Chapter 342. To transfer to the Attorney General certain functions in the administration of the National Prohibition Act, to create a Bureau of Prohibition in the Department of Justice, and for other purposes
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CHAP. 342.— An Act To transfer to the Attorney General certain functions in the administration of the National Prohibition Act, to create a Bureau of Prohibition in the Department of Justice, and for other purposes. May 27, 1930.[[H. R. 85741](/us/bill/71/hr/85741).][[Public, No. 273](/us/pl/71/273).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That this Act mayProhibition Reorganization Act of 1930.*Post*, p. 879. be cited as the “Prohibition Reorganization Act of 1930.” Sec. 2.
(a)There shall be in the Department of Justice a BureauBureau of Prohibition created in Department of Justice.Director, appointment, salary. of Prohibition, at the head of which shall be a Director of Prohibition. The Director of Prohibition shall be appointed by the Attorney General, without regard to the civil service laws, and shall receive a salary at the rate of $9,000 per annum.
(b)The Attorney General is authorized to appoint, without regardAssistant Director, officers, etc. to the civil service laws, an Assistant Director of Prohibition and such attorneys as he deems necessary and, in accordance with the competitive provisions of the civil service laws, such other officers and employees as he deems necessary. The salaries of the AssistantSalaries under Classification Acts.Vol. 42, p. 1488; Vol. 45, p. 776.[U. S. C., p. 65; Supp. IV, p. 25](/us/usc/p25).*Post*, p. 1003. Director and of all such attorneys, officers, and employees shall be fixed in accordance with the Classification Act of 1923, as amended (United States Code, title 5, chapter 13; United States Code, Supplement III, title 5, chapter 13).
(c)The Attorney General is authorized to designate any officerActing Director to be designated by Attorney General. or employee of the Department of Justice to act as Director of Prohibition during the absence or disability of the Director of Prohi bition, or in the event that there is no Director of Prohibition. 428
(d)Duties of personnel. The personnel of the Bureau of Prohibition shall perform such duties, in the District of Columbia or elsewhere, as the Attorney General shall prescribe. Sec. 3. Enforcement division created in Treasury, Bureau of Prohibition.
(a)The Secretary of the Treasury and the Attorney General by joint regulation shall, as soon as may be after the passage and approval of this Act, create an enforcement division in the Bureau of Prohibition in the Treasury Department and place in and apportion to such enforcement division so much of the personnel, appropriations, records, files, and property of said bureau as they shall agree upon.
(b)Transfer of personnel to Bureau of Prohibition, Department of Justice.*Ante*, p. 342. All attorneys, officers, and employees of the enforcement division of the Bureau of Prohibition in the Treasury Department are hereby transferred, without change in classification or compensation,*Post*, p. 1071. to the Bureau of Prohibition in the Department of Justice, but such attorneys shall not be subject to the provisions of the civil service*Proviso*.Dismissal of officials violating prohibition laws. laws: *Provided*, That all officers and employees of the Bureau of Prohibition who the Attorney General finds have heretofore violated or shall hereafter violate any penal provisions of the Federal prohibition laws shall be dismissed.
(c)Enforcement division records, appropriations etc., transferred to Bureau in Department of Justice. All records, files, and property (including office equipment) of the enforcement division of the Bureau of Prohibition, and the portion of the unexpended appropriations for the Bureau of Prohibition in the Treasury Department apportioned for the use of such enforcement division, are transferred to the Bureau of Prohibition in the Department of Justice.
(d)Availability of transferred appropriations. Appropriations transferred by this Act shall be available for expenditure by the bureau to which they are transferred as if such bureau had been named in the Act making the appropriations. Sec. 4. Duties of Attorney General.
(a)The following duties are imposed upon the Attorney General:
(1)Investigate violations of prohibition laws and penal provisions of internal revenue Act. The investigation of violations of the National Prohibition Act, and violations of the internal revenue laws if a violation of such Act is involved, for the purpose of enforcing the penal provisions of such Act and laws.
(2)Apprehend and prosecute offenders. The apprehension and prosecution of offenders against such Act, and offenders against the internal revenue laws if a violation of such Act is involved.
(3)Seizures, forfeitures, compromises, etc.Vol. 45, p, 882.[U. S. C., Supp. IV, p. 415](/us/usc/p415). The making of all seizures and enforcement of all forfeitures under such Act, or under the internal revenue laws if a violation of such Act is involved; and the remission or mitigation under section 709 of the Revenue Act of 1928 (United States Code, Supplement III, title 26, section 2709), of any such forfeiture under the internal revenue laws; and
(4)Determination of liability for taxes, etc. The determination of liability for internal revenue taxes and penalties if a violation of the National Prohibition Act is involved, and the institution of suits upon, and compromise (before or after suit is brought) of, any cause of action under such Act or under theAssessments and collections under Secretary of the Treasury. internal revenue laws if a violation of such Act is involved; but all assessments and collections shall be made under the direction of the Secretary of the Treasury, in acccordance with existing law.
(b)Administrative action, etc., as to bonds and permits, by Secretary of the Treasury. The duty to make all investigations necessary in or incidental to administrative action with respect to permits and bonds given in connection therewith and the power to make seizures and arrests for violations discovered in the course of such investigations shall remainEnforcing penal provisions of prohibition laws by Attorney General. with the Secretary of the Treasury, but the Attorney General shall make such investigations as he deems necessary to prevent violations of, or for the purpose of enforcing the penal provisions of, the National Prohibition Act. 429
(c)The power under section 34 of Title II of the National ProhibitionPower to Inspect records, swear out warrants, conferred upon Attorney General.Vol. 41, p. 317.[U. S. C., p. 859](/us/usc/p859). Act (United States Code, title 27, section 51) to require copies of records and reports, the power to inspect records and reports kept or filed under the provisions of such Act, the power to swear out warrants for offenders against such Act, and offenders against the internal revenue laws if a violation of such Act is involved, and the power and protection of section 28 of Title II of such Act (United States Code, title 27, section 45), are conferred upon the Attorney General, but such powers and protection shall also remain vested in the Secretary of the Treasury. All other rights, privileges,Other rights, etc., conferred. powers, and duties now conferred and imposed upon the Secretary or the Treasury and the officers and employees of the Bureau of Prohibition in the Treasury Department incident to the performance of the duties imposed upon the Attorney General by this Act, including the bringing of suits to enjoin nuisances under the National Prohibition Act, are transferred to and conferred and imposed upon the Attorney General.
(d)The Attorney General is authorized to confer or impose anyDuties, etc., may be imposed on other officials. of the rights, privileges, protection, powers, and duties conferred or imposed upon him by this Act upon any of the officers or employees of the Bureau of Prohibition or any other officer or employee of the Department of Justice. Sec. 5.
(a)The Attorney General and the Secretary of the TreasuryRegulations to be prescribed by Attorney General and Secretary of the Treasury jointly. shall jointly prescribe all regulations under this Act and the National Prohibition Act relating to permits, and the form of all applications, bonds, permits, records, and reports under such Acts:**Proviso*.*For Prohibition Bureau by Attorney General.Restriction as to prior regulations. *Provided*, That all regulations relating to the Bureau of Prohibition in the Department of Justice shall be made by the Attorney General.
(b)Regulations in force prior to the effective date of this Act shall not be in force thereafter unless prescribed and issued in accordance with the provisions of paragraph
(a)of this section; but the repeal of such regulations shall not have the effect of releasing or extinguishingNo penalty released. any penalty, forfeiture, or liability incurred thereunder. Nothing in this Act shall affect the terms or conditions of any permit or bond given prior to the effective date of this Act. Sec. 6.
(a)The Attorney General shall prescribe regulations forFiling of copies of reports of violations of prohibition laws on which civil liability accrued. the filing by the Attorney General with the Secretary of the Treasury copies of reports of violations of the National Prohibition Act, from which civil liability for taxes and penalties has accrued under such Act or the internal revenue laws, or which may be the basis of action with respect to any permit.
(b)Except as otherwise provided by regulations, the SecretaryProceedings for revocation of permits, and applications, to be filed with Attorney General. of the Treasury shall file with the Attorney General complete reports of all proceedings for revocation of permits and copies of all applications for permits to be issued for more than ninety days (including renewals and amendments thereof to extend for more than ninety days) under the National Prohibition Act and regulations promulgated thereunder; and, except as otherwise provided by regulations, no such permit shall be granted, renewed, or amended within tenTime restricted in granting permits. days after copy of application therefor has been filed with the Attorney General. Sec. 7. The Attorney General may, if he considers it advisable,Joint action of Attorney General and Secretary of the Treasury on applications for perpermite, etc.Approval required for granting. act jointly with the Secretary of the Treasury in passing upon any application for any permit or any renewal or amendment thereof, which may be issued under the National Prohibition Act, and in such cases no permit shall be granted, renewed, or amended without their joint approval. In the event of a refusal of the permit, renewal, orReview on refusal.Vol. 41, p. 309. amendment, the applicant may have a review of the decision before a court of equity as provided in sections 5 and 6, Title II, of the430 National Prohibition Act (United States Code, title 27, sections 14 and 16). Sec. 8. Bureau of Prohibition, Treasury Department to be Bureau of Industrial Alcohol, and title of Commissioner changed. The Bureau of Prohibition in the Treasury Department shall hereafter be known as the Bureau of Industrial Alcohol, and the Commisisoner of Prohibition in the Treasury Department shall hereafter have the title of Commissioner of Industrial Alcohol. Sec. 9. Vessels or vehicles forfeited for violating customs or prohibition laws. Section 2 of the Act entitled “An Act relating to the use or disposal of vessels or vehicles forfeited to the United States for violation of the customs laws or the National Prohibition Act, andVol. 43, p. 1116, amended. for other purposes,” approved March 3, 1925, is amended to read as follows: " “Sec. 2. Forfeitures by decree of court for customs or prohibition violations may be delivered to Department of Justice or Treasury for enforcing laws. Any vessel or vehicle forfeited to the United States by a decree of any court for violation of the customs laws or the National Prohibition Act may, in lieu of the sale thereof under existing law, be ordered by the court, upon application of the head of the department by which the seizure is made, to be delivered to the Department of Justice for use in the enforcement of the National Prohibition Act, or to the Treasury Department for use in the enforcement of such Act or the customs laws.” " Sec. 10. Meaning of “National Prohibition Act.”Vol. 41, p. 305.[U. S. C., p. 853](/us/usc/p853). When used in this Act, the term “National Prohibition Act” means the National Prohibition Act of October 28, 1919, and all Acts amendatory thereof or supplementary thereto, and includes any Act for the enforcement of the eighteenth amendment. Sec. 11. Effective date of Act. This Act shall take effect on the 1st day of July, 1930. Approved, May 27, 1930.