18 U.S.C. § 2346: Enforcement and regulations

Summary

The Attorney General must enforce the rules in this chapter and may create any reasonable rules needed to carry it out, under section 2343(a). A State (through its attorney general), a local government (through its chief law enforcement officer or a designee), or a person with a permit under chapter 52 of the Internal Revenue Code of 1986 may sue in federal court to stop someone from breaking the chapter. A permit holder may not sue a State or local government. No federal suit under this part can be started against an Indian tribe or an Indian in Indian country (as defined in section 1151). Courts can award penalties, money damages, injunctions, or other fair relief. These remedies add to any other legal remedies. Nothing here waives or changes the sovereign immunity of States, local governments, or Indian tribes, and nothing limits their ability to act in State court or 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