I
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 fol-
lowing 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 Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction 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 regu-
lations and orders, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION. 1. INCREASED PENALTIES FOR WILLFUL VIOLA-
TION OF DEPARTMENT OF DEFENSE REGULA-
TIONS FOR THE PROTECTION AND SECURITY
OF MILITARY INSTALLATIONS AND NAVI-
GABLE 
WATERS 
USED 
BY 
THE 
ARMED
FORCES.
(a) FORFEITURE OF VESSELS USED TO VIOLATE
DEFENSE
SAFETY
REGULATIONS
REGARDING
NAVI-
GABLE WATERS.—(1) Chapter 159 of title 10, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 2697. Defense safety regulations regarding navi-
gable waters: forfeiture of vessels used to
violate regulations
‘‘(a) CIVIL FORFEITURE.—To enhance the enforce-
ment 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, appur-
tenances, stores, or cargo aboard the boat, ship, or vessel)
used in connection with the commission of any act prohib-
ited 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 applica-
tion 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 en-
forcement 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 pro-
visions are inconsistent with this section:
‘‘(A) Provisions relating to the seizure, for-
feiture, 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 Com-
missioner of Customs or other persons under the provi-
sions referred to in paragraph (2) shall, with respect to
this section, be performed by officers or other persons des-
ignated 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 estab-
lished 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 proc-
ess 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 para-
graph (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 sure-
ties 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 Gen-
eral’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 ap-
proval and direction of the appropriate court. To the ex-
tent practicable, the sale should obtain the fair market
value of the fish. The proceeds of the sale shall be depos-
ited 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 ves-
sels 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’’.
Æ