49-U.S.C.-80304

§80304 – Administrative

Pathway

Title 49 > Subtitle X > Chapter 803 > Section 80304

Details

• Reference: Section 80304
• Legend: §80304 – Administrative
• USCode Year: 2013

Provision Content

(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  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).

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

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.

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).

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.

U.S. Encyclopedia of Law Coverage

49-U.S.C.-80113 in the Legal Encyclopedia: Transportation

In this entry about 49-U.S.C.-80113, find legal reference material, bibliographies and premiere content related to transportation in the American Encyclopedia of Law, presenting a comprehensive view of the United States transportation-specific issues, written by authorities in the field.

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