49 U.S.C. § 80303 — Seizure and forfeiture

Page 1828 TITLE 49—TRANSPORTATION § 80303 which shall have been used’’ to eliminate unnecessary words. The words ‘‘coin, obligation, or other security referred to in clause (3) of this subsection’’ are sub- stituted for ‘‘such falsely made, forged, altered, or counterfeit coin or obligation or other security’’ be- cause of the restatement. In subsection (a)(5), the text of 49 App.:787(g) is omit- ted as unnecessary because the term ‘‘cigarettes’’ does not appear in 49 App.: ch. 11 and because the definition of ‘‘contraband cigarettes’’ referred to is part of 18:ch. 114. In subsection (b), before clause (1), the words ‘‘A per- son may not’’ are substituted for ‘‘It shall be unlawful’’ for consistency in the revised title. In clause (1), the word ‘‘transport’’ is substituted for ‘‘transport, carry, or convey’’ because it is inclusive. In clause (2), the words ‘‘or upon the person of anyone in or upon any vessel, vehicle, or aircraft’’ are omitted as unnecessary. In clause (3), the word ‘‘transportation’’ is substituted for ‘‘transportation, carriage, conveyance’’ for consist- ency in this section. The word ‘‘barter’’ is omitted as being included in ‘‘exchange’’. Editorial Notes AMENDMENTS 1996—Subsec. (a)(6). Pub. L. 104–153 added par. (6). § 80303. Seizure and forfeiture The Secretary of the Treasury or the Governor of Guam or of the Northern Mariana Islands as provided in section 80304 of this title, or, when the violation of this chapter involves contra- band described in paragraph (2) or (5) of section 80302(a), the Attorney General or a person au- thorized by another law to enforce section 80302 of this title, shall seize an aircraft, vehicle, or vessel involved in a violation of section 80302 and place it in the custody of a person des- ignated by the Secretary, the Attorney General, or appropriate Governor, as the case may be. The seized aircraft, vehicle, or vessel shall be forfeited, except when the owner establishes that a person except the owner committed the violation when the aircraft, vehicle, or vessel was in the possession of a person who got posses- sion by violating a criminal law of the United States or a State. However, an aircraft, vehicle, or vessel used by a common carrier to provide transportation for compensation may be for- feited only when— (1) the owner, conductor, driver, pilot, or other individual in charge of the aircraft or vehicle (except a rail car or engine) consents to, or knows of, the alleged violation when the violation occurs; (2) the owner of the rail car or engine con- sents to, or knows of, the alleged violation when the violation occurs; or (3) the master or owner of the vessel con- sents to, or knows of, the alleged violation when the violation occurs. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1354; Pub. L. 107–296, title XI, § 1112(q), Nov. 25, 2002, 116 Stat. 2278.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 80303 .......... 49 App.:782. Aug. 9, 1939, ch. 618, § 2, 53 Stat. 1291; Nov. 18, 1988, Pub. L. 100–690, § 6076(a), 102 Stat. 4324. 49 App.:783 (last sentence). Aug. 9, 1939, ch. 318, § 3 (last sentence), 53 Stat. 1292. In this section, before clause (1), the words ‘‘The Sec- retary of the Treasury . . . shall seize’’ are substituted for ‘‘shall be seized’’ in 49 App.:782 and ‘‘It shall be the duty of any officer, agent, or other person so author- ized or designated . . . whenever he shall discover any vessel, vehicle, or aircraft’’ in 49 App.:783 (last sen- tence) to eliminate unnecessary words and for consist- ency in the revised title. The words ‘‘the Governor of Guam or of the Northern Mariana Islands as provided in section 80304 of this title’’ are added because under 49 App.:789 the Governor of Guam enforces 49 App.:ch. 11 in Guam and because, under section 502(a)(2) of the Covenant to Establish a Commonwealth of the North- ern 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 author- ity as Guam when a law applies to Guam and the States of the United States generally. The words ‘‘or a person authorized by another law to enforce section 80302 of this title’’ are substituted for ‘‘or authorized by law’’ for clarity. The words ‘‘involved in a violation of sec- tion 80302’’ are substituted for ‘‘which has been or is being used in violation of any provision of section 781 of this Appendix, or in, upon, or by means of which any violation of said section has taken or is taking place’’ in 49 App.:782 and ‘‘which has been or is being used in violation of any of the provisions of this chapter, or in, upon, or by means of which any violation of this chap- ter has taken or is taking place’’ in 49 App.:783 (last sentence) to eliminate unnecessary words. The word ‘‘designated’’ is substituted for ‘‘authorized or des- ignated’’ in 49 App.:783 (last sentence) to eliminate un- necessary words. The words ‘‘or appropriate Governor, as the case may be’’ are added for clarity and for con- sistency in this section. The words ‘‘to await disposi- tion pursuant to the provisions of this chapter and any regulations issued hereunder’’ are omitted as unneces- sary. The words ‘‘except when . . . committed the vio- lation’’ are substituted for ‘‘Provided further, That no vessel, vehicle, or aircraft shall be forfeited under the provisions of this chapter by reason of any act or omis- sion . . . committed or omitted’’ in 49 App.:782 for clar- ity. The words ‘‘However . . . used by a common carrier to provide transportation for compensation may be for- feited only when’’ are substituted for ‘‘Provided, That no . . . used by any person as a common carrier in the transaction of business as such common carrier shall be forfeited under the provisions of this chapter unless it shall appear that’’ for clarity and consistency in the re- vised title. In clauses (1)–(3), the words ‘‘knows of’’ are substituted for ‘‘privy thereto’’ for clarity. The word ‘‘violation’’ is substituted for ‘‘illegal act’’ for consist- ency in the revised title and with other titles of the United States Code. Editorial Notes REFERENCES IN TEXT The criminal laws of the United States, referred to in text, are classified generally to Title 18, Crimes and Criminal Procedure. AMENDMENTS 2002—Pub. L. 107–296, § 1112(q)(2), inserted ‘‘, the At- torney General,’’ after ‘‘by the Secretary’’ in introduc- tory provisions. Pub. L. 107–296, § 1112(q)(1), which directed amend- ment of this section by inserting ‘‘or, when the viola- tion of this chapter involves contraband described in paragraph (2) or (5) of section 80302(a), the Attorney General’’ after ‘‘section 80304 of this title.’’, was exe- cuted by making the insertion after ‘‘section 80304 of this title,’’ to reflect the probable intent of Congress. Page 1829 TITLE 49—TRANSPORTATION § 80305 1 So in original. Probably should be followed by a comma. 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, Do- mestic Security. § 80304. Administrative (a) GENERAL.—Except as provided in sub- sections (b), (c), and (d) of this section, the Sec- retary 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 condi- tions in Guam; and (3) may prescribe regulations to carry out this chapter in Guam. (c) IN NORTHERN MARIANA ISLANDS.—The Gov- ernor 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 condi- tions 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 Gen- eral, or officers, employees, or agents of the Bu- reau of Alcohol, Tobacco, Firearms, and Explo- sives, Department of Justice 1 designated by the Attorney General, shall carry out the laws re- ferred to in section 80306(b) of this title to the extent that the violation of this chapter in- volves contraband described in section 80302(a)(2) or (a)(5). (e) CUSTOMS LAWS ON SEIZURE AND FOR- FEITURE.—The Secretary, or the Governor of Guam or of the Northern Mariana Islands as pro- vided 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, § 1(e), July 5, 1994, 108 Stat. 1354; Pub. L. 107–296, title XI, § 1112(r), Nov. 25, 2002, 116 Stat. 2278.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 80304(a) ...... 49 App.:783 (1st sen- tence). 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. HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 80304(c) ...... (no source). 80304(d) ...... 49 App.:784 (pro- viso). In subsection (a)(1), the words ‘‘may designate’’ are substituted for ‘‘is empowered to authorize, or des- ignate’’ in 49 App.:783 (1st sentence) to eliminate unnec- essary words. The word ‘‘employees’’ is added for clar- ity and consistency in the revised title and with other titles of the United States Code. In subsections (a)(2) and (b)(3), the word ‘‘regula- tions’’ is substituted for ‘‘such rules and regulations as may be necessary’’ in 49 App.:788 and 789 for consist- ency in the revised title and with other titles of the Code and because ‘‘rules’’ and ‘‘regulations’’ are syn- onymous. In subsection (b)(1), the words ‘‘shall carry out this chapter in Guam’’ are substituted for ‘‘In Guam the en- forcement 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 Jan- uary 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 sub- sections (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 sub- section (c) of this section. The words ‘‘the customs laws’’ are substituted for ‘‘That such duties as are im- posed upon the collector of customs or any other per- son with respect to the seizure and forfeiture of vessels and vehicles under the customs laws’’ because of the re- statement and to eliminate unnecessary words. Editorial Notes AMENDMENTS 2002—Subsec. (a). Pub. L. 107–296, § 1112(r)(1), sub- stituted ‘‘(b), (c), and (d)’’ for ‘‘(b) and (c)’’ in introduc- tory 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, Do- mestic Security. § 80305. Availability of certain appropriations Appropriations for enforcing customs, nar- cotics, counterfeiting, or internal revenue laws are available to carry out this chapter. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1355.)