted by the Secretary; and customs officers are authorized and directed to withhold the release from customs custody of distilled spirits, wine, and malt beverages, unless such certificates have been obtained. The District Courts of the United States, and the United States court for any Territory shall have jurisdiction of suits to enjoin, annul, or suspend in whole or in part any final action by the Secretary upon any application under this subsection; or (f) Advertising To publish or disseminate or cause to be published or disseminated by radio broadcast, or in any newspaper, periodical or other publication or by any sign or outdoor advertisement or any other printed or graphic matter, any advertisement of distilled spirits, wine, or malt beverages, if such advertisement is in, or is calculated to induce sales in, interstate or foreign commerce, or is disseminated by mail, unless such advertisement is in conformity with such regulations, to be prescribed by the Secretary of the Treasury, (1) as will prevent deception of the consumer with respect to the products advertised and as will prohibit, irrespective of falsity, such statements relating to age, manufacturing processes, analyses, guaranties, and scientific or irrelevant matters as the Secretary of the Treasury finds to be likely to mislead the consumer; (2) as will provide the consumer with adequate information as to the identity and quality of the products advertised, the alcoholic content thereof (except the statements of, or statements likely to be considered as statements of, alcoholic content of malt beverages and wines are prohibited), and the person responsible for the advertisement; (3) as will require an accurate statement, in the case of distilled spirits (other than cordials, liqueurs, and specialties) produced by blending or rectification, if neutral spirits have been used in the production thereof, informing the consumer of the percentage of neutral spirits so used and of the name of the commodity from which such neutral spirits have been distilled, or in case of neutral spirits or of gin produced by a process of continuous distillation, the name of the commodity from which distilled; (4) as will prohibit statements that are disparaging of a competitor's products or are false, misleading, obscene, or indecent; (5) as will prevent statements inconsistent with any statement on the labeling of the products advertised. This subsection shall not apply to outdoor advertising in place on June 18, 1935, but shall apply upon replacement, restoration, or renovation of any such advertising. The prohibitions of this subsection and regulations thereunder shall not apply to the publisher of any newspaper, periodical, or other publication, or radio broadcaster, unless such publisher or radio broadcaster is engaged in business as a distiller, brewer, rectifier, or other producer, or as an importer or wholesaler, of distilled spirits, wine, or malt beverages, or as a bottler, or warehouseman and bottler, of distilled spirits, directly or indirectly or through an affiliate. The provisions of subsections (a), (b), and (c) of this section shall not apply to any act done by an agency of a State or political subdivision thereof, or by any officer or employee of such agency. In the case of malt beverages, the provisions of subsections (a), (b), (c), and (d) of this section shall apply to transactions between a retailer or trade buyer in any State and a brewer, importer, or wholesaler of malt beverages outside such State only to the extent that the law of such State imposes similar requirements with respect to similar transactions between a retailer or trade buyer in such State and a brewer, importer, or wholesaler of malt beverages in such State, as the case may be. In the case of malt beverages, the provisions of this subsection and subsection (e) of this section shall apply to the labeling of malt beverages sold or shipped or delivered for shipment or otherwise introduced into or received in any State from any place outside thereof, or the advertising of malt beverages intended to be sold or shipped or delivered for shipment or otherwise introduced into or received in any State from any place outside thereof, only to the extent that the law of such State imposes similar requirements with respect to the labeling or advertising, as the case may be, of malt beverages not sold or shipped or delivered for shipment or otherwise introduced into or received in such State from any place outside thereof. The Secretary of the Treasury shall give reasonable public notice, and afford to interested parties opportunity for hearing, prior to prescribing regulations to carry out the provisions of this section. -SOURCE- (Aug. 29, 1935, ch. 814, title I, Sec. 105, formerly Sec. 5, 49 Stat. 981; Feb. 29, 1936, ch. 105, Sec. 2, 49 Stat. 1152; June 25, 1936, ch. 804, 49 Stat. 1921; June 26, 1936, ch. 830, title V, Sec. 505, 506, 49 Stat. 1965, 1966; 1940 Reorg. Plan No. III, Sec. 2, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; Apr. 20, 1942, ch. 244, Sec. 1(h), 56 Stat. 219; June 25, 1948, ch. 646, Sec. 32(b), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Pub. L. 93-596, Sec. 3, Jan. 2, 1975, 88 Stat. 1949; renumbered title I, Sec. 105, and amended Nov. 18, 1988, Pub. L. 100-690, title VIII, Sec. 8001(a)(1), (2), (b)(2), 102 Stat. 4517, 4521.) -COD- CODIFICATION As originally enacted subsec. (e) of this section contained a reference to the Supreme Court of the District of Columbia. Act June 25, 1936, substituted 'the district court of the United States for the District of Columbia' for 'the Supreme Court of the District of Columbia', and act June 25, 1948, as amended by act May 24, 1949, substituted 'United States District Court for the District of Columbia' for 'district court of the United States for the District of Columbia'. However, the words 'United States District Court for the District of Columbia' have been deleted entirely as superfluous in view of section 132(a) of Title 28, Judiciary and Judicial Procedure, which states that 'There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district', and section 88 of Title 28 which states that 'the District of Columbia constitutes one judicial district'. An amendment to the second proviso of subsec. (e) of this title was contained in act June 26, 1936, ch. 830. title V, Sec. 506, 49 Stat. 1965. The amendment was to have taken effect when a majority of the members of the Federal Alcohol Administration authorized to be appointed under section 202b of this title took office. However, the members were never appointed and section 202b of this title was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 649. -MISC3- AMENDMENTS 1988 - Subsec. (e). Pub. L. 100-690, Sec. 8001(b)(2), substituted 'the date of the enactment of this title' for 'the date of the enactment of this Act', which had been translated editorially as 'August 29, 1935', thereby requiring no change in text. 1942 - Subsec. (f)(2). Act Apr. 20, 1942, substituted 'beverages and wines are prohibited' for 'beverages are prohibited and except that, in case of wines, statements of alcoholic content shall be required only for wines containing more than 14 per centum of alcohol by volume,'. 1936 - Subsec. (e). Act Feb. 29, 1936, substituted 'August 15, 1936, in the case of distilled spirits, and December 15, 1936, in the case of wine and malt beverages' for 'March 1, 1936,'. Subsec. (e). Act June 26, 1936, amended subsec. (e) generally. -CHANGE- CHANGE OF NAME References to the Patent Office have been changed to the Patent and Trademark Office pursuant to Pub. L. 93-596, Sec. 3, Jan. 2, 1975, 88 Stat. 1949, set out as a note under section 1 of Title 35, Patents. -TRANS- TRANSFER OF FUNCTIONS 'Secretary of the Treasury' and 'Secretary' were substituted in subsecs. (b), (e), and (f) for 'Administrator', meaning the Administrator of the Federal Alcohol Administration, pursuant to Reorg. Plan No. III of 1940, see note set out under section 201 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 204, 207 of this title; title 26 section 5206. ------DocID 36144 Document 63 of 111------ -CITE- 27 USC Sec. 206 -EXPCITE- TITLE 27 CHAPTER 8 SUBCHAPTER I -HEAD- Sec. 206. Bulk sales and bottling -STATUTE- (a) Offenses It shall be unlawful for any person - (1) To sell or offer to sell, contract to sell, or otherwise dispose of distilled spirits in bulk except, under regulations of the Secretary of the Treasury, for export or to the following, or to import distilled spirits in bulk except, under such regulations, for sale to or for use by the following: A distiller, rectifier of distilled spirits, person operating a bonded warehouse qualified under the internal-revenue laws or a class 8 bonded warehouse qualified under the customs laws, a winemaker for the fortification of wines, a proprietor of an industrial alcohol plant, or an agency of the United States or any State or political subdivision thereof. (2) To sell or offer to sell, contract to sell, or otherwise dispose of warehouse receipts for distilled spirits in bulk unless such warehouse receipts require that the warehouseman shall package such distilled spirits, before delivery, in bottles labeled and marked in accordance with law, or deliver such distilled spirits in bulk only to persons to whom it is lawful to sell or otherwise dispose of distilled spirits in bulk. (3) To bottle distilled spirits unless the bottler is a person to whom it is lawful to sell or otherwise dispose of distilled spirits in bulk. (b) Penalty Any person who violates the requirements of this section shall, upon conviction thereof, be fined not more than $5,000 or imprisoned for not more than one year or both, and shall forfeit to the United States all distilled spirits with respect to which the violation occurs and the containers thereof. (c) 'In bulk' defined The term 'in bulk' mean in containers having a capacity in excess of one wine gallon. -SOURCE- (Aug. 29, 1935, ch. 814, title I, Sec. 106, formerly Sec. 6, 49 Stat. 985; 1940 Reorg. Plan No. III, Sec. 2, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; renumbered title I, Sec. 106, Nov. 18, 1988, Pub. L. 100-690, title VIII, Sec. 8001(a)(1), (2), 102 Stat. 4517.) -REFTEXT- REFERENCES IN TEXT The internal-revenue laws, referred to in subsec. (a), are classified generally to Title 26, Internal Revenue Code. The customs laws, referred to in subsec. (a), are classified generally to Title 19, Customs Duties. -TRANS- TRANSFER OF FUNCTIONS 'Secretary of the Treasury' was substituted in subsec. (a)(1) for 'Administrator', meaning the Administrator of the Federal Alcohol Administration, pursuant to Reorg. Plan No. III of 1940, see note set out under section 201 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 204 of this title. ------DocID 36145 Document 64 of 111------ -CITE- 27 USC Sec. 207 -EXPCITE- TITLE 27 CHAPTER 8 SUBCHAPTER I -HEAD- Sec. 207. Penalties; jurisdiction; compromise of liability -STATUTE- The District Courts of the United States, and the United States court for any Territory, of the District where the offense is committed or threatened or of which the offender is an inhabitant or has his principal place of business, are vested with jurisdiction of any suit brought by the Attorney General in the name of the United States, to prevent and restrain violations of any of the provisions of this subchapter. Any person violating any of the provisions of section 203 or 205 of this title shall be guilty of a misdemeanor and upon conviction thereof be fined not more than $1,000 for each offense. The Secretary of the Treasury is authorized, with respect to any violation of this subchapter, to compromise the liability arising with respect to such violation (1) upon payment of a sum not in excess of $500 for each offense, to be collected by the Secretary and to be paid into the Treasury as miscellaneous receipts, and (2) in case of repetitious violations and in order to avoid multiplicity of criminal proceedings, upon agreement to a stipulation, that the United States may, on its own motion upon five days' notice to the violator, cause a consent decree to be entered by any court of competent jurisdiction enjoining the repetition of such violation. -SOURCE- (Aug. 29, 1935, ch. 814, title I, Sec. 107, formerly Sec. 7, 49 Stat. 985; June 25, 1936, ch. 804, 49 Stat. 1921; 1940 Reorg. Plan No. III, Sec. 2, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; 1940 Reorg. Plan No. IV, Sec. 2, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1234; June 25, 1948, ch. 646, Sec. 32(b), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; renumbered title I, Sec. 107, and amended Nov. 18, 1988, Pub. L. 100-690, title VIII, Sec. 8001(a)(1), (2), (b)(2), (4), 102 Stat. 4517, 4521.) -COD- CODIFICATION As originally enacted this section contained a reference to the Supreme Court of the District of Columbia. Act June 25, 1936, substituted 'the district court of the United States for the District of Columbia' for 'the Supreme Court of the District of Columbia', and act June 25, 1948, as amended by act May 24, 1949, substituted 'United States District Court for the District of Columbia' for 'district court of the United States for the District of Columbia'. However, the words 'United States District Court for the District of Columbia' have been deleted entirely as superfluous in view of section 132(a) of Title 28, Judiciary and Judicial Procedure, which states that 'There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district', and section 88 of Title 28 which states that 'the District of Columbia constitutes one judicial district'. -MISC3- AMENDMENTS 1988 - Pub. L. 100-690, Sec. 8001(b)(2), substituted 'subchapter' for 'chapter' in two places. Pub. L. 100-690, Sec. 8001(b)(4), made technical amendment to references to sections 203 and 205 of this title to reflect renumbering of corresponding sections of original act. -TRANS- TRANSFER OF FUNCTIONS 'The Secretary of the Treasury is authorized' and 'Secretary' were substituted for 'Subject to the approval of the Attorney General, the Administrator is authorized' and 'Administrator', meaning the Administrator of the Federal Alcohol Administration, respectively, pursuant to Reorg. Plan No. IV of 1940, set out in the Appendix to Title 5, Government Organization and Employees, which transferred the function of approving compromises made in accordance with this section from the Attorney General to the Secretary of the Treasury, to be exercised by him or under his direction and supervision by officer in the Department of the Treasury designated by him, and Reorg. Plan No. III of 1940, set out in the Appendix to Title V, which transferred the functions of the Administrator of the Federal Alcohol Administration to the Secretary of the Treasury. Reorg. Plan No. IV of 1940, in addition, contained the following proviso: 'Provided, That exclusive jurisdiction to compromise cases arising under the Federal Alcohol Administration Act which are pending before the courts or which have been or may hereafter be referred to the Department of Justice for action shall be vested in the Attorney General, and may be exercised by him or by any officer in the Department of Justice designated by him.' See also note set out under section 201 of this title. ------DocID 36146 Document 65 of 111------ -CITE- 27 USC Sec. 208 -EXPCITE- TITLE 27 CHAPTER 8 SUBCHAPTER I -HEAD- Sec. 208. Interlocking directorates -STATUTE- (a) Offenses Except as provided in subsection (b) of this section, it shall be unlawful for any individual to take office, after August 29, 1935, as an officer or director of any company, if his doing so would make him an officer or director of more than one company engaged in business as a distiller, rectifier, or blender of distilled spirits, or of any such company and of a company which is an affiliate of any company engaged in business as a distiller, rectifier, or blender of distilled spirits, or of more than one company which is an affiliate of any company engaged in business as a distiller, rectifier, or blender of distilled spirits, unless, prior to taking such office, application made by such individual to the Secretary of the Treasury has been granted and after due showing has been made to him that service by such individual as officer or director of all the foregoing companies of which he is an officer or director together with service in the company with respect to which application is made will not substantially restrain or prevent competition in interstate or foreign commerce in distilled spirits. The Secretary of the Treasury shall, by order, grant or deny such application on the basis of the proof submitted to him and his finding thereon. The District Courts of the United States, and the United States court for any Territory shall have jurisdiction of suits to enjoin, annul, or suspend in whole or in part any final action by the Secretary upon any application under this subsection. (b) Conditions of lawfully taking office An individual may, without regard to the provisions of subsection (a) of this section, take office as an officer or director of a company described in said subsection while holding the position of officer or director of any other such company if such companies are affiliates at the time of his taking office and if - (1) Such companies are affiliates on August 29, 1935; or (2) Each of such companies has been organized under the law of a State to comply with a requirement thereof under which, as a condition of doing business in such State, such company must be organized under the law of such State; or (3) One or more such companies has been organized under the law of a State to comply with a requirement thereof under which, as a condition of doing business in such State, such company must be organized under the laws of such State, and the other one or more of such companies not so organized, is in existence on August 29, 1935; or (4) One or more of such companies has been organized under the law of a State to comply with a requirement thereof under which, as a condition of doing business in such State, such company must be organized under the law of such State, and not more than one of such companies is a company which has not been so organized and which has been organized after August 29, 1935. (c) 'Company' defined As used in this section, the term 'company' means a corporation, joint stock company, business trust, or association, but does not include any agency of a State or political subdivision thereof or any officer or employee of any such agency. (d) Penalty Any individual taking office in violation of this section shall be punished by a fine of not exceeding $1,000. -SOURCE- (Aug. 29, 1935, ch. 814, title I, Sec. 108, formerly Sec. 8, 49 Stat. 986; June 25, 1936, ch. 804, 49 Stat. 1921; 1940 Reorg. Plan No. III, Sec. 2, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; June 25, 1948, ch. 646, Sec. 32(b), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; renumbered title I, Sec. 108, and amended Nov. 18, 1988, Pub. L. 100-690, title VIII, Sec. 8001(a)(1), (2), (b)(2), 102 Stat. 4517, 4521.) -COD- CODIFICATION As originally enacted subsec. (a) of this section contained a reference to the Supreme Court of the District of Columbia. Act June 25, 1936, substituted 'the district court of the United States for the District of Columbia' for 'the Supreme Court of the District of Columbia', and act June 25, 1948, as amended by act May 24, 1949, substituted 'United States District Court for the District of Columbia' for 'district court of the United States for the District of Columbia'. However, the words 'United States District Court for the District of Columbia' have been deleted entirely as superfluous in view of section 132(a) of Title 28, Judiciary and Judicial Procedure, which states that 'There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district', and section 88 of Title 28 which states that 'the District of Columbia constitutes one judicial district'. -MISC3- AMENDMENTS 1988 - Subsecs. (a), (b)(1), (3), (4). Pub. L. 100-690, Sec. 8001(b)(2), substituted 'the date of the enactment of this title' for 'the date of the enactment of this Act', which had been translated editorially as 'August 29, 1935', thereby requiring no change in text. -TRANS- TRANSFER OF FUNCTIONS 'Secretary of the Treasury' and 'Secretary' were substituted for 'Administrator', meaning the Administrator of the Federal Alcohol Administration, pursuant to Reorg. Plan No. III of 1940, see note set out under section 201 of this title. ------DocID 36147 Document 66 of 111------ -CITE- 27 USC Sec. 209, 210 -EXPCITE- TITLE 27 CHAPTER 8 SUBCHAPTER I -HEAD- Sec. 209, 210. Omitted -COD- CODIFICATION Section 209, acts Aug. 29, 1935, ch. 814, title I, Sec. 109, formerly Sec. 9, 49 Stat. 987; June 26, 1936, ch. 830, title V, Sec. 507, 49 Stat. 1966; renumbered title I, Sec. 109, Nov. 18, 1988, Pub. L. 100-690, title VIII, Sec. 8001(a)(1), (2), 102 Stat. 4517, which related to disposal of forfeited alcoholic beverages, was superseded. See section 5688 of Title 26, Internal Revenue Code. Section 210, act Aug. 29, 1935, ch. 814, title I, Sec. 110, formerly Sec. 10, 49 Stat. 987; renumbered title I, Sec. 110, Nov. 18, 1988, Pub. L. 100-690, title VIII, Sec. 8001(a)(1), (2), 102 Stat. 4517, abolished the Federal Alcohol Control Administration established by Ex. Ord. No. 6474, Dec. 4, 1933; Ex. Ord. No. 6576, Jan. 25, 1934; Ex. Ord. No. 6683, Apr. 19, 1934; Ex. Ord. No. 6788, June 30, 1934; Ex. Ord. No. 6829, Aug. 21, 1934, issued under provisions of section 702 of Title 15, Commerce and Trade. ------DocID 36148 Document 67 of 111------ -CITE- 27 USC Sec. 211 -EXPCITE- TITLE 27 CHAPTER 8 SUBCHAPTER I -HEAD- Sec. 211. Miscellaneous provisions -STATUTE- (a) Definitions As used in this subchapter - (1) The term 'United States' means the several States and Territories and the District of Columbia; the term 'State' includes a Territory and the District of Columbia; and the term 'Territory' means Alaska, Hawaii, and Puerto Rico. (2) The term 'interstate or foreign commerce' means commerce between any State and any place outside thereof, or commerce within any Territory or the District of Columbia, or between points within the same State but through any place outside thereof. (3) The term 'person' means individual, partnership, joint stock company, business trust, association, corporation, or other form of business enterprise, including a receiver, trustee, or liquidating agent and including an officer or employee of any agency of a State or political subdivision thereof; and the term 'trade buyer' means any person who is a wholesaler or retailer. (4) The term 'affiliate' means any one of two or more persons if one of such persons has actual or legal control, directly or indirectly, whether by stock ownership or otherwise, of the other or others of such persons; and any one of two or more persons subject to common control, actual or legal, directly or indirectly, whether by stock ownership or otherwise. (5) The term 'distilled spirits' means ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for non-industrial use. (6) The term 'wine' means (1) wine as defined in section 610 and section 617 of the Revenue Act of 1918 as now in force or hereafter amended, and (2) other alcoholic beverages not so defined, but made in the manner of wine, including sparkling and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than the juice of sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake; in each instance only if containing not less than 7 per centum and not more than 24 per centum of alcohol by volume, and if for non-industrial use. (7) The term 'malt beverage' means a beverage made by the alcoholic fermentation of an infusion or decoction, or combination of both, in potable brewing water, or malted barley with hops, or their parts, or their products, and with or without other malted cereals, and with or without the addition of unmalted or prepared cereals, other carbohydrates or products prepared therefrom, and with or without the addition of carbon dioxide, and with or without other wholesome products suitable for human food consumption. (8) The term 'bottle' means any container, irrespective of the material from which made, for use for the sale of distilled spirits, wine, or malt beverages at retail. (b) Right to amend or repeal The right to amend or repeal the provisions of this subchapter is expressly reserved. (c) Separability If any provision of this subchapter, or the application of such provision to any person or circumstance, is held invalid, the remainder of the chapter and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. -SOURCE- (Aug. 29, 1935, ch. 814, title I, Sec. 117, formerly Sec. 17, 49 Stat. 989; 1940 Reorg. Plan No. III, Sec. 2, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; renumbered title I, Sec. 117, and amended Nov. 18, 1988, Pub. L. 100-690, title VIII, Sec. 8001(a)(1), (2), (b)(2), 102 Stat. 4517, 4521.) -REFTEXT- REFERENCES IN TEXT The Revenue Act of 1918, referred to in subsec. (a)(6), is act Feb. 24, 1919, ch. 18, 40 Stat. 1057. Sections 610 and 617 of the Revenue Act of 1918, relating to the definition of 'wine', were originally classified to sections 441 and 444 of former Title 26, and were thereafter included as sections 3036, 3044 and 3045 of the Internal Revenue Code of 1939. Provisions of the Internal Revenue Code of 1986 relating to the definition and classification of wine appear in sections 5373(a), 5381 to 5388, and 5392 of Title 26, Internal Revenue Code. -COD- CODIFICATION As originally enacted subsection (a)(1) of this section defined the term 'Administrator' whose appointment was authorized under section 202 of this title. This definition is no longer effective since Reorg. Plan No. III of 1940, set out in the Appendix to Title 5, Government Organization and Employees, abolished the Federal Alcohol Administration and provided that its functions, funds, personnel, and property should be transferred to the Secretary of the Treasury to be administered through the Bureau of Internal Revenue (now Internal Revenue Service). See, also, Transfer of Functions note set out under section 201 of this title. -MISC3- AMENDMENTS 1988 - Pub. L. 100-690, Sec. 8001(b)(2), substituted 'this subchapter' for 'this chapter' wherever appearing. ADMISSION OF ALASKA AND HAWAII TO STATEHOOD Alaska was admitted into the Union on Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and Hawaii was admitted into the Union on Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For Alaska Statehood Law, see Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as a note preceding section 21 of Title 48, Territories and Insular Possessions. For Hawaii Statehood Law, see Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as a note preceding section 491 of Title 48. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 26 section 5392. ------DocID 36149 Document 68 of 111------ -CITE- 27 USC Sec. 212 -EXPCITE- TITLE 27 CHAPTER 8 SUBCHAPTER I -HEAD- Sec. 212. Omitted -COD- CODIFICATION Section, act June 26, 1936, ch. 830, title V, Sec. 504, 49 Stat. 1965, proposed a transfer of the appropriations authorized for the Federal Alcohol Administration created by section 202 of this title to the Administration created by section 202b of this title. It was to have taken effect when a majority of the members authorized to be appointed under section 202b of this title took office. The members, however, were never appointed. ------DocID 36150 Document 69 of 111------ -CITE- 27 USC SUBCHAPTER II -EXPCITE- TITLE 27 CHAPTER 8 SUBCHAPTER II -HEAD- SUBCHAPTER II - ALCOHOLIC BEVERAGE LABELING ------DocID 36151 Document 70 of 111------ -CITE- 27 USC Sec. 213 -EXPCITE- TITLE 27 CHAPTER 8 SUBCHAPTER II -HEAD- Sec. 213. Declaration of policy and purpose -STATUTE- The Congress finds that the American public should be informed about the health hazards that may result from the consumption or abuse of alcoholic beverages, and has determined that it would be beneficial to provide a clear, nonconfusing reminder of such hazards, and that there is a need for national uniformity in such reminders in order to avoid the promulgation of incorrect or misleading information and to minimize burdens on interstate commerce. The Congress finds that requiring such reminders on all containers of alcoholic beverages is appropriate and necessary in view of the substantial role of the Federal Government in promoting the health and safety of the Nation's population. It is therefore the policy of the Congress, and the purpose of this subchapter, to exercise the full reach of the Federal Government's constitutional powers in order to establish a comprehensive Federal program, in connection with the manufacture and sale of alcoholic beverages in or affecting interstate commerce, to deal with the provision of warning or other information with respect to any relationship between the consumption or abuse of alcoholic beverages and health, so that - (1) the public may be adequately reminded about any health hazards that may be associated with the consumption or abuse of alcoholic beverages through a nationally uniform, nonconfusing warning notice on each container of such beverages; and (2) commerce and the national economy may be - (A) protected to the maximum extent consistent with this declared policy, (B) not impeded by diverse, nonuniform, and confusing requirements for warnings or other information on alcoholic beverage containers with respect to any relationship between the consumption or abuse of alcoholic beverages and health, and (C) protected from the adverse effects that would result from a noncomprehensive program covering alcoholic beverage containers sold in interstate commerce, but not alcoholic beverage containers manufactured and sold within a single State. -SOURCE- (Aug. 29, 1935, ch. 814, title II, Sec. 202, as added Nov. 18, 1988, Pub. L. 100-690, title VIII, Sec. 8001(a)(3), 102 Stat. 4518.) -MISC1- EFFECTIVE DATE Section 210 of title II of act Aug. 29, 1935, as added Nov. 18, 1988, Pub. L. 100-690, title VIII, Sec. 8001(a)(3), 102 Stat. 4521, provided that: 'Except as provided in section 204(a) (27 U.S.C. 215(a)), this title (enacting this subchapter) shall take effect on the date of its enactment into law (Nov. 18, 1988).' SHORT TITLE For short title of title II of act Aug. 29, 1935, which is classified to this subchapter, as the 'Alcoholic Beverage Labeling Act of 1988', see section 201 of act Aug. 29, 1935, set out as a Short Title note under section 201 of this title. ------DocID 36152 Document 71 of 111------ -CITE- 27 USC Sec. 214 -EXPCITE- TITLE 27 CHAPTER 8 SUBCHAPTER II -HEAD- Sec. 214. Definitions -STATUTE- As used in this subchapter - (1) The term 'alcoholic beverage' includes any beverage in liquid form which contains not less than one-half of one percent of alcohol by volume and is intended for human consumption. (2) The term 'bottle' means to fill a container with an alcoholic beverage and to seal such container. (3) The term 'bottler' means a person who bottles an alcoholic beverage. (4) The term 'commerce' means - (A) commerce between any State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, Wake Island, the Midway Islands, Kingman Reef, or Johnston Island and any place outside thereof; (B) commerce between points in any State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, Wake Island, the Midway Islands, Kingman Reef, or Johnston Island, but through any place outside thereof; or (C) commerce wholly within the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, Wake Island, the Midway Islands, Kingman Reef, or Johnston Island. (5) The term 'container' means the innermost sealed container irrespective of the material from which made, in which an alcoholic beverage is placed by the bottler and in which such beverage is offered for sale to members of the general public. (6) The term 'health' includes, but is not limited to, the prevention of accidents. (7) The term 'person' means an individual, partnership, joint stock company, business trust, association, corporation, or any other business or legal entity, including a receiver, trustee, or liquidating agent, and also includes any State, any State agency, or any officer or employee thereof. (8) The term (FOOTNOTE 1) 'sale' and 'distribution' include sampling or any other distribution not for sale. (FOOTNOTE 1) So in original. Probably should be 'terms'. (9) The term 'Secretary' means the Secretary of the Treasury. (10) The term 'State' includes any political subdivision of any State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, Wake Island, the Midway Islands, Kingman Reef, or Johnston Island. (11) The term 'State law' includes State statutes, regulations, and principles and rules having the force of law. (12) The term 'United States', when used in geographical sense, includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, Wake Island, the Midway Islands, Kingman Reef, and Johnston Island. -SOURCE- (Aug. 29, 1935, ch. 814, title II, Sec. 203, as added Nov. 18, 1988, Pub. L. 100-690, title VIII, Sec. 8001(a)(3), 102 Stat. 4518.) ------DocID 36153 Document 72 of 111------ -CITE- 27 USC Sec. 215 -EXPCITE- TITLE 27 CHAPTER 8 SUBCHAPTER II -HEAD- Sec. 215. Labeling requirement -STATUTE- (a) Statement required on container On and after the expiration of the 12-month period following November 18, 1988, it shall be unlawful for any person to manufacture, import, or bottle for sale or distribution in the United States any alcoholic beverage unless the container of such beverage bears the following statement: 'GOVERNMENT WARNING: (1) According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. (2) Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may cause health problems.'. (b) Conspicuous and prominent location of statement on container The statement required by subsection (a) of this section shall be located in a conspicuous and prominent place on the container of such beverage, as determined by the Secretary, shall be in type of a size determined by the Secretary, and shall appear on a contrasting background. The Secretary shall make such determinations within 90 days after November 18, 1988. (c) Alcoholic beverages intended for export; beverages intended for Armed Forces of the United States Subsection (a) of this section shall not apply with respect to alcoholic beverages that are manufactured, imported, bottled, or labeled for export from the United States, or for delivery to a vessel or aircraft, as supplies, for consumption beyond the jurisdiction of the internal revenue laws of the United States: Provided, That this exemption shall not apply with respect to alcoholic beverages that are manufactured, imported, bottled, or labeled for sale, distribution, or shipment to members or units of the Armed Forces of the United States, including those located outside the United States. (d) Powers of Secretary; rules and regulations; consultation and coordination with Surgeon General The Secretary shall - (1) have the power to - (A) ensure the enforcement of the provisions of this subchapter, and (B) issue regulations to carry out this subchapter, and (2) consult and coordinate the health awareness efforts of the labeling requirements of this subchapter with the Surgeon General of the United States. -SOURCE- (Aug. 29, 1935, ch. 814, title II, Sec. 204, as added Nov. 18, 1988, Pub. L. 100-690, title VIII, Sec. 8001(a)(3), 102 Stat. 4519.) -REFTEXT- REFERENCES IN TEXT The internal revenue laws of the United States, referred to in subsec. (c), are classified generally to Title 26, Internal Revenue Code. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 216, 217 of this title. ------DocID 36154 Document 73 of 111------ -CITE- 27 USC Sec. 216 -EXPCITE- TITLE 27 CHAPTER 8 SUBCHAPTER II -HEAD- Sec. 216. Preemption -STATUTE- No statement relating to alcoholic beverages and health, other than the statement required by section 215 of this title, shall be required under State law to be placed on any container of an alcoholic beverage, or on any box, carton, or other package, irrespective of the material from which made, that contains such a container. -SOURCE- (Aug. 29, 1935, ch. 814, title II, Sec. 205, as added Nov. 18, 1988, Pub. L. 100-690, title VIII, Sec. 8001(a)(3), 102 Stat. 4520.) ------DocID 36155 Document 74 of 111------ -CITE- 27 USC Sec. 217 -EXPCITE- TITLE 27 CHAPTER 8 SUBCHAPTER II -HEAD- Sec. 217. Report to Congress -STATUTE- If, after appropriate investigation and consultation with the Surgeon General carried out after the expiration of the 24-month period following November 18, 1988, the Secretary finds that available scientific information would justify a change in, addition to, or deletion of the statement, or any part thereof, set forth in section 215(a) of this title, the Secretary shall promptly report such information to the Congress together with specific recommendations for such amendments to this subchapter as the Secretary determines to be appropriate and in the public interest. -SOURCE- (Aug. 29, 1935, ch. 814, title II, Sec. 206, as added Nov. 18, 1988, Pub. L. 100-690, title VIII, Sec. 8001(a)(3), 102 Stat. 4520.) ------DocID 36156 Document 75 of 111------ -CITE- 27 USC Sec. 218 -EXPCITE- TITLE 27 CHAPTER 8 SUBCHAPTER II -HEAD- Sec. 218. Civil penalties -STATUTE- Any person who violates the provisions of this subchapter shall be subject to a civil penalty of not more than $10,000, and each day shall constitute a separate offense. -SOURCE- (Aug. 29, 1935, ch. 814, title II, Sec. 207, as added Nov. 18, 1988, Pub. L. 100-690, title VIII, Sec. 8001(a)(3), 102 Stat. 4520.) ------DocID 36157 Document 76 of 111------ -CITE- 27 USC Sec. 219 -EXPCITE- TITLE 27 CHAPTER 8 SUBCHAPTER II -HEAD- Sec. 219. Injunction proceedings; compromise of liability -STATUTE- (a) The several district courts of the United States are vested with jurisdiction, for cause shown, to prevent and restrain violations of this subchapter upon the application of the Attorney General of the United States acting through the several United States attorneys in their several districts. (b) The Secretary is authorized, with respect to any violation of this subchapter, to compromise the liability arising with respect to such violation upon payment of a sum for each offense, to be collected by the Secretary and to be paid into the Treasury as miscellaneous receipts. -SOURCE- (Aug. 29, 1935, ch. 814, title II, Sec. 208, as added Nov. 18, 1988, Pub. L. 100-690, title VIII, Sec. 8001(a)(3), 102 Stat. 4520.) ------DocID 36158 Document 77 of 111------ -CITE- 27 USC Sec. 219a -EXPCITE- TITLE 27 CHAPTER 8 SUBCHAPTER II -HEAD- Sec. 219a. Severability -STATUTE- If any provision of this subchapter or the application thereof to any person or circumstance is held invalid, the validity of the remainder of this subchapter and this chapter and of the application of such provision to other persons and circumstances shall not be affected thereby. -SOURCE- (Aug. 29, 1935, ch. 814, title II, Sec. 209, as added Nov. 18, 1988, Pub. L. 100-690, title VIII, Sec. 8001(a)(3), 102 Stat. 4521.) ------DocID 36159 Document 78 of 111------ -CITE- 27 USC CHAPTER 9 -EXPCITE- TITLE 27 CHAPTER 9 -HEAD- CHAPTER 9 - LIQUOR ENFORCEMENT ACT OF 1936 ------DocID 36160 Document 79 of 111------ -CITE- 27 USC Sec. 221 to 228 -EXPCITE- TITLE 27 CHAPTER 9 -HEAD- Sec. 221 to 228. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862 -MISC1- Section 221, act June 25, 1936, ch. 815, Sec. 1, 49 Stat. 1928, related to citation of this chapter. Section 222, act June 25, 1936, ch. 815, Sec. 2, 49 Stat. 1928, related to definitions. See sections 1262 and 3615 of Title 18, Crimes and Criminal Procedure. Section 223, act June 25, 1936, ch. 815, Sec. 3, 49 Stat. 1928, related to transportation of liquor into States where sale is prohibited. See section 1262 of Title 18. Section 224, act June 25, 1936, ch. 815, Sec. 4, 49 Stat. 1928, related to searches and seizures. See section 3615 of Title 18. Section 225, act June 25, 1936, ch. 815, Sec. 5, 49 Stat. 1929, related to enforcement of this chapter. See section 1261 of Title 18. Section 226, act June 25, 1936, ch. 815, Sec. 10, 49 Stat. 1929, related to effect of this chapter on other laws. Section 227, act June 25, 1936, ch. 815, Sec. 11, 49 Stat. 1930, related to separability provisions of this chapter. Section 228, act June 25, 1936, ch. 815, Sec. 12, 49 Stat. 1930, related to effective date of this chapter. EFFECTIVE DATE OF REPEAL Repeal of sections 221 to 228 effective Sept. 1, 1948, see section 20 of act June 25, 1948. ------DocID 37009 Document 80 of 111------ -CITE- 28 USC APPENDIX - RULES OF APPELLATE PROCEDURE Rule 27 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF APPELLATE PROCEDURE TITLE VII -HEAD- Rule 27. Motions -STATUTE- (a) Content of motions; response. - Unless another form is elsewhere prescribed by these rules, an application for an order or other relief shall be made by filing a motion for such order or relief with proof of service on all other parties. The motion shall contain or be accompanied by any matter required by a specific provision of these rules governing such a motion, shall state with particularity the grounds on which it is based, and shall set forth the order or relief sought. If a motion is supported by briefs, affidavits or other papers, they shall be served and filed with the motion. Any party may file a response in opposition to a motion other than one for a procedural order (for which see subdivision (b)) within 7 days after service of the motion, but motions authorized by Rules 8, 9, 18 and 41 may be acted upon after reasonable notice, and the court may shorten or extend the time for responding to any motion. (b) Determination of motions for procedural orders. - Notwithstanding the provisions of (a) of this Rule 27 as to motions generally, motions for procedural orders, including any motion under Rule 26(b), may be acted upon at any time, without awaiting a response thereto, and pursuant to rule or order of the court, motions for specified types of procedural orders may be disposed of by the clerk. Any party adversely affected by such action may by application to the court request consideration, vacation or modification of such action. (c) Power of a single judge to entertain motions. - In addition to the authority expressly conferred by these rules or by law, a single judge of a court of appeals may entertain and may grant or deny any request for relief which under these rules may properly be sought by motion, except that a single judge may not dismiss or otherwise determine an appeal or other proceeding, and except that a court of appeals may provide by order or rule that any motion or class of motions must be acted upon by the court. The action of a single judge may be reviewed by the court. (d) Form of papers; number of copies. - All papers relating to motions may be typewritten. Three copies shall be filed with the original, but the court may require that additional copies be furnished. -SOURCE- (As amended Apr. 1, 1979, eff. Aug. 1, 1979; Apr. 25, 1989, eff. Dec. 1, 1989.) -MISC1- NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES Subdivisions (a) and (b). Many motions seek relief of a sort which is ordinarily unopposed or which is granted as of course. The provision of subdivision (a) which permits any party to file a response in opposition to a motion within 7 days after its service upon him assumes that the motion is one of substance which ought not be acted upon without affording affected parties an opportunity to reply. A motion to dismiss or otherwise determine an appeal is clearly such a motion. Motions authorized by Rules 8, 9, 18 and 41 are likewise motions of substance; but in the nature of the relief sought, to afford an adversary an automatic delay of at least 7 days is undesirable, thus such motions may be acted upon after notice which is reasonable under the circumstances. The term 'motions for procedural orders' is used in subdivision (b) to describe motions which do not substantially affect the rights of the parties or the ultimate disposition of the appeal. To prevent delay in the disposition of such motions, subdivision (b) provides that they may be acted upon immediately without awaiting a response, subject to the right of any party who is adversely affected by the action to seek reconsideration. Subdivision (c). Within the general consideration of procedure on motions is the problem of the power of a single circuit judge. Certain powers are granted to a single judge of a court of appeals by statute. Thus, under 28 U.S.C. Sec. 2101(f) a single judge may stay execution and enforcement of a judgment to enable a party aggrieved to obtain certiorari; under 28 U.S.C. Sec. 2251 a judge before whom a habeas corpus proceeding involving a person detained by state authority is pending may stay any proceeding against the person; under 28 U.S.C. Sec. 2253 a single judge may issue a certificate of probable cause. In addition, certain of these rules expressly grant power to a single judge. See Rules 8, 9 and 18. This subdivision empowers a single circuit judge to act upon virtually all requests for intermediate relief which may be made during the course of an appeal or other proceeding. By its terms he may entertain and act upon any motion other than a motion to dismiss or otherwise determine an appeal or other proceeding. But the relief sought must be 'relief which under these rules may properly be sought by motion.' Examples of the power conferred on a single judge by this subdivision are: to extend the time for transmitting the record or docketing the appeal (Rules 11 and 12); to permit intervention in agency cases (Rule 15), or substitution in any case (Rule 43); to permit an appeal in forma pauperis (Rule 24); to enlarge any time period fixed by the rules other than that for initiating a proceeding in the court of appeals (Rule 26(b)); to permit the filing of a brief by amicus curiae (Rule 29); to authorize the filing of a deferred appendix (Rule 30(c)), or dispense with the requirement of an appendix in a specific case (Rule 30(f)), or permit carbon copies of briefs or appendices to be used (Rule 32(a)); to permit the filing of additional briefs (Rule 28(c)), or the filing of briefs of extraordinary length (Rule 28(g)); to postpone oral argument (Rule 34(a)), or grant additional time therefor (Rule 34(b)). Certain rules require that application for the relief or orders which they authorize be made by petition. Since relief under those rules may not properly be sought by motion, a single judge may not entertain requests for such relief. Thus a single judge may not act upon requests for permission to appeal (see Rules 5 and 6); or for mandamus or other extraordinary writs (see Rule 21), other than for stays or injunctions pendente lite, authority to grant which is 'expressly conferred by these rules' on a single judge under certain circumstances (see Rules 8 and 18); or upon petitions for rehearing (see Rule 40). A court of appeals may by order or rule abridge the power of a single judge if it is of the view that a motion or a class of motions should be disposed of by a panel. Exercise of any power granted a single judge is discretionary with the judge. The final sentence in this subdivision makes the disposition of any matter by a single judge subject to review by the court. NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES - 1979 AMENDMENT The proposed amendment would give sanction to local rules in a number of circuits permitting the clerk to dispose of specified types of procedural motions. NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES - 1989 AMENDMENT The amendment is technical. No substantive change is intended. -CROSS- CROSS REFERENCES Admission of attorneys to bar, see rule 46. Dismissal of appeal on motion, see rule 42. Postponement of argument, see rule 34. ------DocID 37071 Document 81 of 111------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Rule 27 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE V -HEAD- Rule 27. Depositions Before Action or Pending Appeal -STATUTE- (a) Before Action. (1) Petition. A person who desires to perpetuate testimony regarding any matter that may be cognizable in any court of the United States may file a verified petition in the United States district court in the district of the residence of any expected adverse party. The petition shall be entitled in the name of the petitioner and shall show: 1, that the petitioner expects to be a party to an action cognizable in a court of the United States but is presently unable to bring it or cause it to be brought, 2, the subject matter of the expected action and the petitioner's interest therein, 3, the facts which the petitioner desires to establish by the proposed testimony and the reasons for desiring to perpetuate it, 4, the names or a description of the persons the petitioner expects will be adverse parties and their addresses so far as known, and 5, the names and addresses of the persons to be examined and the substance of the testimony which the petitioner expects to elicit from each, and shall ask for an order authorizing the petitioner to take the depositions of the persons to be examined named in the petition, for the purpose of perpetuating their testimony. (2) Notice and Service. The petitioner shall thereafter serve a notice upon each person named in the petition as an expected adverse party, together with a copy of the petition, stating that the petitioner will apply to the court, at a time and place named therein, for the order described in the petition. At least 20 days before the date of hearing the notice shall be served either within or without the district or state in the manner provided in Rule 4(d) for service of summons; but if such service cannot with due diligence be made upon any expected adverse party named in the petition, the court may make such order as is just for service by publication or otherwise, and shall appoint, for persons not served in the manner provided in Rule 4(d), an attorney who shall represent them, and, in case they are not otherwise represented, shall cross-examine the deponent. If any expected adverse party is a minor or incompetent the provisions of Rule 17(c) apply. (3) Order and Examination. If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of justice, it shall make an order designating or describing the persons whose depositions may be taken and specifying the subject matter of the examination and whether the depositions shall be taken upon oral examination or written interrogatories. The depositions may then be taken in accordance with these rules; and the court may make orders of the character provided for by Rules 34 and 35. For the purpose of applying these rules to depositions for perpetuating testimony, each reference therein to the court in which the action is pending shall be deemed to refer to the court in which the petition for such deposition was filed. (4) Use of Deposition. If a deposition to perpetuate testimony is taken under these rules or if, although not so taken, it would be admissible in evidence in the courts of the state in which it is taken, it may be used in any action involving the same subject matter subsequently brought in a United States district court, in accordance with the provisions of Rule 32(a). (b) Pending Appeal. If an appeal has been taken from a judgment of a district court or before the taking of an appeal if the time therefor has not expired, the district court in which the judgment was rendered may allow the taking of the depositions of witnesses to perpetuate their testimony for use in the event of further proceedings in the district court. In such case the party who desires to perpetuate the testimony may make a motion in the district court for leave to take the depositions, upon the same notice and service thereof as if the action was pending in the district court. The motion shall show (1) the names and addresses of persons to be examined and the substance of the testimony which the party expects to elicit from each; (2) the reasons for perpetuating their testimony. If the court finds that the perpetuation of the testimony is proper to avoid a failure or delay of justice, it may make an order allowing the depositions to be taken and may make orders of the character provided for by Rules 34 and 35, and thereupon the depositions may be taken and used in the same manner and under the same conditions as are prescribed in these rules for depositions taken in actions pending in the district court. (c) Perpetuation by Action. This rule does not limit the power of a court to entertain an action to perpetuate testimony. -SOURCE- (As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 20, 1949; Mar. 1, 1971, eff. July 1, 1971; Mar. 2, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES Note to Subdivision (a). This rule offers a simple method of perpetuating testimony in cases where it is usually allowed under equity practice or under modern statutes. See Arizona v. California, 292 U.S. 341, 54 S.Ct. 735, 78 L.Ed. 1298 (1934); Todd Engineering Dry Dock and Repair Co. v. United States, 32 F.2d 734 (C.C.A.5th, 1929); Hall v. Stout, 4 Del. ch. 269 (1871). For comparable state statutes see Ark.Civ.Code (Crawford, 1934) Sec. 666-670; Calif.Code Civ.Proc. (Deering, 1937) 2083-2089; Ill.Rev.Stat. (1937) ch. 51, Sec. 39-46; Iowa Code (1935) Sec. 11400-11407; 2 Mass.Gen.Laws (Ter.Ed., 1932) ch. 233, Sec. 46-63; N.Y.C.P.A. (1937) Sec. 295; Ohio Gen.Code Ann. ((Throckmorton, 1936) Sec. 12216-12222; Va.Code Ann. (Michie, 1936) Sec. 6235; Wisc.Stat. (1935) Sec. 326.27-326.29. The appointment of an attorney to represent absent parties or parties not personally notified, or a guardian ad litem to represent minors and incompetents, is provided for in several of the above statutes. Note to Subdivision (b). This follows the practice approved in Richter v. Union Trust Co., 115 U.S. 55, 5 S.Ct. 1162, 29 L.Ed. 345 (1885), by extending the right to perpetuate testimony to cases pending an appeal. Note to Subdivision (c). This preserves the right to employ a separate action to perpetuate testimony under U.S.C., Title 28, (former) Sec. 644 (Depositions under dedimus potestatem and in perpetuam) as an alternate method. NOTES OF ADVISORY COMMITTEE ON RULES - 1946 AMENDMENT Note. Since the second sentence in subdivision (a)(3) refers only to depositions, it is arguable that Rules 34 and 35 are inapplicable in proceedings to perpetuate testimony. The new matter (in subdivisions (a)(3) and (b)) clarifies. A conforming change is also made in subdivision (b). 1948 AMENDMENT The amendment effective October 1949, substituted the words 'United States district court' in subdivision (a)(1) and (4) for 'district court of the United States'. NOTES OF ADVISORY COMMITTEE ON RULES - 1971 AMENDMENT The reference intended in this subdivision is to the rule governing the use of depositions in court proceedings. Formerly Rule 26(d), that rule is now Rule 32(a). The subdivision is amended accordingly. NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendments are technical. No substantive change is intended. -CROSS- CROSS REFERENCES Persons before whom depositions may be taken, see rule 28. ------DocID 37170 Document 82 of 111------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE (Form 27 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE APPENDIX OF FORMS -HEAD- (Form 27. Abrogated. Dec. 4, 1967, eff. July 1, 1968) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES The form of notice of appeal is transferred to the Federal Rules of Appellate Procedure as Form 1. ------DocID 37293 Document 83 of 111------ -CITE- 28 USC APPENDIX - RULES OF THE SUPREME COURT Rule 27 -EXPCITE- TITLE 28 APPENDIX RULES OF THE SUPREME COURT OF THE UNITED STATES PART VI -HEAD- Rule 27. The Calendar -STATUTE- .1. The Clerk shall from time to time prepare calendars of cases ready for argument. A case will not normally be called for argument less than two weeks after the brief of the respondent or appellee is due. .2. The Clerk will advise counsel when they are required to appear for oral argument and will publish a hearing list in advance of each argument session for the convenience of counsel and the information of the public. .3. On the Court's own motion, or on motion of one or more parties, the Court may order that two or more cases, involving what appear to be the same or related questions, be argued together as one case or on any other terms as may be prescribed. -CROSS- CROSS REFERENCES Priority on docket of criminal cases from State court, see section 2102 of this title. ------DocID 37349 Document 84 of 111------ -CITE- 28 USC APPENDIX - RULES OF CLAIMS COURT Rule 27 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES CLAIMS COURT TITLE V -HEAD- Rule 27. Discovery To Perfect Complaint or Pending Appeal -STATUTE- (a) Preliminary Complaint. (1) Complaint. When a plaintiff cannot state a case with the requisite particularity without an examination of documents or things or other information in the possession of the United States, and the plaintiff has been unable upon application to obtain a sufficient examination of such documents or things or other information, such plaintiff may file a complaint stating the plaintiff's claim as far as is in the plaintiff's power. The complaint shall state specifically: (A) that it is filed under this rule; (B) the subject matter of a claim cognizable by this court, with as much particularity as plaintiff can provide; and (C) a description of the documents or things or other information required as definite as plaintiff can provide. Within 30 days after filing such preliminary complaint, plaintiff shall file a motion for leave to take depositions upon oral examination or written questions, to submit requests for admission or written interrogatories, or for production of documents or things or permission to enter upon land or other property for inspection and other purposes, or such combination thereof as may be needed to obtain from the proper department or agency of the United States such documents or things or other information as may be deemed necessary. (2) Order. If plaintiff's motion is allowed, the court by order shall designate the persons whose depositions may be taken, the subject matter of the examination, and whether the depositions shall be taken on oral examination or written interrogatories. The order shall specify the extent of other discovery permitted, and a date for completion of all discovery thereunder. (3) Amended Complaint. Plaintiff shall file an amended complaint within 30 days after the discovery has been completed. Defendant need not respond to a preliminary complaint filed under this rule, but shall answer or otherwise respond to the amended complaint in accordance with these rules for answering an original complaint. If plaintiff's motion is not allowed, or if an amended complaint is not filed after the requested documents or things or other information is furnished or obtained, defendant shall file such responsive pleading or motion within such time as the court may direct. (b) Pending Appeal. If an appeal has been taken from a judgment of the court or before the taking of an appeal if the time therefor has not expired, on motion the court may allow the taking of the depositions of witnesses to perpetuate their testimony for use in the event of further proceedings in this court. The party who desires to perpetuate the testimony may file a motion for leave to take the depositions that shows (1) the names and addresses of persons to be examined and the substance of the testimony which the party expects to elicit from each and (2) the reasons for perpetuating their testimony. If the court finds that the perpetuation of the testimony is proper to avoid a failure or delay of justice, it may make an order allowing the depositions to be taken and may make orders of the character provided for by Rules 34 and 35, and thereupon the depositions may be taken and used in the same manner and under the same conditions as are prescribed in these rules for depositions. (c) Perpetuation by Action. (Not used.) ------DocID 37456 Document 85 of 111------ -CITE- 28 USC APPENDIX - RULES OF THE COURT OF INTERNATIONAL TRADE Rule 27 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE TITLE V -HEAD- Rule 27. Depositions Before Action or Pending Appeal -STATUTE- (a) Before Action. (1) Petition. A person who desires to perpetuate testimony regarding any matter that may be cognizable in this court may file a verified petition. The petition shall be entitled in the name of the petitioner and shall show: (A) that the petitioner expects to be a party to an action cognizable in this court but is presently unable to bring it or cause it to be brought, (B) the subject matter of the expected action and the petitioner's interest therein, (C) the facts which the petitioner desires to establish by the proposed testimony and the reasons for desiring to perpetuate it, (D) the names or a description of the persons the petitioner expects will be adverse parties and their addresses so far as known, and (E) the names and addresses of the persons to be examined and the substance of the testimony which the petitioner expects to elicit from each, and shall ask for an order authorizing the petitioner to take the depositions of the persons to be examined named in the petition, for the purpose of perpetuating their testimony. (2) Notice and Service. The petitioner shall thereafter serve a notice upon each person named in the petition as an expected adverse party, together with a copy of the petition, stating that the petitioner will apply to the court, at a time and place named therein, for the order described in the petition. At least 20 days before the date of hearing, the notice shall be served in the manner provided in Rule 4 for service of summons; but if such service cannot with due diligence be made upon any expected adverse party named in the petition, the court may make such order as is just for service by publication or otherwise, and shall appoint, for persons not served in the manner prescribed by Rule 4, an attorney who shall represent them, and, in case they are not otherwise represented, shall cross-examine the deponent. If any expected adverse party is a minor or incompetent the provisions of Rule 17(c) apply. (3) Order and Examination. If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of justice, it shall make an order designating or describing the persons whose depositions may be taken and specifying the subject matter of the examination and whether the depositions shall be taken upon oral examination or written interrogatories. The depositions may then be taken in accordance with these rules; and the court may make orders of the character prescribed by Rules 34 and 35. (4) Use of Deposition. If a deposition to perpetuate testimony is taken under these rules, it may be used in any other action involving the same subject matter subsequently brought, in accordance with the provisions of Rule 32(a). (b) Pending Appeal. If an appeal has been taken from a judgment or before the taking of an appeal if the time therefor has not expired, the court may allow the taking of depositions of witnesses to perpetuate their testimony for use in the event of further proceedings in the court. In such case the party who desires to perpetuate the testimony may make a motion in the court for leave to take depositions, upon the same notice and service thereof as if the action was pending. The motion shall show (1) the names and addresses of persons to be examined and the substance of the testimony which the party expects to elicit from each; (2) the reasons for perpetuating their testimony. If the court finds that the perpetuation of the testimony is proper to avoid a failure or delay of justice, it may make an order allowing the depositions to be taken and may make orders of the character prescribed by Rules 34 and 35, thereupon the depositions may be taken and used in the same manner and under the same conditions as are prescribed in these rules for depositions taken in actions pending in court. (c) Perpetuation by Action. This rule does not limit the power of this court to entertain an action to perpetuate testimony. -SOURCE- (As amended July 28, 1988, eff. Nov. 1, 1988.) ------DocID 38487 Document 86 of 111------ -CITE- 30 USC Sec. 27 -EXPCITE- TITLE 30 CHAPTER 2 -HEAD- Sec. 27. Mining tunnels; right to possession of veins on line with; abandonment of right -STATUTE- Where a tunnel is run for the development of a vein or lode, or for the discovery of mines, the owners of such tunnel shall have the right of possession of all veins or lodes within three thousand feet from the face of such tunnel on the line thereof, not previously known to exist, discovered in such tunnel, to the same extent as if discovered from the surface; and locations on the line of such tunnel of veins or lodes not appearing on the surface, made by other parties after the commencement of the tunnel, and while the same is being prosecuted with reasonable diligence, shall be invalid; but failure to prosecute the work on the tunnel for six months shall be considered as an abandonment of the right to all undiscovered veins on the line of such tunnel. -SOURCE- (R.S. Sec. 2323.) -COD- CODIFICATION R.S. Sec. 2323 derived from act May 10, 1872, ch. 152, Sec. 4, 17 Stat. 92. -MISC3- SHORT TITLE This section is popularly known as the Tunnel Site Act. TEMPORARY SUSPENSION OF WORK REQUIREMENTS Act June 22, 1944, ch. 271, 58 Stat. 324, provided that from June 22, 1944, to 6 months after cessation of hostilities in World War II, no location on the line of a tunnel run for the development of a vein or lode or for the discovery of mines, or veins or lodes not appearing on the surface, made by parties other than the owners of the tunnel, shall be considered valid because of the failure of the owners to prosecute work thereon with reasonable diligence as required by this section. Cessation of hostilities of World War II, was proclaimed at 12 o'clock noon of December 31, 1946, by Proc. No. 2714. PROMOTION OF MINING See Promotion of Mining note set out under section 22 of this title. -CROSS- CROSS REFERENCES Michigan, Minnesota and Wisconsin mineral lands, see section 48 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 24, 29, 33, 37, 38, 39, 40, 42, 46, 47, 48, 49, 102, 541b of this title; title 16 section 460mm-1; title 25 section 640d-10; title 43 sections 1712, 1714, 1732. ------DocID 39077 Document 87 of 111------ -CITE- 30 USC CHAPTER 27 -EXPCITE- TITLE 30 CHAPTER 27 -HEAD- CHAPTER 27 - GEOTHERMAL ENERGY -MISC1- Sec. 1501. Congressional statement of findings. SUBCHAPTER I - PROJECT LOANS 1511. Loans for geothermal reservoir confirmation. (a) Authorization; purposes. (b) Repayment rates. (c) Cancellation of unpaid balance and accrued interest. (d) 'Person' defined. 1512. Loan size limitation. 1513. Loan interest rates; repayment periods. 1514. Program termination. 1515. Regulations. 1516. Authorizations. SUBCHAPTER II - STUDY, ESTABLISHMENT, AND IMPLEMENTATION OF INSURANCE PROGRAM 1521. Reservoir insurance program study. 1522. Establishment of program. (a) Authorization; requirements; scope. (b) Definitions. (c) Eligibility for investment insurance. (d) Application for investment insurance; contents, etc. (e) Determinations respecting application for insurance. (f) Certificate of insurance; issuance, etc. (g) Compensation payable to holder of certificate of insurance; amount, etc. (h) Withdrawal and payment of compensation. (i) Denial of insurance. (j) Appropriations. (k) Reinsurance agreements; procedures applicable; criteria; report to Congress. SUBCHAPTER III - ESTABLISHMENT OF ASSISTANCE PROGRAM 1531. Feasibility study loan program. (a) Authorization; purposes. (b) Maximum amount of loan for costs of administration; cancellation of unpaid balance and accrued interest. (c) Maximum amount of loan for costs of construction. (d) Interest rate; term. (e) Funding; deposit of amount repaid. (f) Authorization of appropriations. (g) 'Person' defined. SUBCHAPTER IV - FEDERAL FACILITIES 1541. Use of geothermal energy in Federal facilities. 1542. Regulations. ------DocID 39704 Document 88 of 111------ -CITE- 33 USC Sec. 27 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 27. Chicago River at Chicago, Illinois -STATUTE- All of that portion of the West Fork of the South Branch of the Chicago River in the county of Cook and State of Illinois, extending west from the west line of the collateral channel of the sanitary district of Chicago, in the northwest quarter of section 36, township 39 north, range 13 east, of the third principal meridian, is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. The right of Congress to alter, amend, or repeal this provision is expressly reserved. The provisions of sections 401 and 403 of this title shall not apply to that portion of the west arm of the South Fork of the South Branch of the Chicago River, lying between the east line of Ashland Avenue and the north line of Thirty-ninth Street, in the city of Chicago, Illinois, as the same now exists or may hereafter be extended. All rights, authority, or control over that part of the Chicago River possessed or assumed by the United States are relinquished and abandoned, and all rights, authority, or control over the same that were possessed by the State of Illinois are fully restored to said State. As soon as the city of Chicago, or any other governmental agency or any corporation thereunto duly authorized by the Secretary of the Army, shall have constructed, after June 7, 1924, a new channel for the South Branch of the Chicago River between West Polk Street and West Nineteenth Street in said city of Chicago, then, and in that event, so much of the channel of the South Branch of the Chicago River as shall be superseded and replaced by said new channel in accordance with the permit of the Secretary of the Army shall be discontinued and abandoned. -SOURCE- (Jan. 24, 1923, ch. 33, Sec. 1, 2, 42 Stat. 1171; Feb. 27, 1923, ch. 142, 42 Stat. 1323; June 7, 1924, ch. 337, 43 Stat. 646; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION The two sentences comprising the first paragraph of this section are, respectively, sections 1 and 2 of act Jan. 24, 1923. The second paragraph of this section is from act Feb. 27, 1923. The last paragraph of this section is from act June 7, 1924. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. ------DocID 40638 Document 89 of 111------ -CITE- 33 USC CHAPTER 27 -EXPCITE- TITLE 33 CHAPTER 27 -HEAD- CHAPTER 27 - OCEAN DUMPING -MISC1- Sec. 1401. Congressional finding, policy, and declaration of purpose. (a) Dangers of unregulated dumping. (b) Policy of regulation and prevention or limitation. (c) Regulation of dumping and transportation for dumping purposes. 1402. Definitions. SUBCHAPTER I - REGULATION 1411. Prohibited acts. 1412. Dumping permit program. (a) Environmental Protection Agency permits. (b) Permit categories. (c) Sites and times for dumping. (d) Fish wastes. (e) Foreign State permits; acceptance. 1412a. Emergency dumping of industrial waste. (a) Issuance of emergency permits. (b) 'Industrial waste' defined. 1413. Dumping permit program for dredged material. (a) Issuance by Secretary of the Army. (b) Independent determination of need for dumping, other methods of disposal, and appropriate locations. (c) Disagreement of Administrator with determination of Secretary of the Army. (d) Waiver of requirements. (e) Federal projects involving dredged material. 1414. Permit conditions. (a) Designated and included conditions. (b) Permit processing fees; reporting requirements. (c) General permits. (d) Review. (e) Information for review and evaluation of applications. (f) Public information. (g) Display of issued permits. (h) Low-level radioactive waste; research purposes. (i) Radioactive Material Disposal Impact Assessment; Congressional approval. 1414a. Special provisions regarding certain dumping sites. (a) New York Bight Apex. (b) Restriction on use of 106-mile site. 1414b. Ocean dumping of sewage sludge and industrial waste. (a) Termination of dumping. (b) Special dumping fees. (c) Compliance agreements and enforcement agreements. (d) Penalties. (e) Trust account. (f) Use of fees and penalties. (g) Enforcement. (h) State progress reports. (i) EPA progress reports. (j) Environmental monitoring. (k) Definitions. 1414c. Prohibition on disposal of sewage sludge at landfills on Staten Island. (a) In general. (b) Exclusion from penalties. (c) 'Sewage sludge' defined. 1415. Penalties. (a) Assessment of civil penalty by Administrator; remission or mitigation; court action for appropriate relief. (b) Criminal penalties. (c) Separate offenses. (d) Injunctive relief. (e) Liability of vessels in rem. (f) Revocation and suspension of permits. (g) Civil suits by private persons. (h) Emergencies. 1416. Relationship to other laws. (a) Voiding of preexisting licenses. (b) Actions under authority of Rivers and Harbors Act. (c) Impairment of navigation. (d) Consistent State programs. (e) Existing conservation programs not affected. (f) Dumping of dredged material in Long Island Sound from any Federal, etc., project. (g) Savings clause. 1417. Enforcement. (a) Utilization of other departments, agencies, and instrumentalities. (b) Delegation of review and evaluation authority. (c) Surveillance and other enforcement activity. 1418. Regulations. 1419. International cooperation. 1420. Authorization of appropriations. 1421. Annual report to Congress. SUBCHAPTER II - RESEARCH 1441. Monitoring and research program. 1442. Research program respecting possible long-range effects of pollution, overfishing, and man-induced changes of ocean ecosystems. (a) Secretary of Commerce. (b) Action with other nations. (c) Cooperation of other departments, agencies, and independent instrumentalities. (d) Utilization of personnel, services, and facilities; inter-agency agreements. 1443. Research program respecting ocean dumping and other methods of waste disposal. (a) Cooperation with public authorities, agencies, and institutions, and individuals. (b) Termination date for ocean dumping of sewage sludge not affected. (c) Regional management plans for waste disposal. (d) Report on sewage disposal in New York metropolitan area. 1444. Annual reports. (a) Report by Secretary of Commerce. (b) Report by Administrator. (c) Report by Under Secretary. 1445. Authorization of appropriations. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1269, 1345, 1503, 2602, 2622 of this title; title 18 section 1956; title 42 sections 6905, 9621, 10104. ------DocID 41070 Document 90 of 111------ -CITE- 35 USC CHAPTER 27 -EXPCITE- TITLE 35 PART III CHAPTER 27 -HEAD- CHAPTER 27 - GOVERNMENT INTERESTS IN PATENTS -MISC1- Sec. (266. Repealed.) 267. Time for taking action in Government applications. AMENDMENTS 1965 - Pub. L. 89-83, Sec. 8, July 24, 1965, 79 Stat. 261, struck out item 266 'Issue of patents without fees to Government employees'. ------DocID 41162 Document 91 of 111------ -CITE- 36 USC Sec. 27 -EXPCITE- TITLE 36 CHAPTER 2 -HEAD- Sec. 27. Exclusive right to emblems, badges, marks, and words or phrases -STATUTE- The corporation shall have the sole and exclusive right to have and to use, in carrying out its purposes, all emblems and badges, descriptive or designating marks, and words or phrases now or heretofore used by the Boy Scouts of America in carrying out its program, it being distinctly and definitely understood, however, that nothing in this chapter shall interfere or conflict with established or vested rights. -SOURCE- (June 15, 1916, ch. 148, Sec. 7, 39 Stat. 228.) -CROSS- CROSS REFERENCES Right to wear uniforms, see section 772 of Title 10, Armed Forces. Trade-mark provisions of section 1051 et seq. of Title 15 not to repeal or affect this section, see section 48 of act July 5, 1946, set out as a note under section 1051 of Title 15, Commerce and Trade. ------DocID 41658 Document 92 of 111------ -CITE- 36 USC CHAPTER 27 -EXPCITE- TITLE 36 CHAPTER 27 -HEAD- CHAPTER 27 - LEGION OF VALOR OF THE UNITED STATES OF AMERICA, INC. -MISC1- Sec. 631. Corporation created. 632. Completion of organization. 633. Principles and objects of corporation. 634. Powers of corporation. 635. Principal office; territorial scope of activities; agent for service of process. 636. Membership. (a) Eligibility. (b) Extension of eligibility to parents and descendants. (c) Voting rights. (d) Exception. 637. Governing body. (a) Composition. (b) Tenure. (c) Duties. 638. Officers. 639. Distribution of income or assets to members; loans. 640. Nonpolitical nature of corporation. 641. Liability for acts of officers and agents. 642. Prohibition against issuance of stock or payment of dividends. 643. Books and records; inspection. 644. Repealed. 645. Use of assets on dissolution or liquidation. 646. Acquisition of assets and liabilities of existing corporation. 647. Reservation of right to amend or repeal chapter. 648. Change of name to Legion of Valor of the United States of America, Incorporated. -CHANGE- CHANGE OF NAME The name of the corporation was changed from the Army and Navy Legion of Valor of the United States of America, Incorporated, to the Legion of Valor of the United States of America, Incorporated, by Pub. L. 87-56, Sec. 1, June 21, 1961, 75 Stat. 95. See section 648 of this title. ------DocID 43574 Document 93 of 111------ -CITE- 38 USC APPENDIX - RULES OF COURT OF VETERANS APPEALS Rule 27 -EXPCITE- TITLE 38 APPENDIX -HEAD- Rule 27. Motions -STATUTE- (a) Content of Motions; Response. Unless another form is required by these rules, an application for an order or other relief must be made by filing a motion, with proof of service (see Rule 25(d)) on all other parties. The motion must contain or be accompanied by any material required by any of the rules governing such a motion, must state with particularity the specific grounds on which it is based, must describe the order or relief sought, and must indicate if the motion is unopposed. If a motion is supported by briefs, affidavits, or other papers, they must be served and filed with the motion. Any party may file a response or opposition to a motion within 14 days after service of the motion, but motions authorized by Rule 8 (Stay or Injunction Pending Appeal) and petitions authorized by Rule 21(c) (Extraordinary Relief) may be acted upon after reasonable notice of the motion to all parties, and the Court may shorten or extend the time for responding to any motion. (b) Motions for Procedural Orders. Notwithstanding subsection (a) of this rule, motions for procedural orders, including any motion for an extension of time under Rule 26(b), may be acted on at any time, without awaiting a response, and, by rule or order of the Court, motions for certain procedural orders may be disposed of by the Clerk. Any party adversely affected by such an action may, by motion, request that the Court reconsider, vacate, or modify the action within 10 days after the action is announced. (c) Form of Papers; Number of Copies. For form of motions and related papers, see Rule 32. An original and three copies of all such papers must be filed with the Clerk, but the Court may require that additional copies be furnished. ------DocID 43827 Document 94 of 111------ -CITE- 40 USC Sec. 25 to 27 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 25 to 27. Omitted -COD- CODIFICATION Section 25, act Mar. 15, 1934, ch. 70, title I, 48 Stat. 442, related to amount to be paid as rentals for gas governors in certain public buildings, and was not repeated in subsequent appropriations acts. Section 26, act Apr. 17, 1936, ch. 233, 49 Stat. 1224, related to inspection of gas and electric meters, and was not repeated in subsequent appropriations acts. Section 27, acts July 31, 1876, ch. 246, 19 Stat. 115; Mar. 3, 1877, ch. 105, 19 Stat. 359; June 10, 1921, ch. 18, Sec. 301, 304, 42 Stat. 23, 24, related to reports of gas consumption. ------DocID 44608 Document 95 of 111------ -CITE- 41 USC Sec. 27 -EXPCITE- TITLE 41 CHAPTER 1 -HEAD- Sec. 27. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(109), 65 Stat. 705 -MISC1- Section, act June 5, 1920, ch. 235, Sec. 7, 41 Stat. 947, related to disposition of typewriting machines by Government departments and establishments. See sections 481, 483, and 484 of Title 40, Public Buildings, Property, and Works. ------DocID 44776 Document 96 of 111------ -CITE- 42 USC Sec. 27 -EXPCITE- TITLE 42 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 27. Definitions -STATUTE- The terms 'State' and 'States,' as used in this chapter, shall be held to include the District of Columbia. -SOURCE- (July 9, 1918, ch. 143, ch. XV, Sec. 8, 40 Stat. 887.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in text, means chapter XV of act July 9, 1918, ch. 143, 40 Stat. 887, which, insofar as classified to the Code, enacted sections 24 to 27 of this title and amended section 28 of this title. For complete classification of this Act to the Code, see Tables. ------DocID 45193 Document 97 of 111------ -CITE- 42 USC Sec. 290cc-27 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III-A Part C -HEAD- Sec. 290cc-27. Description of intended expenditures of grant -STATUTE- (a) In general The Secretary may not make payments under section 290cc-21 of this title unless - (1) as part of the application required in section 290cc-29 of this title, the State involved submits to the Secretary a description of the intended use for the fiscal year of the amounts for which the State is applying pursuant to such section; (2) such description identifies the geographic areas within the State in which the greatest numbers of homeless individuals with a need for mental health, substance abuse, and housing services are located; (3) such description provides information relating to the programs and activities to be supported and services to be provided, including information relating to coordinating such programs and activities with any similar programs and activities of public and private entities; and (4) the State agrees that such description will be revised throughout the year as may be necessary to reflect substantial changes in the programs and activities assisted by the State pursuant to section 290cc-22 of this title. (b) Opportunity for public comment The Secretary may not make payments under section 290cc-21 of this title unless the State involved agrees that, in developing and carrying out the description required in subsection (a) of this section, the State will provide public notice with respect to the description (including any revisions) and such opportunities as may be necessary to provide interested persons, such as family members, consumers, and mental health, substance abuse, and housing agencies, an opportunity to present comments and recommendations with respect to the description. (c) Relationship to State comprehensive mental health services plan (1) In general The Secretary may not make payments under section 290cc-21 of this title unless the services to be provided pursuant to the description required in subsection (a) of this section are consistent with the State comprehensive mental health services plan required in subpart 2 of part B of subchapter XVII of this chapter. (2) Special rule The Secretary may not make payments under section 290cc-21 of this title unless the services to be provided pursuant to the description required in subsection (a) of this section have been considered in the preparation of, have been included in, and are consistent with, the State comprehensive mental health services plan referred to in paragraph (1). -SOURCE- (July 1, 1944, ch. 373, title V, Sec. 527, as added July 22, 1987, Pub. L. 100-77, title VI, Sec. 611(3), 101 Stat. 520, and amended Nov. 29, 1990, Pub. L. 101-645, title V, Sec. 511, 104 Stat. 4730.) -MISC1- PRIOR PROVISIONS A prior section 527 of act July 1, 1944, was renumbered section 548 by section 611(2) of Pub. L. 100-77, and is classified to section 290ee-3 of this title. AMENDMENTS 1990 - Pub. L. 101-645 amended section generally, substituting provisions relating to description of intended expenditures of grant for provisions relating to requirement of reports by States. ------DocID 45629 Document 98 of 111------ -CITE- 42 USC Sec. 300y-21 to 300y-27 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XVII Part C -HEAD- Sec. 300y-21 to 300y-27. Omitted -COD- CODIFICATION Sections 300y-21 to 300y-27 terminated Jan. 1, 1991, pursuant to section 300y-27. Section 300y-21, act July 1, 1944, ch. 373, title XIX, Sec. 1931, as added Nov. 4, 1988, Pub. L. 100-607, title IV, Sec. 408(a), 102 Stat. 3117, provided definitions for this part. A prior section 1931 of act July 1, 1944, ch. 373, title XIX, as added Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 901, 95 Stat. 559, which provided criminal penalty for false statements, was classified to former section 300y-10 of this title and was repealed by Pub. L. 99-280, Sec. 5, Apr. 24, 1986, 100 Stat. 400. Section 300y-22, act July 1, 1944, ch. 373, title XIX, Sec. 1932, as added Nov. 4, 1988, Pub. L. 100-607, title IV, Sec. 408(a), 102 Stat. 3117, authorized appropriations for this part. A prior section 1932 of act July 1, 1944, ch. 373, title XIX, as added Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 901, 95 Stat. 559, and amended Jan. 4, 1983, Pub. L. 97-414, Sec. 8(v), 96 Stat. 2063, which related to applicability of other provisions and promulgation of regulations, was classified to former section 300y-11 of this title and was repealed by Pub. L. 99-280, Sec. 5, Apr. 24, 1986, 100 Stat. 400. Section 300y-23, act July 1, 1944, ch. 373, title XIX, Sec. 1933, as added Nov. 4, 1988, Pub. L. 100-607, title IV, Sec. 408(a), 102 Stat. 3117, provided for allotments under this part. Section 300y-24, act July 1, 1944, ch. 373, title XIX, Sec. 1934, as added Nov. 4, 1988, Pub. L. 100-607, title IV, Sec. 408(a), 102 Stat. 3118, provided for payments under allotments to States. Section 300y-25, act July 1, 1944, ch. 373, title XIX, Sec. 1935, as added Nov. 4, 1988, Pub. L. 100-607, title IV, Sec. 408(a), 102 Stat. 3118, specified use of allotments. Section 300y-26, act July 1, 1944, ch. 373, title XIX, Sec. 1936, as added Nov. 4, 1988, Pub. L. 100-607, title IV, Sec. 408(a), 102 Stat. 3119, provided for applications, requirements of the application, and description of activities. Section 300y-27, act July 1, 1944, ch. 373, title XIX, Sec. 1937, as added Nov. 4, 1988, Pub. L. 100-607, title IV, Sec. 408(a), 102 Stat. 3120, and amended Aug. 16, 1989, Pub. L. 101-93, Sec. 5(f)(1)(B), 103 Stat. 612, provided for termination of this part effective Jan. 1, 1991. ------DocID 45669 Document 99 of 111------ -CITE- 42 USC Sec. 300aa-27 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XIX Part 2 subpart c -HEAD- Sec. 300aa-27. Mandate for safer childhood vaccines -STATUTE- (a) General rule In the administration of this part and other pertinent laws under the jurisdiction of the Secretary, the Secretary shall - (1) promote the development of childhood vaccines that result in fewer and less serious adverse reactions than those vaccines on the market on December 22, 1987, and promote the refinement of such vaccines, and (2) make or assure improvements in, and otherwise use the authorities of the Secretary with respect to, the licensing, manufacturing, processing, testing, labeling, warning, use instructions, distribution, storage, administration, field surveillance, adverse reaction reporting, and recall of reactogenic lots or batches, of vaccines, and research on vaccines, in order to reduce the risks of adverse reactions to vaccines. (b) Task force (1) The Secretary shall establish a task force on safer childhood vaccines which shall consist of the Director of the National Institutes of Health, the Commissioner of the Food and Drug Administration, and the Director of the Centers for Disease Control. (2) The Director of the National Institutes of Health shall serve as chairman of the task force. (3) In consultation with the Advisory Commission on Childhood Vaccines, the task force shall prepare recommendations to the Secretary concerning implementation of the requirements of subsection (a) of this section. (c) Report Within 2 years after December 22, 1987, and periodically thereafter, the Secretary shall prepare and transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate a report describing the actions taken pursuant to subsection (a) of this section during the preceding 2-year period. -SOURCE- (July 1, 1944, ch. 373, title XXI, Sec. 2127, as added Nov. 14, 1986, Pub. L. 99-660, title III, Sec. 311(a), 100 Stat. 3777, and amended Dec. 22, 1987, Pub. L. 100-203, title IV, Sec. 4302(b)(1), 101 Stat. 1330-221; Dec. 19, 1989, Pub. L. 101-239, title VI, Sec. 6601(q), 103 Stat. 2292.) -COD- CODIFICATION In subsecs. (a)(1), (c), 'December 22, 1987' substituted for 'the effective date of this subpart' on authority of section 323 of Pub. L. 99-660, as amended, set out as an Effective Date note under section 300aa-1 of this title. -MISC3- AMENDMENTS 1989 - Subsecs. (b), (c). Pub. L. 101-239 added subsec. (b) and redesignated former subsec. (b) as (c). 1987 - Subsecs. (a)(1), (b). Pub. L. 100-203 substituted 'effective date of this subpart' for 'effective date of this part'. EFFECTIVE DATE OF 1989 AMENDMENT For applicability of amendments by Pub. L. 101-239 to petitions filed after Dec. 19, 1989, petitions currently pending in which the evidentiary record is closed, and petitions currently pending in which the evidentiary record is not closed, with provision for an immediate suspension for 30 days of all pending cases, see section 6601(s)(1) of Pub. L. 101-239, set out as a note under section 300aa-10 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 300aa-19 of this title. ------DocID 45767 Document 100 of 111------ -CITE- 42 USC Sec. 300ff-27 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XXIV Part B -HEAD- Sec. 300ff-27. State application -STATUTE- (a) In general The Secretary shall not make a grant to a State under this part for a fiscal year unless the State prepares and submits, to the Secretary, an application at such time, in such form, and containing such agreements, assurances, and information as the Secretary determines to be necessary to carry out this part. (b) Description of intended uses and agreements The application submitted under subsection (a) of this section shall contain - (1) a detailed description of the HIV-related services provided in the State to individuals and families with HIV disease during the year preceding the year for which the grant is requested, and the number of individuals and families receiving such services, that shall include - (A) a description of the types of programs operated or funded by the State for the provision of HIV-related services during the year preceding the year for which the grant is requested and the methods utilized by the State to finance such programs; (B) an accounting of the amount of funds that the State has expended for such services and programs during the year preceding the year for which the grant is requested; and (C) information concerning - (i) the number of individuals to be served with assistance provided under the grant; (ii) demographic data on the population of the individuals to be served; (iii) the average cost of providing each category of HIV-related health services and the extent to which such cost is paid by third-party payors; and (iv) the aggregate amounts expended for each such category of services; (2) a comprehensive plan for the organization and delivery of HIV health care and support services to be funded with assistance received under this part that shall include a description of the purposes for which the State intends to use such assistance, including - (A) the services and activities to be provided and an explanation of the manner in which the elements of the program to be implemented by the State with such assistance will maximize the quality of health and support services available to individuals with HIV disease throughout the State; and (B) a description of the manner in which services funded with assistance provided under this part will be coordinated with other available related services for individuals with HIV disease; and (3) an assurance by the State that - (A) the public health agency that is administering the grant for the State will conduct public hearings concerning the proposed use and distribution of the assistance to be received under this part; (B) the State will - (i) to the maximum extent practicable, ensure that HIV-related health care and support services delivered pursuant to a program established with assistance provided under this part will be provided without regard to the ability of the individual to pay for such services and without regard to the current or past health condition of the individual with HIV disease; (ii) ensure that such services will be provided in a setting that is accessible to low-income individuals with HIV disease; (iii) provide outreach to low-income individuals with HIV disease to inform such individuals of the services available under this part; and (iv) in the case of a State that intends to use amounts provided under the grant for purposes described in (FOOTNOTE 1) 300ff-25 of this title, submit a plan to the Secretary that demonstrates that the State has established a program that assures that - (FOOTNOTE 1) So in original. Probably should be followed by 'section'. (I) such amounts will be targeted to individuals who would not otherwise be able to afford health insurance coverage; and (II) income, asset, and medical expense criteria will be established and applied by the State to identify those individuals who qualify for assistance under such program, and information concerning such criteria shall be made available to the public; (C) the State will provide for periodic independent peer review to assess the quality and appropriateness of health and support services provided by entities that receive funds from the State under this part; (D) the State will permit and cooperate with any Federal investigations undertaken regarding programs conducted under this part; (E) the State will maintain HIV-related activities at a level that is equal to not less than the level of such expenditures by the State for the 1-year period preceding the fiscal year for which the State is applying to receive a grant under this part; and (F) the State will ensure that grant funds are not utilized to make payments for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to that item or service - (i) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (ii) by an entity that provides health services on a prepaid basis. (c) Requirements regarding imposition of charges for services (1) In general The Secretary may not make a grant under section 300ff-21 of this title to a State unless the State provides assurances that in the provision of services with assistance provided under the grant - (A) in the case of individuals with an income less than or equal to 100 percent of the official poverty line, the provider will not impose charges on any such individual for the provision of services under the grant; (B) in the case of individuals with an income greater than 100 percent of the official poverty line, the provider - (i) will impose charges on each such individual for the provision of such services; and (ii) will impose charges according to a schedule of charges that is made available to the public; (C) in the case of individuals with an income greater than 100 percent of the official poverty line and not exceeding 200 percent of such poverty line, the provider will not, for any calendar year, impose charges in an amount exceeding 5 percent of the annual gross income of the individual involved; (D) in the case of individuals with an income greater than 200 percent of the official poverty line and not exceeding 300 percent of such poverty line, the provider will not, for any calendar year, impose charges in an amount exceeding 7 percent of the annual gross income of the individual involved; and (E) in the case of individuals with an income greater than 300 percent of the official poverty line, the provider will not, for any calendar year, impose charges in an amount exceeding 10 percent of the annual gross income of the individual involved. (2) Assessment of charge With respect to compliance with the assurance made under paragraph (1), a grantee under this part may, in the case of individuals subject to a charge for purposes of such paragraph - (A) assess the amount of the charge in the discretion of the grantee, including imposing only a nominal charge for the provision of services, subject to the provisions of such paragraph regarding public schedules regarding limitation on the maximum amount of charges; and (B) take into consideration the medical expenses of individuals in assessing the amount of the charge, subject to such provisions. (3) Applicability of limitation on amount of charge The Secretary may not make a grant under section 300ff-21 of this title unless the applicant of the grant agrees that the limitations established in subparagraphs (C), (D), and (E) of paragraph (1) regarding the imposition of charges for services applies to the annual aggregate of charges imposed for such services, without regard to whether they are characterized as enrollment fees, premiums, deductibles, cost sharing, copayments, coinsurance, or other charges. (4) Waiver (A) In general The State shall waive the requirements established in paragraphs (1) through (3) in the case of an entity that does not, in providing health care services, impose a charge or accept reimbursement from any third-party payor, including reimbursement under any insurance policy or under any Federal or State health benefits program. (B) Determination A determination by the State of whether an entity referred to in subparagraph (A) meets the criteria for a waiver under such subparagraph shall be made without regard to whether the entity accepts voluntary donations regarding the provision of services to the public. (d) Requirement of matching funds regarding State allotments (1) In general In the case of any State to which the criterion described in paragraph (3) applies, the Secretary may not make a grant under this part unless the State agrees that, with respect to the costs to be incurred by the State in carrying out the program for which the grant was awarded, the State will, subject to subsection (b)(2) of this section, make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount equal to - (A) for the first fiscal year of payments under the grant, not less than 16 2/3 percent of such costs ($1 for each $5 of Federal funds provided in the grant); (B) for any second fiscal year of such payments, not less than 20 percent of such costs ($1 for each $4 of Federal funds provided in the grant); (C) for any third fiscal year of such payments, not less than 25 percent of such costs ($1 for each $3 of Federal funds provided in the grant); (D) for any fourth fiscal year of such payments, not less than 33 1/3 percent of such costs ($1 for each $2 of Federal funds provided in the grant); and (E) for any subsequent fiscal year of such payments, not less than 33 1/3 percent of such costs ($1 for each $2 of Federal funds provided in the grant). (2) Determination of amount of non-Federal contribution (A) In general Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, and any portion of any service subsidized by the Federal Government, may not be included in determining the amount of such non-Federal contributions. (B) Inclusion of certain amounts (i) In making a determination of the amount of non-Federal contributions made by a State for purposes of paragraph (1), the Secretary shall, subject to clause (ii), include any non-Federal contributions provided by the State for HIV-related services, without regard to whether the contributions are made for programs established pursuant to this subchapter; (ii) In making a determination for purposes of clause (i), the Secretary may not include any non-Federal contributions provided by the State as a condition of receiving Federal funds under any program under this subchapter (except for the program established in this part) or under other provisions of law. (3) Applicability of requirement (A) Number of cases A State referred to in paragraph (1) is any State for which the number of cases of acquired immune deficiency syndrome reported to and confirmed by the Director of the Centers for Disease Control for the period described in subparagraph (B) constitutes in excess of 1 percent of the aggregate number of such cases reported to and confirmed by the Director for such period for the United States. (B) Period of time The period referred to in subparagraph (A) is the 2-year period preceding the fiscal year for which the State involved is applying to receive a grant under subsection (a) of this section. (C) Puerto Rico For purposes of paragraph (1), the number of cases of acquired immune deficiency syndrome reported and confirmed for the Commonwealth of Puerto Rico for any fiscal year shall be deemed to be less than 1 percent. (4) Diminished State contribution With respect to a State that does not make available the entire amount of the non-Federal contribution referred to in paragraph (1), the State shall continue to be eligible to receive Federal funds under a grant under this part, except that the Secretary in providing Federal funds under the grant shall provide such funds (in accordance with the ratios prescribed in paragraph (1)) only with respect to the amount of funds contributed by such State. -SOURCE- (July 1, 1944, ch. 373, title XXVI, Sec. 2617, as added Aug. 18, 1990, Pub. L. 101-381, title II, Sec. 201, 104 Stat. 590.) ------DocID 47272 Document 101 of 111------ -CITE- 42 USC CHAPTER 27 -EXPCITE- TITLE 42 CHAPTER 27 -HEAD- CHAPTER 27 - LOAN SERVICE OF CAPTIONED FILMS AND EDUCATIONAL MEDIA FOR HANDICAPPED -MISC1- Sec. 2491 to 2494. Repealed. 2495. National Advisory Committee on Education of the Deaf. (a) Establishment; number and appointment of members; representation of interests; Chairman; term of office; vacancies; restriction on term. (b) Functions of Advisory Committee. (c) Advisory professional or technical personnel. (d) Compensation and travel expenses. (e) Meetings. ------DocID 51949 Document 102 of 111------ -CITE- 43 USC CHAPTER 27 -EXPCITE- TITLE 43 CHAPTER 27 -HEAD- CHAPTER 27 - PUBLIC LANDS IN OKLAHOMA -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 1091 to 1094. Repealed. 1095. Reservations between sections for highway purposes. 1096 to 1098. Repealed. 1099. Division into counties before opening to settlement; reservation for county seats. 1100 to 1102g. Repealed. SUBCHAPTER II - TOWN SITES 1111 to 1119. Repealed. SUBCHAPTER III - LANDS IN GREER COUNTY 1131 to 1134. Repealed. ------DocID 52596 Document 103 of 111------ -CITE- 44 USC CHAPTER 27 -EXPCITE- TITLE 44 CHAPTER 27 -HEAD- CHAPTER 27 - ADVISORY COMMITTEE ON THE RECORDS OF CONGRESS -MISC1- Sec. 2701. Advisory Committee on the Records of Congress. 2702. Membership; chairman; meetings. 2703. Functions of the Committee. 2704. Powers of the Committee. 2705. Compensation and travel expenses. 2706. Administrative provisions. ------DocID 52695 Document 104 of 111------ -CITE- 45 USC Sec. 24 to 27 -EXPCITE- TITLE 45 CHAPTER 1 -HEAD- Sec. 24 to 27. Omitted -COD- CODIFICATION Section 24, acts Feb. 17, 1911, ch. 103, Sec. 3, 36 Stat. 914; Apr. 22, 1940, ch. 124, Sec. 1, 54 Stat. 148; May 27, 1947, ch. 85, Sec. 1, 61 Stat. 120; Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972; June 22, 1988, Pub. L. 100-342, Sec. 14(3), 102 Stat. 633, provided for appointment and salaries of a director of locomotive inspection and two assistant directors of locomotive inspection and was omitted pursuant to Reorg. Plan No. 3 of 1965, eff. July 27, 1965, 30 F.R. 9351, 79 Stat. 1320, set out under section 22 of this title, which abolished the offices of director of locomotive inspection, assistant directors of locomotive inspection, and district inspectors of locomotives. Acts June 26, 1918, ch. 105, 40 Stat. 616; June 7, 1924, ch. 355, Sec. 6, 43 Stat. 659; June 27, 1930, ch. 644, Sec. 1, 46 Stat. 822, which provided for the pay of chief inspector, assistant inspectors, and district directors of locomotives, and related to office allowances for each inspector, and which were cited as a credit to section 24, were repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 643, 646, 648. Section 25, acts Feb. 17, 1911, ch. 103, Sec. 3, 36 Stat. 914; June 7, 1924, ch. 355, Sec. 3, 43 Stat. 659; Apr. 22, 1940, ch. 124, Sec. 1, 54 Stat. 148; May 27, 1947, ch. 85, Sec. 1, 61 Stat. 120, provided for location of office of director of locomotive inspection in Washington, D.C., and for staffing of such office, and was omitted pursuant to Reorg. Plan No. 3 of 1965, set out under section 22 of this title. Section 26, acts Feb. 17, 1911, ch. 103, Sec. 4, 36 Stat. 914; Apr. 22, 1940, ch. 124, Sec. 1, 54 Stat. 148; May 27, 1947, ch. 85, Sec. 2, 61 Stat. 120, directed director of locomotive inspection to divide country into 50 locomotive boiler inspection districts so as to most effectively divide up work of inspector for each such district and was omitted pursuant to Reorg. Plan No. 3 of 1965, set out under section 22 of this title, which abolished the offices of director of locomotive inspection, assistant directors of locomotive inspection, and district inspectors of locomotives, together with the function of the director of locomotive inspection with respect to dividing the country into districts. Acts June 26, 1918, ch. 105, 40 Stat. 616; June 27, 1930, ch. 644, Sec. 2, 46 Stat. 823, which were cited as a credit to section 26, were repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 643, 648. Section 27, act Feb. 17, 1911, ch. 103, Sec. 4 (par), as added June 7, 1924, ch. 355, Sec. 4, 43 Stat. 659, and amended Apr. 22, 1940, ch. 124, Sec. 1, 54 Stat. 148, authorized appointment of 15 additional boiler inspectors over and above number authorized by section 26 of this title as the needs of the service may require, and was omitted pursuant to Reorg. Plan No. 3 of 1965, set out under section 22 of this title. ------DocID 54080 Document 105 of 111------ -CITE- 47 USC Sec. 27 -EXPCITE- TITLE 47 CHAPTER 2 -HEAD- Sec. 27. Offending vessels to show nationality -STATUTE- Any person having the custody of the papers necessary for the preparation of the statements provided for in article 10 of the said convention with respect to reports of infractions, by officers commanding vessels of war or vessels especially commissioned, who shall refuse to exhibit them or shall violently resist persons having authority according to article 10 of said convention to draw up statements of facts in the exercise of their functions, shall be guilty of a misdemeanor, and on conviction thereof shall be liable to imprisonment not exceeding two years, or to a fine not exceeding $5,000, or to both fine and imprisonment, at the discretion of the court. -SOURCE- (Feb. 29, 1888, ch. 17, Sec. 7, 25 Stat. 42.) -COD- CODIFICATION The original enactment of this section did not contain the words, 'with respect to reports of infractions, by officers commanding vessels of war or vessels especially commissioned,' which have been inserted in view of article 10 of the Convention, referred to in text, and set out as a note below. -MISC3- PROVISION OF INTERNATIONAL CONVENTION Article 10 of the International Convention for the Protection of Submarine Cables, made at Paris on May (March) 14, 1884, and proclaimed by the President of the United States on May 22, 1885, 24 Stat. 996, referred to in this section, read as follows: 'Evidence of violations of this convention may be obtained by all methods of securing proof that are allowed by the laws of the country of the court before which a case has been brought. 'When the officers commanding the vessels of war or the vessels specially commissioned for that purpose, of one of the High Contracting Parties, shall have reason to believe that an infraction of the measures provided for by this Convention has been committed by a vessel other than a vessel of war, they may require the captain or master to exhibit the official documents furnishing evidence of the nationality of the said vessel. Summary mention of such exhibition shall at once be made on the documents exhibited. 'Reports may, moreover, be prepared by the said officers, whatever may be the nationality of the inculpated vessel. These reports shall be drawn up in the form and in the language in use in the country to which the officer drawing them up belongs; they may be used as evidence in the country in which they shall be invoked, and according to the laws of such country. The accused parties and the witnesses shall have the right to add or to cause to be added thereto, in their own language, any explanations that they may deem proper; these declarations shall be duly signed.' ------DocID 54324 Document 106 of 111------ -CITE- 48 USC Sec. 21 to 27 -EXPCITE- TITLE 48 CHAPTER 2 -HEAD- Sec. 21 to 27. Omitted -COD- CODIFICATION Sections 21 to 27, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union. Section 21, act Aug. 24, 1912, ch. 387, Sec. 1, 37 Stat. 512, provided for organization and administration of Territory of Alaska. Section 22, act Aug. 24, 1912, ch. 387, Sec. 2, 37 Stat. 512, directed that Capital of Territory be at Juneau. Section 23, act Aug. 24, 1912, ch. 387, Sec. 3, 37 Stat. 512, extended Constitution and laws of United States to Territory. Section 24, acts Aug. 24, 1912, ch. 387, Sec. 3, 37 Stat. 512; July 28, 1956, ch. 772, title III, Sec. 301(c), 70 Stat. 713, limited authority of Territorial legislature to repeal or amend existing laws. Section 25, act June 6, 1900, ch. 786, Sec. 30, 31 Stat. 332, empowered Attorney General to prescribe fees of officers not otherwise compensated. Section 26, act June 6, 1900, ch. 786, Sec. 2, 31 Stat. 321, authorized governor to appoint notaries public. Section 27, act June 6, 1900, ch. 786, Sec. 2, 31 Stat. 321, validated appointments of notaries public made prior to June 6, 1900. ------DocID 55249 Document 107 of 111------ -CITE- 49 USC APPENDIX - TRANSPORTATION Sec. 27 -EXPCITE- TITLE 49, APPENDIX CHAPTER 1 -HEAD- Sec. 27. Repealed. Pub. L. 95-473, Sec. 4(b), Oct. 17, 1978, 92 Stat. 1466 -MISC1- Section, act Feb. 4, 1887, ch. 104, pt. I, Sec. 29, as added Feb. 28, 1920, ch. 91, Sec. 441, 41 Stat. 499, amended Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 543, renumbered Sec. 26 and amended Sept. 18, 1940, ch. 722, title I, Sec. 14(c), 54 Stat. 919, renumbered Sec. 27, Dec. 23, 1970, Pub. L. 91-569, Sec. 1, 84 Stat. 1499, renumbered Sec. 29, Feb. 5, 1976, Pub. L. 94-210, title III, Sec. 304(a), 90 Stat. 51, authorized chapter to be cited as part I of the Interstate Commerce Act. For disposition of this section in revised Title 49, Transportation, see Table at beginning of Title 49. ------DocID 55713 Document 108 of 111------ -CITE- 49 USC APPENDIX - TRANSPORTATION CHAPTER 27 -EXPCITE- TITLE 49, APPENDIX CHAPTER 27 -HEAD- CHAPTER 27 - HAZARDOUS MATERIALS TRANSPORTATION -MISC1- Sec. 1801. Congressional declaration of policy. 1802. Definitions. 1803. Designation of hazardous materials. 1804. Regulations governing transportation of hazardous materials. (a) General. (b) Highway routing. (c) List of route designations. (d) International uniformity. (e) Unlawful representation. (f) Unlawful tampering. (g) Disclosure. 1805. Handling of hazardous materials. (a) Criteria. (b) Training criteria for safe handling and transportation. (c) Registration. (d) Motor carrier safety permits. (e) Registration statement. (f) Filing of statement. 1806. Exemptions. (a) General. (b) Vessels. (c) Firearms and ammunition. (d) Limitation on authority. 1807. Transportation of radioactive materials on passenger-carrying aircraft. (a) General. (b) 'Radioactive materials' defined. 1808. Powers and duties of Secretary. (a) General. (b) Records. (c) Inspection. (d) Facilities and duties; contract limitations. (e) Annual report. 1809. Penalties. (a) Civil. (b) Criminal. 1810. Specific relief. (a) General. (b) Imminent hazard. 1811. Relationship to other laws. (a) In general. (b) Fees. (c) Determination of preemption. (d) Waiver of preemption. (e) Judicial review. (f) Other Federal laws. 1812. Authorization of appropriations. (a) In general. (b) Credits. 1813. Transportation of certain highly radioactive materials. (a) Railroad transportation study. (b) Safe rail transport of certain radioactive materials. (c) Mode and route study. (d) Inspections of vehicles transporting highway route controlled quantity radioactive materials. 1814. Unsatisfactory safety ratings. (a) Prohibition on transportation. (b) Review of rating. (c) Prohibition on Federal agency use. 1815. Public sector training and planning. (a) Planning grant program. (b) Training grant program. (c) Adoption of Federal standards and compliance with emergency planning requirements. (d) Federal share. (e) Applications. (f) Delegation of authority. (g) Training curriculum. (h) Fees for training and planning. (i) Funding. 1816. Hazmat employee training grant program. (a) Grant purposes. (b) Administration. (c) Grant recipients. (d) Funding. 1817. Railroad tank cars. (a) Prohibitions for certain materials. (b) Applicability to other materials. 1818. Application of Federal, State, and local law to Federal contractors. 1819. Uniformity of State motor carrier registration and permitting forms and procedures. (a) Working group. (b) Consultation requirement. (c) Report. (d) Regulations. (e) Uniformity. (f) Implementation efficiency. (g) Applicability of Advisory Committee Act. (h) Authorization of appropriation. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 2301, 2503, 2505, 2518, 2704, 2716, 2809, 2811 of this Appendix; title 18 section 844; title 42 sections 6912, 6921, 6923, 9656; title 45 section 441; title 49 section 521. ------DocID 56277 Document 109 of 111------ -CITE- 50 USC CHAPTER 27 -EXPCITE- TITLE 50 CHAPTER 27 -HEAD- CHAPTER 27 - RESERVE OFFICER PERSONNEL PROGRAM ------DocID 56393 Document 110 of 111------ -CITE- 50 USC APPENDIX - WAR AND NATIONAL DEFENSE Sec. 27 -EXPCITE- TITLE 50 APPENDIX TRADING WITH THE ENEMY ACT OF 1917 ACT OCT -HEAD- Sec. 27. Return by Custodian, to United States, of payments under licenses, assignments or sales of patents -STATUTE- The Alien Property Custodian is authorized and directed to return to the United States any consideration paid to him by the United States under any license, assignment, or sale by the Alien Property Custodian to the United States of any patent (or any right therein or claim thereto, and including an application therefor and any patent issued pursuant to any such application). -SOURCE- (Oct. 6, 1917, ch. 106, Sec. 27, as added Mar. 10, 1928, ch. 167, Sec. 15, 45 Stat. 274.) -TRANS- TRANSFER OF FUNCTIONS Functions of Alien Property Custodian and Office of Alien Property Custodian, except those relating to property or interest in Philippines, vested in Attorney General. See notes set out under section 6 of this Appendix. -MISC5- WORLD WAR II ALIEN PROPERTY CUSTODIAN Reestablishment and termination of Office of Alien Property Custodian during World War II, see notes set out under section 6 of this Appendix. -CROSS- CROSS REFERENCES Enemy's rights under patents, see section 10 of this Appendix. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 28 section 2680. ------DocID 8980 Document 111 of 111------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 27 OF 1950 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 27 OF 1950 -MISC1- Reorganization Plan No. 27 of 1950, which proposed establishment of a Department of Health, Education, and Security, was submitted to Congress on May 31, 1950, and was disapproved by the House of Representatives on July 10, 1950. ------End Document Listing------ Thank You For Using I-SEARCH.