Where the President has determined under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, that a “major disaster” as defined in such Act has occurred in any part of the United States, the Secretary shall pay (without interest) an amount equal to the amount of the internal revenue taxes paid or determined and customs duties paid on tobacco products and cigarette papers and tubes removed, which were lost, rendered unmarketable, or condemned by a duly authorized official by reason of such disaster occurring in such part of the United States on and after the effective date of this section, if such tobacco products or cigarette papers or tubes were held and intended for sale at the time of such disaster. The payments authorized by this section shall be made to the person holding such tobacco products or cigarette papers or tubes for sale at the time of the disaster.
No claim shall be allowed under this section unless—
(1)filed within 6 months after the date on which the President makes the determination that the disaster referred to in subsection (a) has occurred; and
(2)the claimant furnishes proof to the satisfaction of the Secretary that—
(A)he was not indemnified by any valid claim of insurance or otherwise in respect of the tax, or tax and duty, on the tobacco products or cigarette papers or tubes covered by the claim, and
(B)he is entitled to payment under this section.
Claims under this section shall be filed under such regulations as the Secretary shall prescribe.
(c) Destruction of tobacco products or cigarette papers or tubes
Before the Secretary makes payment under this section in respect of the tax, or tax and duty, on the tobacco products or cigarette papers or tubes condemned by a duly authorized official or rendered unmarketable, such tobacco products or cigarette papers or tubes shall be destroyed under such supervision as the Secretary may prescribe, unless such tobacco products or cigarette papers or tubes were previously destroyed under supervision satisfactory to the Secretary.
(d) Other laws applicable
All provisions of law, including penalties, applicable in respect of internal revenue taxes on tobacco products and cigarette papers and tubes shall, insofar as applicable and not inconsistent with this section, be applied in respect of the payments provided for in this section to the same extent as if such payments constituted refunds of such taxes.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (a), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, as amended, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section
5121 of Title
42 and Tables.
2004—Subsec. (a). Pub. L. 108–311inserted “Robert T. Stafford” before “Disaster Relief and Emergency Assistance Act”.
1988—Subsec. (a). Pub. L. 100–707substituted “and Emergency Assistance Act” for “Act of 1974”.
1976—Pub. L. 94–455struck out “or his delegate” after “Secretary” wherever appearing.
1974—Subsec. (a). Pub. L. 93–288substituted “Disaster Relief Act of 1974” for “Disaster Relief Act of 1970”.
1970—Subsec. (a). Pub. L. 91–606substituted “Disaster Relief Act of 1970” for “Act of September 30, 1950 (42 U.S.C. 1855)”.
Effective Date of 1974 Amendment
Amendment by Pub. L. 93–288effective Apr. 1, 1974, see section 605 ofPub. L. 93–288, formerly set out as an Effective Date note under section
5121 of Title
42, The Public Health and Welfare.
Section effective Sept. 3, 1958, see section 210(a)(1) ofPub. L. 85–859, set out as a note under section
5001 of this title.
Losses of Tobacco Products Caused by Disaster
Section 209 ofPub. L. 85–859authorized payments, without interest, of amounts equal to internal revenue taxes and customs duties paid by persons suffering a major disaster, pursuant to former act Sept. 30, 1950, ch. 1125, 64 Stat. 1109, for disasters occurring in the United States after Dec. 31, 1954, and before Sept. 2, 1958, in respect to tobacco products and cigarette papers and tubes; specified persons to whom the payments would be made and the procedure for allowance of claims; required the destruction of such tobacco products and cigarette papers and tubes under supervision; and made other laws applicable to such payments insofar as not inconsistent with section 209 ofPub. L. 85–859.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
LII has no control over and does not endorse any external Internet site that contains links to or references LII.