§2346 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

The Attorney General must enforce the rules in this chapter and, under section 2343(a), can make rules needed to carry it out. A State (through its attorney general), a local government (through its top law enforcement officer or that officer’s designee), or a person holding a permit under chapter 52 of the Internal Revenue Code of 1986 may go to United States district courts to stop violations. A permit holder cannot sue a State or local government. No suit under this part can be started against an Indian tribe or an Indian in Indian country (as defined in section 1151). States and local governments bringing suits can ask for penalties, money damages, injunctions, or other relief. The chapter does not waive or change sovereign immunity for States, local governments, or Indian tribes. The remedies here are extra to any other federal, State, local, or other laws. Nothing in the chapter changes an authorized State or local official’s right to bring cases in State court or take enforcement actions under State or local law.

Title 18, §2346

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)The Attorney General, subject to the provisions of section 2343(a) of this title, shall enforce the provisions of this chapter and may prescribe such rules and regulations as he deems reasonably necessary to carry out the provisions of this chapter.

(b)(1)A State, through its attorney general, a local government, through its chief law enforcement officer (or a designee thereof), or any person who holds a permit under chapter 52 of the Internal Revenue Code of 1986, may bring an action in the United States district courts to prevent and restrain violations of this chapter by any person (or by any person controlling such person), except that any person who holds a permit under chapter 52 of the Internal Revenue Code of 1986 may not bring such an action against a State or local government. No civil action may be commenced under this paragraph against an Indian tribe or an Indian in Indian country (as defined in section 1151).

(2)A State, through its attorney general, or a local government, through its chief law enforcement officer (or a designee thereof), may in a civil action under paragraph (1) also obtain any other appropriate relief for violations of this chapter from any person (or by any person controlling such person), including civil penalties, money damages, and injunctive or other equitable relief. Nothing in this chapter shall be deemed to abrogate or constitute a waiver of any sovereign immunity of a State or local government, or an Indian tribe against any unconsented lawsuit under this chapter, or otherwise to restrict, expand, or modify any sovereign immunity of a State or local government, or an Indian tribe.

(3)The remedies under paragraphs (1) and (2) are in addition to any other remedies under Federal, State, local, or other law.

(4)Nothing in this chapter shall be construed to expand, restrict, or otherwise modify any right of an authorized State official to proceed in State court, or take other enforcement actions, on the basis of an alleged violation of State or other law.

(5)Nothing in this chapter shall be construed to expand, restrict, or otherwise modify any right of an authorized local government official to proceed in State court, or take other enforcement actions, on the basis of an alleged violation of local or other law.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Chapter 52 of the Internal Revenue Code of 1986, referred to in subsec. (b)(1), is classified generally to chapter 52 (§ 5701 et seq.) of Title 26, Internal Revenue Code.

Amendments

2006—Pub. L. 109–177 designated existing provisions as subsec. (a) and added subsec. (b). 2002—Pub. L. 107–296 substituted “Attorney General” for “Secretary”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 AmendmentAmendment 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.

§2346 Enforcement and regulations

Summary

Title 18, §2346

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata