                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
                 SUBTITLE III--ADMINISTRATIVE PROVISIONS
 
                     Part V--Enforcement Provisions
 
Sec. 1604. Seizure; prosecution

    It shall be the duty of the Attorney General of the United States 
immediately to inquire into the facts of cases reported to him by 
customs officers and the laws applicable thereto, and if it appears 
probable that any fine, penalty, or forfeiture has been incurred by 
reason of such violation, for the recovery of which the institution of 
proceedings in the United States district court or the Court of 
International Trade is necessary, forthwith to cause the proper 
proceedings to be commenced and prosecuted, without delay, for the 
recovery of such fine, penalty, or forfeiture in such case provided, 
unless, upon inquiry and examination, the Attorney General decides that 
such proceedings can not probably be sustained or that the ends of 
public justice do not require that they should be instituted or 
prosecuted, in which case he shall report the facts to the Secretary of 
the Treasury for his direction in the premises.

(June 17, 1930, ch. 497, title IV, Sec. 604, 46 Stat. 754; Pub. L. 91-
271, title III, Sec. 301(bb), June 2, 1970, 84 Stat. 291; Pub. L. 96-
417, title VI, Sec. 610, Oct. 10, 1980, 94 Stat. 1746.)


                            Prior Provisions

    Provisions similar to those in this section were contained in act 
Sept. 21, 1922, ch. 356, title IV, Sec. 604, 42 Stat. 984. That section 
was superseded by section 604 of act June 17, 1930, comprising this 
section, and repealed by section 651(a)(1) of the 1930 act.
    Prior provisions substantially similar in effect, with a further 
provision for an allowance for expenses and services, were contained in 
R.S. Sec. 3085. Provisions requiring district attorneys to cause 
investigations to be made before a United States commissioner and to 
initiate and prosecute proper proceedings to recover fines and penalties 
were contained in act June 22, 1874, ch. 391, Sec. 15, 18 Stat. 189. 
Both of these sections were repealed by act Sept. 21, 1922, ch. 356, 
title IV, Secs. 642, 643, 42 Stat. 989.
    The 1922 act also superseded a provision contained in R.S. 
Sec. 3087, requiring collectors to cause suits to be commenced without 
delay and prosecuted to effect.


                               Amendments

    1980--Pub. L. 96-417 substituted ``the Attorney General of the 
United States'' and ``the Attorney General'' for ``every United States 
district attorney'' and ``such district attorney'', respectively, and 
authorized institution of proceedings in the Court of International 
Trade.
    1970--Pub. L. 91-271 substituted reference to customs officers for 
reference to collectors.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable 
with respect to civil actions pending on or commenced on or after such 
date, see section 701(a) of Pub. L. 96-417, set out as a note under 
section 251 of Title 28, Judiciary and Judicial Procedure.


                    Effective Date of 1970 Amendment

    For effective date of amendment by Pub. L. 91-271, see section 203 
of Pub. L. 91-271, set out as a note under section 1500 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 1600 of this title.
