THE CODE OF LAWS OF THE UNITED STATES OF AMERICA OF A GENERAL AND PERMANENT CHARACTER IN FORCE JANUARY TWENTIETH, NINETEEN HUNDRED AND SEVENTY-ONE 1970 EDITION CONSOLIDATED, CODIFIED, SET FORTH, AND PUBLISHED IN NINETEEN HUNDRED AND SEVENTY-ONE, IN THE ONE HUNDRED AND NINETY-SIXTH YEAR OF THE REPUBLIC, UNDER THE SUPERVISION OF THE COMMITTEE ON THE JUDICIARY OF THE HOUSE OF REPRESENTATIVES, PURSUANT TO THE DUTY AND AUTHORITY IMPOSED UPON IT BY SECTION TWO HUNDRED AND TWO (c), OF TITLE ONE THE CODE OF THE LAWS OF THE UNITED STATES OF AMERICA, 1925 EDITION JUNE 30, 1926 [H. R. 10000] [PUBLIC, NO. 440] Chapter 712 AN ACT To consolidate, codify, and set forth the general and permanent laws of the United States in force December seventh, one thousand nine hundred and twenty-five Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the fifty titles hereinafter set forth are intended to embrace the laws of the United States, general and permanent in their nature, in force on the 7th day of December, 1925, compiled into a single volume under the authority of Congress, and designated "The Code of the Laws of the United States of America." SEC. 2. In all courts, tribunals, and public offices of the United States, at home or abroad, of the District of Columbia, and of each State, Territory, or insular possession of the United States (a) The matter set forth in the Code, evidenced as hereinafter in this section provided, shall establish prima facie' the laws of the United States, general and permanent in their nature, in force on the 7th day of December, 1925; but nothing in this Act shall be construed as repealing or amending any such law, or as enacting as new law any matter contained in the Code. In case of any inconsistency arising through omission or otherwise between the provisions of any section of this Code and the corresponding portion of legislation heretofore enacted effect shall be given for all purposes whatsoever to such enactments. (b) Copies of this Act printed at the Government Printing Office and bearing its imprint shall be conclusive evidence of the original of the Code in the custody of the Secretary of State. (c) The Code may be cited as "U. S. C." 1 See section 204 (a) of Title 1 regarding titles that are legal evidence of the law. Page LXIX THE CODE OF LAWS OF THE UNITED STATES OF AMERICA TITLE 1.-GENERAL PROVISIONS This title was enacted by act July 30, 1947, ch. 388, § 1, 61 Stat. 633. Chapter 1.-RULES OF CONSTRUCTION 1. Words denoting number, gender, etc.1 2. "County" as including "parish", etc.1 Mar. 3, 1933, ch. 202, § 3, 47 Stat. 1431. 111 112 113 114 51a. 201 52. 202 53. 203 29. 298. 54c. 54d. 55 56. 57 58 59 60. Mar. 2, 1929, ch. 586, § 1, 45 Stat. 1540. May 29, 1928, ch. 910, § 2, 45 Stat. 1007. Mar. 2, 1929, ch. 586, § 2, 45 Stat. 1541. May 29, 1928, ch. 910, § 3, 45 Stat. 1007. May 29, 1928, ch. 910, § 4, 45 Stat. 1007Mar. 2, 1929, ch. 586, § 3, 45 Stat. 1541. Mar. 2, 1929, ch. 586, 4, 45 Stat. 1542 Mar. 4, 1933, ch. 282, 1, 47 Stat. 1603. June 13, 1934, ch. 483, §§ 1, 2, 48 Stat. 948. Mar. 2, 1929, ch. 586, § 5, 45 Stat. 1542Mar. 4, 1933, ch. 282, § 1, 47 Stat. 1603. June 13, 1934, ch. 483, §§ 1, 2, 48 Stat. 948. Mar. 2, 1929, ch. 586, § 6, 45 Stat. 1542. Mar. 2, 1929, ch. 586, § 7, 45 Stat. 1542. May 29. 1928. ch. 910. § 5, 45 Stat. 1007. May 29, 1928, ch. 910, § 6, 45 Stat. 1007. May 29, 1928, ch. 910, 7, 45 Stat. 1008. May 29, 1928, ch. 910, § 8, 45 Stat. 1008. May 29, 1928, ch. 910, § 10. 45 Stat. 1008. Mar. 3, 1933, ch. 202, § 2, 47 Stat. 1431.. 206 3. "Vessel" as including all means of water transportation. 4. "Vehicle" as including all means of land transportation. 5. "Company" or "association" as including successors and assigns. 6 Limitation of term "products of American fisheries." § 1. Words denoting number, gender, and so forth. In determining the meaning of any Act of Congress, unless the context indicates otherwise words importing the singular include and apply to several persons, parties, or things; words importing the plural include the singular; words importing the masculine gender include the feminine as well; words used in the present tense include the future as well as the present; the words "insane" and "insane person" and "lunatic" shall include every idiot, lunatic, insane person, and person non compos mentis; the words "person" and "whoever" include corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals; "officer" includes any person authorized by law to perform the duties of the office; "signature" or "subscription" includes a mark when the person making the same intended it as such; "oath" includes affirmation, and "sworn” includes affirmed; "writing" includes printing and typewriting and reproductions of visual symbols by photographing, multigraphing, mimeographing, manifolding, or otherwise. (July 30, 1947, ch. 388, 61 Stat. 633; June 25, 1948, ch. 645, § 6, 62 Stat. 859; Oct. 31, 1951, ch. 655, § 1, 65 Stat. 710.) AMENDMENTS 1951-Act Oct. 31, 1951, substituted, in fourth clause after opening clause, "used" for "use". 1948-Act June 25, 1948 included "tense", "whoever", "signature", "subscription", "writing" and a broader definition of the term "person". United States' is used in any law of the United States enacted after the date of enactment of this Act [June 25, 1959], it shall mean the 49 States on the North American Continent and the District of Columbia, unless otherwise expressly provided." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 101; title 37 section 101; title 39 section 5215. § 2. "County" as including "parish", and so forth. The word "county" includes a parish, or any other equivalent subdivision of a State or Territory of the United States. (July 30, 1947, ch. 388, 61 Stat. 633.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 101; title 37 section 101. § 3. "Vessel" as including all means of water transportation. The word "vessel" includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water. (July 30, 1947, ch. 388, 61 Stat. 633.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 101; title 37 section 101. § 4. "Vehicle" as including all means of land transportation. The word "vehicle" includes every description of carriage or other artificial contrivance used, or capable of being used, as a means of transportation on land. (July 30, 1947, ch. 388, 61 Stat. 633.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 101; title 37 section 101. §5. "Company" or "association" as including successors and assigns. The word "company" or "association”, when used in reference to a corporation, shall be deemed to embrace the words "successors and assigns of such company or association", in like manner as if these last-named words, or words of similar import, were expressed. (July 30, 1947, ch. 388, 61 Stat. 633.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 101; title 37 section 101. § 6. Limitation of term "products of American fisheries". Wherever, in the statutes of the United States or in the rulings, regulations, or interpretations of various administrative bureaus and agencies of the United States there appears or may appear the term "products of American fisheries" said term shall not include fresh or frozen fish fillets, fresh or frozen fish steaks, or fresh or frozen slices of fish substantially free of bone (including any of the foregoing divided into sections), produced in a foreign country or its territorial waters, in whole or in part with the use of the labor of persons who are not residents of the United States. (July 30, 1947, ch. 388, 61 Stat. 634.) Chapter 2.-ACTS AND RESOLUTIONS; FORMALITIES OF ENACTMENT; REPEALS; SEALING OF INSTRUMENTS Sec. 101. Enacting clause. 102. Resolving clause. 103. Enacting or resolving words after first section. 106. Printing bills and joint resolutions. 106b. Amendments to Constitution. 107. Parchment or paper for printing enrolled bills or resolutions. 108. Repeal of repealing act. 109. Repeal of statutes as affecting existing liabilities. 110. Saving clause of Revised Statutes. 111. Repeals as evidence of prior effectiveness. 112. Statutes at Large; contents; admissibility in evidence. 112a. United States Treaties and Other International Agreements; contents; admissibility in evidence. 113. "Little and Brown's" edition of laws and treaties; slip laws; Treaties and Other International Act Series; admissibility in evidence. 114. Sealing of instruments. AMENDMENTS 1966-Pub. L. 89-497, § 2, July 8, 1966, 80 Stat. 271, inserted "slip laws; Treaties and Other International Acts Series;" in item 113. 1951-Act Oct. 31, 1951, ch. 655, § 2 (a), 65 Stat. 710, inserted items 106a and 106b. 1950-Act Sept. 23, 1950, ch. 1001, § 3, 64 Stat. 980, inserted item 112a. § 101. Enacting clause. The enacting clause of all Acts of Congress shall be in the following form: "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled." (July 30, 1947, ch. 388, 61 Stat. 634.) § 102. Resolving clause. The resolving clause of all joint resolutions shall be in the following form: "Resolved by the Senate and House of Representatives of the United States of America in Congress assembled." (July 30, 1947, ch. 388, 61 Stat. 634.) § 103. Enacting or resolving words after first section. No enacting or resolving words shall be used in any section of an Act or resolution of Congress except in the first. (July 30, 1947, ch. 388, 61 Stat. 634.) § 104. Numbering of sections; single proposition. Each section shall be numbered, and shall contain, as nearly as may be, a single proposition of enactment. (July 30, 1947, ch. 388, 61 Stat. 634.) § 105. Title of appropriation Acts. The style and title of all Acts making appropriations for the support of Government shall be as follows: "An Act making appropriations (here insert the object) for the year ending June 30 (here insert the calendar year)." (July 30, 1947, ch. 388, 61 Stat. 634.) § 106. Printing bills and joint resolutions. Every bill or joint resolution in each House of Congress shall, when such bill or resolution passes either House, be printed, and such printed copy shall be called the engrossed bill or resolution as the case may be. Said engrossed bill or resolution shall be signed by the Clerk of the House or the Secretary of the Senate, and shall be sent to the other House, and in that form shall be dealt with by that House and its officers, and, if passed, returned signed by said Clerk or Secretary. When such bill, or joint resolution shall have passed both Houses, it shall be printed and shall then be called the enrolled bill, or joint resolution, as the case may be, and shall be signed by the presiding officers of both Houses and sent to the President of the United States. During the last six days of a session such engrossing and enrolling of bills and joint resolutions may be done otherwise than as above prescribed, upon the order of Congress by concurrent resolution. (July 30, 1947, ch. 388, 61 Stat. 634.) § 106a. Promulgation of laws. Whenever a bill, order, resolution, or vote of the Senate and House of Representatives, having been approved by the President, or not having been returned by him with his objections, becomes a law or takes effect, it shall forthwith be received by the Administrator of General Services from the President; and whenever a bill, order, resolution, or vote is returned by the President with his objections, and, on being reconsidered, is agreed to be passed, and is approved by two-thirds of both Houses of Congress, and thereby becomes a law or takes effect, it shall be received by the Administrator of General Services from the President of the Senate, or Speaker of the House of Representatives in whichsoever House it shall last have been so approved, and he shall carefully preserve the originals. (Added Oct. 31, 1951, ch. 655, § 2 (b), 65 Stat. 710.) SIMILAR PROVISIONS; REPEAL; SAVING CLAUSE; DELEGATION OF FUNCTIONS; TRANSFER OF PROPERTY AND PERSONNEL Similar provisions were contained in R. S. § 204; act Dec. 28, 1874, ch. 9, § 2, 18 Stat. 294; 1950 Reorg. Plan No. 20, § 1, eff. May 24, 1950, 15 F. R. 3178, 64 Stat. 1272, which with the exception of the reorganization plan, were repealed by section 56 (h) of act Oct. 31, 1951. Subsec. (1) of that section 56 provided that the repeal should not affect any rights or liabilities existing under those statutes on the effective date of the repeal (Oct. 31, 1951). For delegation of functions under the repealed statutes, and transfer of records, property, personnel, and funds, see sections 3 and 4 of 1950 Reorg. Plan No. 20, set out in the Appendix to Title 5, Government Organization and Employees. § 106b. Amendments to Constitution. Whenever official notice is received at the General Services Administration that any amendment proposed to the Constitution of the United States has been adopted, according to the provisions of the Constitution, the Administrator of General Services shall forthwith cause the amendment to be published, with his certificate, specifying the States by which the same may have been adopted, and that the same has become valid, to all intents and purposes, as a part of the Constitution of the United States. (Added Oct. 31, 1951, ch. 655, § 2 (b), 65 Stat. 710.) SIMILAR PROVISIONS; REPEAL; SAVING CLAUSE; DELEGATION OF FUNCTIONS; TRANSFER OF PROPERTY AND PERSONNEL Similar provisions were contained in R. S. § 205; 1950 Reorg. Plan No. 20, § 1, eff. May 24, 1950, 15 F. R. 3178, 64 Stat. 1272. R. S. § 205 was repealed by section 56 (h) of act Oct. 31, 1951. Subsec. (1) of section 56 provided that the repeal should not affect any rights or liabilities existing under the repealed statute on the effective date of the repeal (Oct. 31, 1951). For delegation of functions under the repealed statute, and transfer of records, property, personnel, and funds, see sections 3 and 4 of 1950 Reorg. Plan No. 20, set out in the Appendix to Title 5, Government Organization and Employees. CROSS REFERENCE Publication of certificate in United States Statutes at Large, see section 112 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 112 of this title. § 107. Parchment or paper for printing enrolled bills or resolutions. Enrolled bills and resolutions of either House of Congress shall be printed on parchment or paper of suitable quality as shall be determined by the Joint Committee on Printing. (July 30, 1947, ch. 388, 61 Stat. 635.) § 108. Repeal of repealing act. Whenever an Act is repealed, which repealed a former Act, such former Act shall not thereby be revived, unless it shall be expressly so provided. (July 30, 1947, ch. 388, 61 Stat. 635.) § 109. Repeal of statutes as affecting existing liabilities. The repeal of any statute shall not have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such statute, unless the repealing Act shall so expressly provide, and such statute shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability. The expiration of a temporary statute shall not have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such statute, unless the temporary statute shall so expressly provide, and such statute shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability. (July 30, 1947, ch. 388, 61 Stat. 635.) § 110. Saving clause of Revised Statutes. All acts of limitation, whether applicable to civil causes and proceedings, or to the prosecution of offenses, or for the recovery of penalties or forfeitures, embraced in the Revised Statutes and covered by the repeal contained therein, shall not be affected thereby, but all suits, proceedings, or prosecutions, whether civil or criminal, for causes arising, or acts done or committed prior to said repeal, may be commenced and prosecuted within the same time as if said repeal had not been made. (July 30, 1947, ch. 388, 61 Stat. 635.) § 111. Repeals as evidence of prior effectiveness. No inference shall be raised by the enactment of the Act of March 3, 1933 (ch. 202, 47 Stat. 1431), that the sections of the Revised Statutes repealed by such Act were in force or effect at the time of such enactment: Provided, however, That any rights or liabilities existing under such repealed sections shall not be affected by their repeal. (July 30, 1947, ch. 388, 61 Stat. 635.) |