[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3044 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 3044

To amend title 10, United States Code, to provide for the forfeiture of 
 vessels used in the commission of willful violations of Department of 
Defense safety regulations regarding navigable waters used by the Armed 
     Forces, to increase penalties for violation of other security 
            regulations and orders, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 4, 2001

 Mr. Taylor of Mississippi (for himself and Mr. Buyer) introduced the 
following bill; which was referred to the Committee on Armed Services, 
and in addition to the Committees on the Judiciary, and Transportation 
 and Infrastructure, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend title 10, United States Code, to provide for the forfeiture of 
 vessels used in the commission of willful violations of Department of 
Defense safety regulations regarding navigable waters used by the Armed 
     Forces, to increase penalties for violation of other security 
            regulations and orders, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION. 1. INCREASED PENALTIES FOR WILLFUL VIOLATION OF DEPARTMENT OF 
              DEFENSE REGULATIONS FOR THE PROTECTION AND SECURITY OF 
              MILITARY INSTALLATIONS AND NAVIGABLE WATERS USED BY THE 
              ARMED FORCES.

    (a) Forfeiture of Vessels Used To Violate Defense Safety 
Regulations Regarding Navigable Waters.--(1) Chapter 159 of title 10, 
United States Code, is amended by adding at the end the following new 
section:
``Sec. 2697. Defense safety regulations regarding navigable waters: 
              forfeiture of vessels used to violate regulations
    ``(a) Civil Forfeiture.--To enhance the enforcement of regulations 
prescribed under section 4 of the Act of August 18, 1894 (33 U.S.C. 1), 
and chapter XIX of the Act of July 9, 1918 (33 U.S.C. 3), any boat, 
ship, or other vessel (including any gear, furniture, appurtenances, 
stores, or cargo aboard the boat, ship, or vessel) used in connection 
with the commission of any act prohibited by such regulations shall be 
subject to forfeiture to the United States pursuant to a civil 
proceeding under this section.
    ``(b) Jurisdiction of Courts.--Any district court of the United 
States shall have jurisdiction, upon application by the Attorney 
General on behalf of the United States, to order any forfeiture 
authorized under subsection (a) and any action provided for under 
subsection (d).
    ``(c) Judgment.--(1) If a judgment is entered for the United States 
in a civil forfeiture proceeding under this section, the Attorney 
General may seize any property or other interest declared forfeited to 
the United States, which has not previously been seized pursuant to the 
enforcement of the regulations described in subsection (a) or for which 
security has not previously been obtained under subsection (d).
    ``(2) The following provisions of the customs laws shall apply to 
seizures and forfeitures incurred, or alleged to have been incurred, 
under this section, unless such provisions are inconsistent with this 
section:
            ``(A) Provisions relating to the seizure, forfeiture, and 
        condemnation of property for violation of the customs law.
            ``(B) Provisions relating to the disposition of such 
        property or the proceeds from the sale thereof.
            ``(C) Provisions relating to the remission or mitigation of 
        any such forfeiture.
    ``(3) The duties and powers imposed upon the Commissioner of 
Customs or other persons under the provisions referred to in paragraph 
(2) shall, with respect to this section, be performed by officers or 
other persons designated for such purpose by the Attorney General.
    ``(4) The proceeds from the sale of property forfeited to the 
United States under this section shall be deposited in the Department 
of the Treasury Forfeiture Fund established under chapter 97 of title 
31.
    ``(d) Procedure.--(1) Any officer authorized to serve any process 
in rem which is issued by a district court of the United States may 
stay the execution of such process or discharge any fish seized 
pursuant to such process upon the receipt of a satisfactory bond or 
other security from any person claiming such property.
    ``(2) Any bond or other security referred to in paragraph (1) shall 
be subject to the condition that the person will deliver the property 
to the appropriate court upon order thereof, without any impairment of 
its value, or pay the monetary value of the property pursuant to an 
order of such court. Judgment shall be recoverable on such bond or 
other security against both the principal and any sureties in the event 
that any condition thereof is breached, as determined by such court.
    ``(3) Nothing in this subsection may be construed to require the 
Attorney General, except in the Attorney General's discretion or 
pursuant to the order of the court, to release on bond any seized fish 
or other property or the proceeds from the sale thereof.
    ``(e) Treatment of Seized Fish.--Any fish seized pursuant to this 
section may be sold, subject to the approval and direction of the 
appropriate court. To the extent practicable, the sale should obtain 
the fair market value of the fish. The proceeds of the sale shall be 
deposited with the court pending the disposition of the matter 
involved.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``2697. Defense safety regulations regarding navigable waters: 
                            forfeiture of vessels used to violate 
                            regulations.''.
    (b) Violations of Security Regulations and Orders.--Section 21(a) 
of the Act of September 23, 1950 (50 U.S.C. 797(a)), is amended--
            (1) by striking ``misdemeanor'' and inserting ``felony'';
            (2) by striking ``$5,000'' and inserting ``$10,000''; and
            (3) by striking ``one year'' and inserting ``10 years''.
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