Page:United States Statutes at Large Volume 92 Part 2.djvu/1185

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PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 2465

PUBLIC LAW 95-575—NOV. 2, 1978 2342(b) of this title shall be fined not more than $5,000 or imprisoned not more than three years, or both. "(c) Any contraband cigarettes involved in any violation of the provisions of this chapter shall be subject to seizure and forfeiture, and all provisions of the Internal Revenue Code of 1954 relating to the seizure, forfeiture, and disposition of firearms, as defined in section 5845(a) of such Code, shall, so far as applicable, extend to seizures and forfeitures under the provisions of this chapter. "§ 2345. Effect on State law " (a) Nothing in this chapter shall be construed to affect the concurrent jurisdiction of a State to enact and enforce cigarette tax laws, to provide for the confiscation of cigarettes and other property seized for violation of such laws, and to provide for penalties for the violation of such laws. "(b) Nothing* in this chapter shall be construed to inhibit or otherwise affect any coordinated law enforcement effort by a number of States, through interstate compact or otherwise, to provide for the administration of State cigarette tax laws, to provide for the confiscation of cigarettes and other property seized in violation of such laws, and to establish cooperative programs for the administration of such laws. "§ 2346. Enforcement and regulations "The Secretary, 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.". SEC. 2. The table of chapters of part I of title 18, United States Code, is amended by inserting immediately below the item relating to chapter 113 the following: "114. Trafficking in Contraband Cigarettes

26 USC 1 et seq. 26 USC 5845. 18 USC 2345.

18 USC 2346.

2341."

SEC. 3. (a) Section 1(b) of the Act of August 9, 1939 (ch. 618, 53 Stat. 1291 (49 U.S.C. 781 (b))), is amended— (1) by striking out "or" at the end of paragraph (2); (2) by striking out the period at the end of paragraph (3) and inserting in lieu thereof "; or"; and (3) by inserting after paragraph (3) the following new paragraph: "(4) Any cigarette, with respect to which there has been committed any violation of chapter 114 of title 18, United States Code, Ante, p. 2463. or any regulation issued pursuant thereto.". (b) Section 7 of the Act of August 9, 1939 (ch. 618, 53 Stat. 1291 Definitions. (49 U.S.C. 787)), is amended— (1) by striking out "and" at the end of subsection (e); (2) by striking out the period at the end of subsection (f) and inserting in lieu thereof "; and"; and (3) by inserting after subsection (f) the following new subsection: • " (g) The term 'cigarettes' means 'contraband cigarettes' as now or "Cigarettes." hereafter defined in section 2341 of title 18, United States Code.". (c) Section 1961(1)(B) of title 18, United States Code, is amended by inserting after "sections 2314 and 2315 (relating to interstate trans-