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Protection of property owned, possessed, or shipped by the Department of Defense from lien, arrest, or seizure during shipment

Division A · Title III: Operation and Maintenance · Subtitle E: Other Matters

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Property owned, possessed, or shipped by the Department of Defense cannot be held, seized, or delayed by carriers or others involved in transportation, except for safety reasons related to hazardous materials or federal criminal actions. Vehicles and cargo used by the Department of Defense are protected from liens or seizures during shipment. The Secretary of Defense has authority to ensure the delivery and recovery of such property.

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Section Text · Sec. 355.
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(a) In general

Chapter 157 of title 10, United States Code, is amended by adding at the end the following new section:

2655. Property owned, possessed, or shipped by the Department of Defense: protection from lien, arrest, or seizure during shipment

(a) Prohibition

No carrier, port agent, warehouseman, freight forwarder, broker, or other person involved in the transportation of cargo owned, possessed, or shipped by the Department of Defense may have any lien on, or hold, impound, or otherwise interfere with the transportation of, such cargo.

(b) Exemption from arrest or seizure

The following are not subject to lien, arrest, or seizure by judicial process in the United States:

(1)

A vessel, aircraft, motor vehicle, rail car, or other conveyance owned by, possessed by, or operated by or for the Department of Defense.

(2)

Cargo owned, possessed, or shipped by the Department of Defense.

(c) Authority to accomplish delivery

The Secretary of Defense may take such actions as may be necessary to recoup, recover, arrange for, or accomplish transportation and delivery of cargo owned, possessed, or shipped by the Department of Defense.

(d) Delay of shipment for undeclared, mispackaged, or mislabeled hazardous material

Nothing in this section shall preclude a carrier from stopping the movement of undeclared, mispackaged, mislabeled, or otherwise noncompliant hazardous material shipments until the hazardous material is properly offered for transportation in accordance with section 5103 of title 49 and regulations prescribed under that section.

(e) Arrest or seizure of property pursuant to Federal criminal or forfeiture law

Nothing in this section shall preclude the United States from arresting or seizing personal property of a member of the armed forces or employee of the Department of Defense pursuant to Federal criminal or forfeiture law.

(f) Definitions

In this section:

(1)

The term broker means a person, other than a carrier or an employee or agent of a carrier, that as a principal or agent sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise as selling, providing, or arranging for, transportation by carrier for compensation.

(2)

The term carrier means a person, including a freight forwarder, that transports passengers or property in commerce by pipeline, rail, motor, air, or water.

(3)

The term freight forwarder means a person holding such person out to the general public (other than as a pipeline, rail, motor, air, or water carrier) to provide transportation of property for compensation and in the ordinary course of the business of such person—

(A)

assembles and consolidates, or provides for assembling and consolidating, shipments and performs or provides for break-bulk and distribution operations of the shipments; and

(B)

assumes responsibility for the transportation from the place of receipt to the place of destination.

(b) Expansion of coverage

Section 453(c)(5) of title 37, United States Code, is amended by striking baggage and household goods and inserting personal property .