Title 49 — TransportationRelease 119-73
§80304 Administrative
Title 49 › Subtitle SUBTITLE X— - MISCELLANEOUS › Chapter CHAPTER 803— - CONTRABAND › § 80304
Summary
The Secretary of the Treasury can appoint people to carry out this chapter and must create the rules needed to make it work. The Governor of Guam, and the Governor of the Northern Mariana Islands, or officials they choose, must enforce the chapter in their territory, can apply the laws mentioned in section 80306(b) with changes needed for local conditions, and can make local regulations. The Attorney General, or officers or agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, must enforce the laws in section 80306(b) when a violation involves contraband listed in section 80302(a)(2) or (a)(5). The Secretary or those Governors must also handle customs seizures and forfeitures of aircraft, vehicles, and vessels under this chapter.
Full Legal Text
Title 49, §80304
Transportation — Source: USLM XML via OLRC
(a)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)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)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)The Attorney General, or officers, employees, or agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice 11 So in original. Probably should be followed by a comma. 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)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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised SectionSource (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 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.
Reference
Citations & Metadata
Citation
49 U.S.C. § 80304
Title 49 — Transportation
Last Updated
Apr 6, 2026
Release point: 119-73