Illegal Dumping Prevention Act of 1989

Illegal Dumping Prevention Act of 1989 - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to authorize the seizure and forfeiture of vessels illegally dumping wastes into ocean waters.

 
HR 1281 IH
101st CONGRESS
1st Session
 H. R. 1281
To amend the Marine Protection, Research, and Sanctuaries Act of 1972 to
authorize seizures and forfeitures of vessels used to violate title I of
such Act.
IN THE HOUSE OF REPRESENTATIVES
March 7, 1989
Mr. GEJDENSON (for himself, Mr. SHAYS, Mr. MORRISON of Connecticut,
Mr. ROWLAND of Connecticut, Mr. RITTER, Mr. GIBBONS, Mr. LAGOMARSINO,
Ms. KAPTUR, Mr. SMITH of Florida, Mr. LEHMAN of California, and Mrs. KENNELLY)
introduced the following bill; which was referred to the Committee on Merchant
Marine and Fisheries
A BILL
To amend the Marine Protection, Research, and Sanctuaries Act of 1972 to
authorize seizures and forfeitures of vessels used to violate title I of
such Act.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Illegal Dumping Prevention Act of 1989'.
SEC. 2. SEIZURE OF VESSELS USED FOR ILLEGAL DUMPING.
  Section 105 of the Marine Protection, Research, and Sanctuaries Act of 1972
  (33 U.S.C. 1415) is amended by adding at the end the following:
  `(i) SEIZURE AND FORFEITURE-
  `(1) IN GENERAL- Any vessel used to violate this title shall be subject
  to forfeiture to the United States.
  `(2) SEIZURE- Any vessel subject to forfeiture to the United States under
  this subsection may be seized by the Attorney General upon process issued
  pursuant to the Supplemental Rules for Certain Admiralty and Maritime
  Claims by any district court of the United States having jurisdiction over
  the property, except that seizure without such process may be made when--
  `(A) the seizure is incident to an arrest or a search under a search
  warrant or an inspection under an administrative inspection warrant;
  `(B) the vessel has been the subject of a prior judgment in favor of the
  United States in a criminal injunction or forfeiture proceeding under
  this title;
  `(C) the Attorney General has probable cause to believe that the vessel
  is directly or indirectly dangerous to health or safety; or
  `(D) the Attorney General has probable cause to believe that the vessel
  has been used or is intended to be used in violation of this title.
  `(3) CUSTODY- (A) A vessel seized under this subsection shall not be
  repleviable, but is deemed to be in the custody of the Attorney General
  subject only to the orders and decrees of the court or the official having
  jurisdiction thereof.
  `(B) Whenever a vessel is seized under this subsection, the Attorney
  General may--
  `(i) place the vessel under seal;
  `(ii) remove the vessel to a place designated by the Attorney General; or
  `(iii) require that the Administrator of General Services take custody of
  the vessel and remove it to an appropriate location for disposition.
  `(4) RELATIONSHIP TO OTHER LAWS- Seizures and forfeitures of vessels under
  this subsection shall be subject to--
  `(A) all laws relating to seizure, forfeiture, and condemnation of property
  of or violation of the customs laws;
  `(B) all laws relating to the disposition of seized and forfeited property
  or the proceeds from the sale of such property;
  `(C) all laws relating to remission or mitigation of forfeitures; and
  `(D) all laws relating to compromise of claims arising from seizures
  or forfeitures.
  `(5) DISPOSITION OF FORFEITED PROPERTY- (A) The Attorney General may with
  respect to any vessel forfeited under this subsection--
  `(i) retain the vessel for official use;
  `(ii) sell the vessel; or
  `(iii) require the Administrator of General Services to take custody of
  the vessel and remove it for disposition.
  `(B) The proceeds from any sale under subparagraph (A)(ii) shall be used
  by the Attorney General to pay all proper expenses of the proceedings
  for forfeiture and sale of the vessel, including the expenses of seizure,
  custody, advertising, and court costs. The Attorney General shall forward
  to the Secretary of the Treasury for deposit into the general fund of the
  Treasury all amounts of such proceeds in excess of such expenses.'.