§ 80304. — Administrative.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC80304]
TITLE 49--TRANSPORTATION
SUBTITLE X--MISCELLANEOUS
CHAPTER 803--CONTRABAND
Sec. 80304. Administrative
(a) General.--Except as provided in subsections (b), (c), and (d) of
this section, the Secretary of the Treasury--
(1) may designate officers, employees, agents, or other persons
to carry out this chapter; and
(2) shall prescribe regulations to carry out this chapter.
(b) In Guam.--The Governor of Guam--
(1) or officers of the government of Guam designated by the
Governor shall carry out this chapter in Guam;
(2) may carry out laws referred to in section 80306(b) of this
title with modifications the Governor decides are necessary to meet
conditions in Guam; and
(3) may prescribe regulations to carry out this chapter in Guam.
(c) In Northern Mariana Islands.--The Governor of the Northern
Mariana Islands--
(1) or officers of the government of the Northern Mariana
Islands designated by the Governor shall carry out this chapter in
the Northern Mariana Islands;
(2) may carry out laws referred to in section 80306(b) of this
title with modifications the Governor decides are necessary to meet
conditions in the Northern Mariana Islands; and
(3) may prescribe regulations to carry out this chapter in the
Northern Mariana Islands.
(d) Attorney General.--The Attorney General, or officers, employees,
or agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives,
Department of Justice \1\ designated by the Attorney General, shall
carry out the laws referred to in section 80306(b) of this title to the
extent that the violation of this chapter involves contraband described
in section 80302(a)(2) or (a)(5).
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\1\ So in original. Probably should be followed by a comma.
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(e) Customs Laws on Seizure and Forfeiture.--The Secretary, or the
Governor of Guam or of the Northern Mariana Islands as provided in
subsections (b) and (c) of this section, shall carry out the customs
laws on the seizure and forfeiture of aircraft, vehicles, and vessels
under this chapter.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1354; Pub. L. 107-
296, title XI, Sec. 1112(r), Nov. 25, 2002, 116 Stat. 2278.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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80304(a).............................. 49 App.:783 (1st sentence). Aug. 9, 1939, ch. 618, Secs. 3 (1st
sentence), 4 (proviso), 8, 53 Stat.
1292, 1293.
49 App.:788.
80304(b).............................. 49 App.:789. Aug. 3, 1939, ch. 618, 53 Stat. 1291,
Sec. 9; added Aug. 1, 1956, ch. 852,
Sec. 22, 70 Stat. 911.
80304(c).............................. (no source).
80304(d).............................. 49 App.:784 (proviso).
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In subsection (a)(1), the words ``may designate'' are substituted
for ``is empowered to authorize, or designate'' in 49 App.:783 (1st
sentence) to eliminate unnecessary words. The word ``employees'' is
added for clarity and consistency in the revised title and with other
titles of the United States Code.
In subsections (a)(2) and (b)(3), the word ``regulations'' is
substituted for ``such rules and regulations as may be necessary'' in 49
App.:788 and 789 for consistency in the revised title and with other
titles of the Code and because ``rules'' and ``regulations'' are
synonymous.
In subsection (b)(1), the words ``shall carry out this chapter in
Guam'' are substituted for ``In Guam the enforcement and administration
of this chapter shall be performed'' for consistency in the revised
title.
Subsection (c) is added because, under section 502(a)(2) of the
Covenant to Establish a Commonwealth of the Northern Mariana Islands in
Political Union with the United States of America, as enacted by the Act
of March 24, 1976 (Public Law 94-241, 90 Stat. 263), and proclaimed to
be in effect by the President on January 9, 1978 (Proc. No. 4534, Oct.
24, 1977, 42 F.R. 56593, 48 U.S.C. 1681 (note)), the Commonwealth was
given the same authority as Guam when a law applies to Guam and the
States of the United States generally.
In subsection (d), the word ``Secretary'' is substituted for ``by
such officers, agents, or other persons as may be authorized or
designated for that purpose by the Secretary of the Treasury'' because
of subsection (a)(1) of this section. The words ``or the Governor of
Guam or of the Northern Mariana Islands as provided in subsections (b)
and (c) of this section'' are added because under 49 App.:789 the
Governor of Guam enforces 49 App.:ch. 11 in Guam and because of section
502(a)(2) of the Covenant referred to in the revision note for
subsection (c) of this section. The words ``the customs laws'' are
substituted for ``That such duties as are imposed upon the collector of
customs or any other person with respect to the seizure and forfeiture
of vessels and vehicles under the customs laws'' because of the
restatement and to eliminate unnecessary words.
References in Text
The customs laws, referred to in subsec. (e), are classified
generally to Title 19, Customs Duties.
Amendments
2002--Subsec. (a). Pub. L. 107-296, Sec. 1112(r)(1), substituted
``(b), (c), and (d)'' for ``(b) and (c)'' in introductory provisions.
Subsecs. (d), (e). Pub. L. 107-296, Sec. 1112(r)(2), (3), added
subsec. (d) and redesignated former subsec. (d) as (e).
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002,
see section 4 of Pub. L. 107-296, set out as an Effective Date note
under section 101 of Title 6, Domestic Security.
Section Referred to in Other Sections
This section is referred to in section 80303 of this title.
