serum, toxin, or analogous product for use in the treatment of domestic animals. (Mar. 4, 1913, ch. 145, 37 Stat. 833.)

REFERENCES IN TEXT

"This chapter" referred to in text, in the original, read "this Act" meaning act Mar. 4, 1913, ch. 145, 37 Stat. 828, which enacted this chapter, sections 155 and 393 of Title 7, Agriculture, and sections 501, 502, 512, 558 and 560 of Title 16, Conservation.

§ 157. Same; inspection daytime or nighttime.

Any officer, agent, or employee of the Department of Agriculture duly authorized by the Secretary of Agriculture for the purpose may, at any hour during the daytime or nighttime, enter and inspect any establishment licensed under the provisions of this chapter where any virus, serum, toxin, or analogous product for use in the treatment of domestic animals is prepared for sale, barter, exchange, or shipment as aforesaid. (Mar. 4, 1913, ch. 145, 37 Stat. 833.)

be appointed by the President, by and with the advice and consent of the Senate. The Commissioner shall make an annual report to Congress. (June 14, 1930, ch. 448, § 46 Stat. 585; Oct. 15, 1949, ch. 695, § 6(a), 63 Stat. 881.)

CODIFICATION

Provisions of this section which prescribed the basic compensation of the Commissioner were omitted to conform to the provisions of section 107(a)(14) of act July 31, 1956, ch. 804, title I, 70 Stat. 739. Section 301 of Pub. L. 87-367, title III, Oct. 4, 1961, 75 Stat. 792, repealed section 107(a) (14) of act July 31, 1956. Section 304 of Pub. L. 87-367, which directed that the position of Commissioner of Narcotics be placed in the appropriate grade of the General Schedule, was repealed by Pub. L. 89-554, § 8, Sept. 6, 1966, 80 Stat. 661.

AMENDMENTS

1949-Act Oct. 15, 1949, increased compensation of Commissioner from $10,330 to $14,000 per annum.

COMPENSATION OF COMMISSIONER

Annual basic compensation of commissioner, set out in the General Schedule, see section 5332 of Title 5, Government Organization and Employees.

TRANSFER OF FUNCTIONS

Functions of the Secretary of the Treasury administered through or respecting the Bureau of Narcotics and all functions of the Bureau, the Commissioner of Narcotics, and the officers, employees and agencies of the Bureau were transferred to the Attorney General and the Bureau and the office of Commissioner of Narcotics were abolished by Reorg. Plan No. of 1968, eff. Apr. 8, 1968, 33 F.R. 5611, 82 Stat. 1367, set out in the Appendix to Title 5, Government Organization and Employees. All positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds of the Bureau and the Treasury Department, in connection with functions transferred under this reorganization plan, were transferred to the Justice Department.

§ 162. Deputy Commissioner, officers and employees. (a) Appointment; salaries; Acting Commissioner.

The Secretary of the Treasury is authorized to appoint, in accordance with the civil service laws, one deputy commissioner and such other officers and employees as he deems necessary to execute the functions vested in such bureau. The salaries of the deputy commissioner and of such officers and employees shall be fixed in accordance with chapter 51 and subchapter 53 of Title 5. The deputy commissioner shall act as Commissioner of Narcotics during the absence or disability of such commissioner, or in the event that there is no commissioner. In case of the absence or disability of the commissioner and the deputy commissioner, or in the event that there is no commissioner and deputy commissioner, the Secretary of the Treasury is authorized to designate an officer or employee of the Treasury Department to act as Commissioner of Narcotics. (b) Repealed. Pub. L. 91-513, title III, §1101(a)(4), Oct. 27, 1970, 84 Stat. 1291.

(June 14, 1930, ch. 488, § 2, 46 Stat. 585; June 26, 1930, ch. 623, § 1, 46 Stat. 819; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; Oct. 27, 1970, Pub. L. 91-513, title III, § 1101 (a) (4), 84 Stat. 1291.)

CODIFICATION

Provisions of this section which authorized the Secretary of the Treasury to appoint one deputy commissioner without regard to the civil service laws were omitted as obsolete. See Ex. Ord. No. 8743, Apr. 25, 1941, set out as a note under section 3301 of Title 5, which extended the classified civil service.

AMENDMENTS

1970 Subsec. (b). Pub. L. 91-513 struck out subsec. (b) which authorized officers and employees of the Bureau of Narcotics in specified circumstances to act as customs officers.

EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-513 effective on the first day of the seventh calendar month that begins after Oct. 26, 1970, see section 1105 (a) of Pub. L. 91-513, set out as a note under section 951 of this title.

TRANSFER OF FUNCTIONS

Functions of the Secretary of the Treasury administered through or respecting the Bureau of Narcotics and all functions of the Bureau, the Commissioner of Narcotics, and the officers, employees and agencies of the Bureau were transferred to the Attorney General and the Bureau and the office of the Commissioner of Narcotics were abolished by Reorg. Plan No. 1 of 1968, eff. Apr. 8, 1968, 33 F.R. 5611, 82 Stat. 1367, set out in the Appendix to Title 5, Government Organization and Employees. All positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds of the Bureau and the Treasury Department, in connection with functions transferred under this reorganization plan, were transferred to the Justice Department.

With certain specified exceptions, all functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies; and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees.

SAVINGS PROVISIONS

Prosecutions for any violation of law occurring, and civil seizures or forfeitures and injunctive proceedings commended, prior to the effective date of amendment of this section by section 1102 of Pub. L. 91-513 not to be affected or abated by reason thereof, see section 1103 of Pub. L. 91-513, set out as a note under section 171 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 164 of this title. § 163. Transfer of control of narcotic drugs to Secretary of Treasury.

The rights, privileges, powers, and duties conferred or imposed upon the Commissioner of Internal Revenue and his assistants, agents, and inspectors, by any law in respect of the taxation, importation, exportation, transportation, manufacture, production, compounding, sale, exchange, dispensing, giving away, possession, or use of narcotic drugs are transferred to, and conferred and imposed upon, the Secretary of the Treasury. (Mar. 3, 1927, ch. 348, § 4(a), 44 Stat. 1382.)

TRANSFER OF FUNCTIONS

Functions of the Secretary of the Treasury administered through or respecting the Bureau of Narcotics and all functions of the Bureau, the Commissioner of Narcotics, and the officers, employees and agencies of the Bureau were transferred to the Attorney General and the Bureau and the office of Commissioner of Narcotics were abolished by Reorg. Plan No. 1 of 1968, eff. Apr. 8, 1968, 33 F.R. 5611, 82 Stat. 1367, set out in the Appendix to Title 5, Government Organization and Employees. All positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds of the Bureau and the Treasury Department, in connection with functions transferred under this reorganization plan, were transferred to the Justice Department.

With certain specified exceptions, all functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department,

47-500 0-71-vol. 5-57

were transferred to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees.

Delegation of powers and duties in respect to narcotic drugs by the Secretary of the Treasury to the Commissioner of Internal Revenue or to the officers or employees of the Bureau of Internal Revenue, see section 2606 of Title 26 [I. R.C. 1939], which was derived from subsec. (b) of section 4 of act Mar. 3, 1927.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 164 of this title. § 164. Federal Narcotics Control Board. (a) Abolishment; transfer of powers to Commissioner of Narcotics.

The Federal Narcotics Control Board established by section 172 of this title is abolished, and all the authority, powers, and functions exercised by such board are transferred to and shall be vested in and exercised and performed by the Commissioner of Narcotics.

(b) Exercise by Commissioner and officers and employees of Bureau of duties in respect of narcotic drugs enumerated in section 163 of this title.

The Secretary of the Treasury is authorized to confer or impose any of the rights, privileges, powers, and duties in respect of narcotic drugs enumerated in section 163 of this title, upon the Commissioner of Narcotics, or any officer or employee of the Bureau of Narcotics.

(c), (d) Omitted.

(e) Orders, rules, and regulations.

All orders, rules, and regulations in respect of any laws relating to narcotic drugs which have been issued by the Federal Narcotics Control Board and which are in effect on July 1, 1930, shall, after such date, continue in effect as though this section and sections 162 and 165 of this title 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) Proceedings, investigations, and other matters pending on July 1, 1930.

All proceedings, investigations, and other matters pending in or before the former Bureau of Prohibition or the Federal Narcotics Control Board in respect of the administration or enforcement of any laws relating to narcotic drugs shall be continued and brought to final determination before the Bureau of Narcotics. (June 14, 1930, ch. 488, § 3, 46 Stat. 586; June 26, 1930, ch. 623, § 2, 46 Stat. 819; Ex. Ord. No. 6639, Mar. 10, 1934.)

CODIFICATION

Subdivisions (c) and (d) of this section related to the transfer from the Bureau of Prohibition to the Bureau of Narcotics of certain personnel, records, property, and unexpended balances of appropriations available on July 1, 1930. These provisions were supplanted by Ex. Ord. No. 6639, Mar. 10, 1934, which transferred all the rights, powers, etc., of the Attorney General respecting the Prohibition Bureau to the Commissioner of Internal Revenue.

TRANSFER OF FUNCTIONS

Functions of the Secretary of the Treasury administered through or respecting the Bureau of Narcotics and all

functions of the Bureau, the Commissioner of Narcotics, and the officers, employees and agencies of the Bureau were transferred to the Attorney General and the Bureau and the office of Commissioner of Narcotics were abolished by Reorg. Plan No. 1 of 1968, eff. Apr. 8, 1968, 33 F.R. 5611, 82 Stat. 1367, set out in the Appendix to Title 5, Government Organization and Employees. All positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds of the Bureau and the Treasury Department, in connection with functions transferred under this reorganization plan, were transferred to the Justice Department.

With certain specified exceptions, all functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees.

§ 165. Review of decisions of Commissioner of Narcotics by Secretary of Treasury.

Any person, corporation, association, or partnership aggrieved by any order, rule, or decision of the 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. (June 14, 1930, ch. 488, § 5, 46 Stat. 587.)

TRANSFER OF FUNCTIONS

Functions of the Secretary of the Treasury administered through or respecting the Bureau of Narcotics and all functions of the Bureau, the Commissioner of Narcotics, and the officers, employees and agencies of the Bureau were transferred to the Attorney General and the Bureau and the office of Commissioner of Narcotics were abolished by Reorg. Plan No. 1 of 1968, eff. Apr. 8, 1968, 33 F.R. 5611, 82 Stat. 1367, set out in the Appendix to Title 5, Government Organization and Employees. All positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds of the Bureau and the Treasury Department, in connection with functions transferred under this reorganization plan, were transferred to the Justice Department.

With certain specified exceptions, all functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 164 of this title.

Sec.

MISCELLANEOUS

196 to 198 Repealed.

198a. Authority of Secretary of Treasury to administer oaths, issue subpenas, and compel attendance of witnesses; fees and mileage of witnesses.

198b. Service of subpena; proof of service. 198c. Contempt proceedings.

199 to 200b. Repealed.

CROSS REFERENCES

Harrison Anti-narcotic Act, regulating domestic sale or dispensing of narcotics, see section 4701 et seq. of Title 26, Internal Revenue Code.

Instruction as to effect of narcotics, see section 111 et seq. of Title 20, Education.

Narcotic addicts, see section 257 et seq. of Title 42, The Public Health and Welfare.

Taxation of narcotics, see section 4701 et seq. of Title 26, Internal Revenue Code.

EXECUTIVE ORDER NO. 10302

Ex. Ord. No. 10302, Nov. 5, 1951, 16 F.R. 11257, formerly set out as a note preceding this section, which established the Interdepartmental Committee on Narcotics, was revoked by Ex. Ord. No. 11529, Apr. 24, 1970, 35 F.R. 6697.

IMPORTATION OR EXPORTATION

§§ 171 to 174. Repealed. Pub. L. 91-513, title III, § 1101 (a)(2), (4), Oct. 27, 1970, 84 Stat. 1291.

Section 171, acts Feb. 9, 1909, ch. 100, § 1, 35 Stat. 614; Jan. 17, 1914, ch. 9, 38 Stat. 275; May 26, 1922, ch. 202, §1, 42 Stat. 596; June 14, 1930, ch. 488, § 3, 46 Stat, 686; July 1, 1944, ch. 377, § 8, 58 Stat. 721; Mar. 8, 1946, ch. 81, § 7, 60 Stat. 39; Aug. 8, 1953, ch. 394, § 8, 67 Stat. 506, defined the terms narcotic drug, United States, and person. See chapter 13 of this title.

Section 172, acts Feb. 9, 1909, ch. 100, § 2, 35 Stat. 614; Jan. 17, 1914, ch. 9, 38 Stat. 275; June 7, 1924, ch. 352, 43 Stat. 657, established a Federal Narcotics Control Board. Act May 26, 1922, ch. 202, § 1, 42 Stat. 596, also classified to this section, was repealed by Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 645.

Section 173, acts Feb. 9, 1909, ch. 100, § (b), (d), 35 Stat. 614; Jan. 17, 1914, ch. 9, 38 Stat. 275; May 26, 1922, ch. 202, § 1, 42 Stat. 596; June 7, 1924, ch. 352, 43 Stat. 657; June 14, 1930, ch. 488, § 3, 46 Stat. 586, prohibited the importation of narcotic drugs. See chapter 13 of this title.

Section 173a, act June 14, 1930, ch. 488, § 6, 46 Stat. 587, provided for the importation of additional amounts of coca leaves.

Section 174, acts Feb. 9, 1909, ch. 100, § 2 (c), (f), 35 Stat. 614; Jan. 17, 1914, ch. 9, 38 Stat. 275; May 26, 1922, ch. 202, § 1, 42 Stat. 596; June 7, 1924, ch. 352, 43 Stat. 657; Nov. 2, 1951, ch. 666, §§ 1, 5(1), 65 Stat. 767; July 18, 1956, ch. 629, title I, § 105, 70 Stat. 570, set penalties for the bringing narcotic drugs into the United States contrary to law. See chapter 13 of this title.

EFFECTIVE DATE OF REPEAL

Repeal of sections by Pub. L. 91-513 effective on the first day of the seventh calendar month that begins after Oct. 6, 1970, see section 1105(a) of Pub. L. 91-513, set out as a note under section 951 of this title.

SAVINGS PROVISION

Section 1103 of Pub. L. 91-513 provided that:

"(a) Prosecutions for any violation of law occurring prior to the effective date of section 1101 [the first day of the seventh calendar month that begins after Oct. 26, 1970] shall not be affected by the repeals or amendments made by such section or section 1102 [repealing this section and sections 172, 173, 173a, 174, 176 to 184, 184a, 185, 188 to 188n, 191 to 193, 197, 198, 199, 501 to 507 of this title. sections 1401 to 1407, and 3616 of Title 18, sections 4701 to 4771, 7237, 7238, and 7491 of Title 26, sections 529a and 529g of Title 31, and 1421m of Title 48, and amending sections 162 and 198a of this title and sections 4251 of Title 18, 1584 of Title 19, sections 4901, 4905, 6808, 7012, 7103. 7326, 7607, 7609, 7641, 7651, and 7655 of Title 26, section 2901 of Title 28, sections 529d, 529e, and 529f of Title 31, section 304m of Title 40, section 3411 of Title 42, section 239a of Title 46, and section 787 of Title 49], or abated by reason thereof.

"(b) Civil seizures or forfeitures and injunctive proceedings commenced prior to the effective date of section 1101 [the first day of the seventh calendar month that begins after Oct. 26, 1970] shall not be affected by the repeals or amendments made by such section or section 1102 [repealing this section and sections 172, 173, 173a, 174, 176 to 184, 184a, 185, 188 to 188n, 191 to 193, 197, 198, 199, 501 to 507 of this title, sections 1401 to 1407 and 3616 of Title 18, sections 4701 to 4771, 7237, 7238, and 7491 of Title 26, sections 529a and 529g of Title 31, and 1421m of Title 48, and amending sections 162 and 198a of this title and sections 4251 of Title 18, 1584 of Title 19, sections 4901, 4905, 6808, 7012, 7103, 7326, 7607, 7609, 7641, 7651, and 7655 of Title 26, section 2901 of Title 28, sections 529d, 529e, and 529f of Title 31, section 304m of Title 40, section 3411 of Title 42, section 239a of Title 46, and section 787 of Title 49], or abated by reason thereof."

§ 175. Repealed. June 27, 1952, ch. 477, title IV, § 403 (a) (10), 66 Stat. 279.

Section, acts Feb. 9, 1909, ch. 100, § 2, 35 Stat. 614; Jan. 17, 1914, ch. 9, 38 Stat. 275; May 26, 1922, ch. 202, § 1, 42 Stat. 596; June 7, 1924, ch. 352, 43 Stat. 657, related to deportation of convicted aliens, and is now covered by section 1251 et seq. of Title 8, Aliens and Nationality. §§ 176 to 185. Repealed. Pub. L. 91-513, title III, § 1101 (a)(2), (9), Oct. 27, 1970, 84 Stat. 1291, 1292.

Section 176, acts Feb. 9, 1909, ch. 100, § 2(g), 35 Stat. 614; Jan. 17, 1914, ch. 9, 38 Stat. 275; May 26, 1922, ch. 202 § 1, 42 Stat. 596; June 7, 1924, ch. 352, 43 Stat. 657, covered the liability of masters of vessels and persons in charge of railroad cars and other vehicles used to carry narcotic drugs.

Section 176a, act Feb. 9, 1909, ch. 100, § 2(h), as added July 18, 1956, ch. 629, title I, § 106, 70 Stat. 570, covered the illegal importation of marihuana and set penalties for such illegal importation. See chapter 13 of this title.

Section 176b, act Feb. 9, 1909, ch. 100, § 2(1), as added July 18, 1956, ch. 629, title I, § 107, 70 Stat. 571, prohibited the sale of heroin to juveniles and set penalties for such illegal sale. See chapter 13 of this title.

Section 177, acts Feb. 9, 1909, ch. 100, § 2(a), 35 Stat. 614; Jan. 17, 1914, ch. 9, 38 Stat. 275; May 26, 1922, ch. 202, § 1, 42 Stat. 596; June 7, 1924, ch. 352, 43 Stat. 657, vested the administration of the Narcotic Drugs Import and Export Act in the Department of the Treasury.

Section 178, act Feb. 9, 1909, ch. 100, § 4, as added Jan. 17, 1914, ch. 9, 38 Stat. 275, prohibited the possession of smoking opium. See chapter 13 of this title.

Section 179, act Feb. 9, 1909, ch. 100, § 4, as added Jan. 17, 1914, ch. 9, 38 Stat. 275, covered the liability of masters of vessels and persons in charge of railroad cars or other vehicles for possession of smoking heroin. See chapter 13 of this title.

Section 180, act Feb. 9, 1909, ch. 100, § 5, as added Jan. 17, 1914, ch. 9, 38 Stat. 275, and amended May 26, 1922, ch. 202, § 2, 42 Stat. 597; June 14, 1930, ch. 488, § 3, 46 Stat. 586, prohibited the admission of smoking opium even for transportation to another country or for transferral from one vessel to another.

Section 181, act Feb. 9, 1909, ch. 100, § 3, as added Jan. 17, 1914, ch. 9, 38 Stat. 275, created a presumption of illegal importation based upon presence of smoking opium in the United States.

Section 182, act Feb. 9, 1909, ch. 100, § 6, as added Jan. 17, 1914, ch. 9, 38 Stat. 275, and amended May 26, 1922, ch. 202, § 2, 42 Stat. 597; June 14, 1930, ch. 488, § 3, 46 Stat. 586; Apr. 22, 1960, Pub. L. 86-429, § 15, 74 Stat. 66, forbade the exportation of narcotic drugs. See chapter 13 of this title.

Section 183, act Feb. 9, 1909, ch. 100, § 7, as added Jan. 17, 1914, ch. 9, 38 Stat. 277, set out the penalties for the illegal exportation of narcotic drugs.

Section 184, act Feb. 9, 1909, ch. 100, §8, as added Jan. 17, 1914, ch. 9, 38 Stat. 277, and amended May 26, 1922, ch. 202, § 3, 42 Stat. 598, provided for the seizure and forfeiture of narcotic drugs found on vessels and not shown on the manifest or landed from vessels without a permit.

Section 184a, acts July 11, 1941, ch. 289, § 1, 55 Stat. 584; July 18, 1956, ch. 629, title I, § 108, 70 Stat. 571, made illegal the bringing on board a vessel of the United

States any narcotic drugs not constituting a part of the cargo.

Section 185, act Feb. 9, 1909, ch. 100, § 9, as added May 26, 1922, ch. 202, § 4, 42 Stat. 598, authorized the citation of act Feb. 9, 1909, ch. 100, as the "Narcotic Drugs Import and Export Act".

EFFECTIVE DATE OF REPEAL

Repeal of sections by Pub. L. 91-513 effective on the first day of the seventh calendar month that begins after Oct. 26, 1970, see section 1105 (a) of Pub. L. 91-513, set out as a note under section 951 of this title.

SAVINGS PROVISION

Prosecutions for any violation of law occurring, and civil seizures or forfeitures and injunctive proceedings commenced, prior to the effective date of repeal of these sections by section 1101 of Pub. L. 91-513 not to be affected or abated by reason thereof, see section 1103 of Pub. L. 91-513, set out as a note under section 171 of this title.

MARIHUANA AND HEALTH REPORTING § 186. Congressional findings.

The Congress finds that the use of marihuana is increasing in the United States, especially among the young people thereof, and that there is need for a better understanding of the health consequences of using marihuana. The Congress further finds that, notwithstanding the various studies carried out, and research engaged in, with respect to the use of marihuana, there is a lack of an authoritative source for obtaining information involving the health consequences of using marihuana. (Pub. L. 91-296, title V, § 501, June 30, 1970, 84 Stat. 352).

SHORT TITLE

Section 503 of Pub. L. 91-296 provided that: "This title [this section and section 187 of this title] may be cited as the 'Marihuana and Health Reporting Act'."

§ 187. Annual report to Congress by Secretary of Health, Education, and Welfare.

The Secretary of Health, Education, and Welfare, after consultation with the Surgeon General and other appropriate individuals, shall transmit a report to the Congress on or before January 31, 1971, and annually thereafter (1) containing current information on the health consequences of using marihuana, and (2) containing such recommendations for legislative and administrative action as he may deem appropriate. A preliminary report shall be transmitted to the Congress by the Secretary concerning current information on the health consequences of using marihuana not later than ninety (90) days after June 30, 1970. (Pub. L. 91-296, title V, § 502, June 30, 1970, 84 Stat. 352.)

DOMESTIC CONTROL OF PRODUCTION AND DISTRIBUTION OF THE OPIUM POPPY

§§ 188 to 188n. Repealed. Pub. L. 91-513, title III, § 1101 (a)(7), Oct. 27, 1970, 84 Stat. 1292.

Sections, acts Dec. 11, 1942, ch. 720, 56 Stat. 1045; June 25, 1959, Pub. 86-70, § 20, 73 Stat. 145; July 12, 1960, Pub. L. 86-624, § 16, 74 Stat. 415, known as the "Opium Poppy Control Act of 1942", provided for the domestic control of production and distribution of the opium poppy. Sections 1-17 of said Act of Dec. 11, 1942, were classified, respectively, to sections 188, 188 notes, and 188a to 188n of this title.

EFFECTIVE DATE OF REPEAL

Repeal of sections by Pub. L. 91-513 effective on the first day of the seventh calendar month that begins after Oct. 26, 1970, see section 1105 (a) of Pub. L. 91-513, set out as a note under section 951 of this title.

SAVINGS PROVISION

Prosecutions for any violation of law occurring, and civil seizures or forfeitures and injunctive proceedings commenced, prior to the effective date of repeal of these sections by section 1101 of Pub. L. 91-513 not to be affected or abated by reason thereof, see section 1103 of Pub. L. 91-513, set out as a note under section 171 of this title.

IMPORTATION BY CHINESE SUBJECTS OR TRAFFICKING IN, IN CHINA, BY UNITED STATES CITIZENS

§§ 191 to 193. Repealed. Pub. L. 91-513, title III, § 1101 (a)(1), Oct. 27, 1970, 84 Stat. 1291.

Sections, acts Feb. 23, 1887, ch. 210, 24 Stat. 409; June 25, 1948, ch. 646, §§ 5, 39, 62 Stat. 986, 992, prohibited the importation of oplum by Chinese subjects and the trafficking in, in China, of opium by United States citizens. Sections 1 to 3 of said Act of Feb. 23, 1887, were classified to sections 191 to 193, respectively, of this title.

EFFECTIVE DATE OF REPEAL

Repeal of sections by Pub. L. 91-513 effective on the first day of the seventh calendar month that begins after Oct. 26, 1970, see section 1105 (a) of Pub. L. 91-513, set out as a note under section 951 of this title.

SAVINGS PROVISION

Prosecutions for any violation of law occurring, and civil seizures or forfeitures and injunctive proceedings commenced, prior to the effective date of repeal of these sections by section 1101 of Pub. L. 91-513 not to be affected or abated by reason thereof, see section 1103 of Pub. L. 91-513, set out as a note under section 171 of this title.

MISCELLANEOUS

§ 196. Repealed. July 1, 1944, ch. 373, title XI, § 1113, 58 Stat. 714.

Section, act June 14, 1930, ch. 488, § 4 (b), (c), 46 Stat. 587; 1939 Reorg. Plan No. I, §§ 201, 205, eff. July 1, 1939, 4 F. R. 2728, 53 Stat. 1424, related to studies and investigations by Surgeon General of the Public Health Service and is now covered by section 242 of Title 42, The Public Health and Welfare.

RENUMBERING OF REPEALING ACT

Section 611 of Act July 1, 1944, which repealed this section, was renumbered 711 by act Aug. 13, 1946, ch. 958, § 5, 60 Stat. 1049, 713 by act Feb. 28, 1948, ch. 83, § 9 (b), 62 Stat. 47, 813 by act July 30, 1956, ch. 779, § 3(b), 70 Stat. 720, 913 by Pub. L. 88-581, § 4(b), Sept. 4, 1964, 78 Stat. 919, 1013 by Pub. L. 89-239, § 3(b), Oct. 6, 1965, 79 Stat. 931, and 1113 by Pub. L. 91-572, § 6(b), Dec. 24, 1970, 84 Stat. 1506.

§§ 197, 198. Repealed. Pub. L. 91-513, title III, § 1101 (a)(4), Oct. 27, 1970, 74 Stat. 1291.

Section 197, act June 14, 1930, ch. 488, § 7, 46 Stat. 587, directed the Secretary of the Treasury to cooperate with the Secretary of State in the discharge of the international obligations of the United States concerning the traffic in narcotic drugs.

Section 198, acts June 14, 1930, ch. 488, § 8, 46 Stat. 587; July 18, 1956, ch. 629, title III, § 302, 70 Stat. 575, directed the Secretary of the Treasury to cooperate with the several states in the suppression of the abuse of narcotic drugs in their respective jurisdictions.

EFFECTIVE DATE OF REPEAL

Repeal of sections by Pub. L. 91-513 effective on the first day of the seventh calendar month that begins after Oct. 26, 1970, see section 1105 (a) of Pub. L. 91-513, set out as a note under section 951 of this title.

SAVINGS PROVISION

Prosecutions for any violation of law occurring, and civil seizures or forfeitures and injunctive proceedings commenced, prior to the effective date of repeal of these sections by section 1101 of Pub. L. 91-513 not to be affected or abated by reason thereof, see section 1103 of Pub. L. 91-513, set out as a note under section 171 of this title.

§ 198a. Authority of Secretary of Treasury to administer oaths, issue subpenas, and compel attendance of witnesses; fees and mileage of witnesses. For the purpose of any investigation which, in the opinion of the Secretary of the Treasury, is necessary and proper to the enforcement of section 545 of Title 18 (relating to smuggling goods into the United States) with respect to any controlled substance (as defined in section 802 of this title), the Secretary of the Treasury may administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of records (including books, papers, documents and tangible things which constitute or contain evidence) relevant or material to the investigation. The attendance of witnesses and the production of records may be required from any place within the customs territory of the United States, except that a witness shall not be required to appear at any hearing distant more than 100 miles from the place where he was served with subpena. Witnesses summoned by the Secretary shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. Oaths and affirmations may be made at any place subject to the jurisdiction of the United States. (Aug. 11, 1955, ch. 800, § 1, 69 Stat. 684; Oct. 27, 1970, Pub. L. 91-513, title III, § 1102(t), 84 Stat. 1294.)

AMENDMENTS

1970-Pub. L. 91-513 substituted "section 545 of Title 18 (relating to smuggling goods into the United States) with respect to any controlled substance (as defined in section 802 of this title" for "the laws of the United States relating to narcotic drugs and marihuana" and substituted the customs territory of the United States for any State or any territory or other place subject to the Jurisdiction of the United States is the defined area from within which the attendance of witnesses and the production of records may be required and struck out provisions making the discretion of the Secretary of the Treasury the determinative factor as to what is relevant or material to the investigation.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-513 effective on the first day of the seventh calendar month that begins after Oct. 26, 1970, see 1105 (a) of Pub. L. 91-513, set out as a note under section 951 of this title.

SAVINGS PROVISION

Prosecutions for any violation of law occurring, and civil seizures or forfeitures and injunctive proceedings commenced, prior to the effective date of amendment of this section by section 1102 of Pub. L. 91-513 not to be affected or abated by reason thereof, see section 1103 of Pub. L. 91-513, set out as a note under section 171 of this title.

§ 198b. Service of subpena; proof of service.

A subpena of the Secretary of the Treasury may be served by any person designated in the subpena to serve it. Service upon a natural person may be made by personal delivery of the subpena to him. Service may be made upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit under a common name, by delivering the subpena to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the subpena entered on a true copy thereof by the person serving it shall be proof of service. (Aug. 11, 1955, ch. 800, § 2, 69 Stat. 685.)