Chapter 488. To create in the Treasury Department a Bureau of Narcotics, and for other purposes
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CHAP. 488.— An Act To create in the Treasury Department a Bureau of Narcotics, and for other purposes. June 14, 1930.[[H. R. 11143](/us/bill/71/hr/11143).][[Public, No. 357](/us/pl/71/357).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Treasury Depart ment.Bureau of Narcotics created in.Commissioner, ap pointed by the Preelent.*Post*, p. 850.Report annually to Congress.Deputy commis sioner and civil personnel.
That there shall be in the Department of the Treasury a bureau to be known as the Bureau of Narcotics and a Commissioner of Narcotics who shall be at the head thereof. The Commissioner of Narcotics shall be appointed by the President, by and with the advice and consent of the Senate, and shall receive a salary at the rate of $9,000 per annum. The commissioner shall make an annual report to Congress. Sec. 2.
(a)The Secretary of the Treasury is authorized to appoint, without regard to the civil service laws, one deputy commissioner and, in accordance with the civil service laws, such other officers and employees as he deems necessary to execute the functions vested in such bureau. The salaries of the deputy commissioner and of such Salaries.Vol. 42, p. 1488.[U. S. C., p. 85; Supp. IV, p. 25](/us/usc/85/25).*Post*, p. 1003.officers and employees shall be fixed in accordance with the Classification Act of 1923, as amended (U. S. C., title 5, ch. 13 ; U. S. C., Supp. III, title 5, ch. 13). The deputy commissioner shall act as Commis sioner of Narcotics during the absence or disability of such commissioner, or in the event that there is no commissioner. In case of the absence or disability of the commissioner and the deputy commissioner, or in the event that there is no commissioner and deputy commissioner, the Secretary of the Treasury is authorized to designate an officer or employee of the Treasury Department to act as Commissioner of Narcotics. 586
(b)Employees may be assigned duties as customs officers.*Post*, p. 819. In order to aid in the detection and prevention of the unlawful importation of narcotic drugs into the United States, and under such regulations as the Secretary of the Treasury may prescribe, the Commissioner of Narcotics may confer or impose upon such officers and employees of the Bureau of Narcotics, as he may designate any of the rights, privileges, powers, or duties of customs officers and employees, and may assign any of such officers and employees of the Bureau of Narcotics to duty at ports of entry or other places specific by such commissioner. Sec. 3. Federal Narcot ics Control Board, abolished.Vol. 44, p. 1381.[U. S. C., p. 635](/us/usc/635).Functions trans ferred to Commission.
(a)The Federal Narcotics Control Board established by the Narcotic Drugs Import and Export Act, as amended (U. S. C., title 21, ch. 6), is hereby abolished, and all the authority, powers, and functions exercised by such board are hereby transferred to and shall be vested in and exercised and performed by the Commissioner of Narcotics.
(b)Other rights, etc., as to narcotic drugs conferred upon Bureau. The Secretary of the Treasury is authorized to confer or impose any of the rights, privileges, powers, and duties in respect of narcotic drugs enumerated in subdivision
(a)of section 4 of the Act entitled Vol. 44, p. 1382.“An Act to create a Bureau of Customs and a Bureau of Prohibition in the Department of the Treasury,” approved March 3, 1927 (U. S. [U. S. C., Supp. IV, p. 20](/us/usc/20).C., title 5, sec. 281c), upon the Commissioner of Narcotics, or any officer or employee of the Bureau of Narcotics.
(c)Transfer of employees of Bureau of Prohibition.Exceptions. The Secretary of the Treasury is authorized to transfer to the Bureau of Narcotics such attorneys and other officers and employees of the Bureau of Prohibition, except the deputy commissioner in charge of narcotics (whose office is hereby abolished), the deputy commissioner in charge of prohibition, the Commissioner of Prohibition, Records, etc.and the assistant commissioner, together with such records and property (including office equipment), as may be necessary for the exercise by the Bureau of Narcotics of the functions vested in it.
(d)Unexpended balances of appropriations available. All unexpended balances of appropriations under the control of the Bureau of Prohibition for the enforcement of any laws relating to narcotic drugs and available on the date this Act takes effect shall be available for expenditure by the Bureau of Narcotics in the same manner and to the same extent as if the Bureau of Narcotics has been directly named in the laws making such appropriations.
(e)Present orders, etc., as to narcotic drugs continued in effect until modified, etc. All orders, rules, and regulations in respect of any laws relating to narcotic drugs which have been issued by the Commissioner of Prohibition or the Federal Narcotics Control Board and which are in effect on the date this Act takes effect shall, after such date, continue in effect as though this Act had not been enacted or until modified, superseded, or repealed by the Commissioner of Narcotics, with the approval of the Secretary of the Treasury.
(f)Pending proceedings to be continued, etc., before Narcotics Bureau. All proceedings, investigations, and other matters pending in or before the Bureau of Prohibition or the Federal Narcotics Control Board in respect of the administration or enforcement of any laws relating to narcotic drugs shall be continued and brought to final determination before the Bureau of Narcotics. Sec. 4. Narcotics Division, Treasury Department.Vol. 45, p. 1086.[U. S. C., Supp. IV, p. 304](/us/usc/304).Title of, changed to Division of Mental Hygiene.
(a)The Narcotics Division in the office of the Surgeon General of the United States Public Health Service in the Treasury Department, as created by the Act entitled “An Act to establish two United States narcotic farms for the confinement and treatment of persons addicted to the use of habit-forming narcotic drugs who ave been convicted of offenses against the United States, and for other purposes,” approved January 19, 1929 (U. S. C., Supp. III, title 21, ch. 8), shall be known as the Division of Mental Hygiene. Authority, etc., transferred.The authority, powers, and functions exercised by such Narcotics Division are hereby transferred to the Division of Mental Hygiene. Rank, etc., of medical officer in charge.The medical officer of the Public Health Service in charge of said 587division shall hold the rank and receive the pay and allowances of Assistant Surgeon General while so serving.
(b)The Surgeon General of the Public Health Service is authorized Narcotic drugs, etc.Investigation and study of abusive use, etc., of, by Public Health Service.and directed to make such studies and investigations, as may be necessary, of the abusive use of narcotic drugs; of the quantities of crude opium, coca leaves, and their salts, derivatives, and preparations, together with such reserves thereof, as are necessary to supply the normal and emergency medicinal and scientific requirements of the United States; and of the causes, prevalence, and means for the prevention and treatment of mental and nervous diseases. The Surgeon Report.General shall report to the Secretary of the Treasury not later than the 1st day of September each year the results of such studies and investigations. The results of such studies and investigations Results available to Commissioner of Narcotics, for determining medicinal requirements.of the quantities of crude opium, coca leaves, or other narcotic drugs, together with such reserves thereof, as are necessary to supply the normal and emergency medicinal and scientific requirements of the United States, shall be made available to the Commissioner of Narcotics, to be used at his discretion in determining the amounts of crude opium and coca leaves to be imported under the Narcotic Drugs Import and Export Act, as amended.
(c)The Secretary of the Treasury is hereby authorized to appoint Appointment of personnel.such professional, technical, and clerical assistants as may be necessary to carry out the provisions of this section. Sec. 5. Any person, corporation, association, or partnership Appeal from decision, etc., of Commissioner.aggrieved by any order, rule, or decision of the Commissioner of Narcotics, or by his failure to rule upon or decide any matter presented to him by proper application, may appeal therefrom to the Secretary of the Treasury, under such regulations as he may prescribe, who may affirm, reverse, or modify such action or direct such action to be taken as he may deem equitable and just. Sec. 6. In addition to the amount of coca leaves which may be Coca leaves.Vol. 42, p. 596.imported under section 2
(b)of the Narcotic Drugs Import and Export Act, the Commissioner of Narcotics is authorized to permit, Additional importations.in accordance with regulations issued by him, the importation of additional amounts of coca leaves: *Provided*, That after the entry thereof *Proviso.*Derivatives, etc., to be destroyed.into the United States all cocaine, ecgonine, and all salts, derivatives, and preparations from which cocaine or ecgonine may be synthesized or made, contained in such additional amounts of coca leaves, shall be destroyed under the supervision of an authorized representative of the Commissioner of Narcotics. All coca leaves imported under Duties on.*Post*, p. 596.this section shall be subject to the duties which are now or may hereafter be imposed upon such coca leaves when imported. Sec. 7. The Secretary of the Treasury shall cooperate with the International obligations.Secretary of State in the discharge of the international obligations of the United States concerning the traffic in narcotic drugs. Sec. 8. That the Secretary of the Treasury shall cooperate with Cooperation with States for suppression of domestic abuse.the several States in the suppression of the abuse of narcotic drugs in their respective jurisdictions, and to that end he is authorized
(1)Drafting of legislation.Exchange of information, etc.to cooperate in the drafting of such legislation as may be needed, if any, to effect the end named, and
(2)to arrange for the exchange of information concerning the use and abuse of narcotic drugs m said States and for cooperation in the institution and prosecution of cases in the courts of the United States and before the licensing boards and courts of the several States. The Secretary of the Treasury Regulations to be made.is hereby authorized to make such regulations as may be necessary to carry this section into effect. Sec. 9. This Act shall take effect upon the expiration of thirty Effective date of Act*Post*, p. 819.days after the date of its enactment. Approved, June 14, 1930.