§ 80304. Administrative

Statutory text

General.—

Except as provided in subsections (b), (c), and (d) of this section, the Secretary of the Treasury—

may designate officers, employees, agents, or other persons to carry out this chapter; and

shall prescribe regulations to carry out this chapter.

In Guam.—

The Governor of Guam—

or officers of the government of Guam designated by the Governor shall carry out this chapter in Guam;

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

may prescribe regulations to carry out this chapter in Guam.

In Northern Mariana Islands.—

The Governor of the Northern Mariana Islands—

or officers of the government of the Northern Mariana Islands designated by the Governor shall carry out this chapter in the Northern Mariana Islands;

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

may prescribe regulations to carry out this chapter in the Northern Mariana Islands.

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).

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.

Footnotes

1 So in original. Probably should be followed by a comma.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1994
Pub. L. 103–272 § 1(e) · 108 Stat. 745
Enacted · 49 U.S.C. § 80304
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1354
Source evidence
Code source credit
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1354
Enacted provision · exact public law section
Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:
2002
Homeland Security Act of 2002
Pub. L. 107–296 § 1112(r)(1) · 116 Stat. 2135
Substituted · 49 U.S.C. § 80304(a)
Pub. L. 107–296, § 1112(r)(1), substituted “(b), (c), and (d)” for “(b) and (c)” in introductory provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 107–296, § 1112(r)(1), substituted “(b), (c), and (d)” for “(b) and (c)” in introductory provisions.
Enacted provision · exact public law section
(1) in subsection (a), by striking “(b) and (c)” and inserting “(b), (c), and (d)”;
Effective date note
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.
2002
Homeland Security Act of 2002
Pub. L. 107–296 § 1112(r)(2) · 116 Stat. 2135
1. Added · 49 U.S.C. § 80304(d); 49 U.S.C. § 80304(e)
  Pub. L. 107–296, § 1112(r)(2), (3), added subsec. (d)
2. Redesignated · 49 U.S.C. § 80304(d); 49 U.S.C. § 80304(e)
  Pub. L. 107–296, § 1112(r)(2), (3), redesignated former subsec. (d) as (e)
Source evidence
Code amendment note
Subsecs. (d), (e). Pub. L. 107–296, § 1112(r)(2), (3), added subsec. (d) and redesignated former subsec. (d) as (e).
Enacted provision · exact public law section
(2) by redesignating subsection (d) as subsection (e); and
Effective date note
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.

4 of 4 references resolved to an enrolled provision

Notes

historicalAndRevision

Historical and Revision Notes
RevisedSection	Source (U.S. Code)	Source (Statutes at Large)
80304(a)	49 App.:783 (1st sentence).	Aug. 9, 1939, ch. 618, §§ 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, § 9; added Aug. 1, 1956, ch. 852, § 22, 70 Stat. 911.
80304(c)	(no source).
80304(d)	49 App.:784 (proviso).

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.

Editorial Notes

Amendments

2002—Subsec. (a). Pub. L. 107–296, § 1112(r)(1), substituted “(b), (c), and (d)” for “(b) and (c)” in introductory provisions.

Subsecs. (d), (e). Pub. L. 107–296, § 1112(r)(2), (3), added subsec. (d) and redesignated former subsec. (d) as (e).

Statutory Notes and Related Subsidiaries

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.

Credits

1994–2002 · 2 acts

1994Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1354
2002Pub. L. 107–296, title XI, § 1112(r), Nov. 25, 2002, 116 Stat. 2278.

Show as published

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1354; Pub. L. 107–296, title XI, § 1112(r), Nov. 25, 2002, 116 Stat. 2278.)