49 U.S.C. § 80304 — Administrative

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.)