I 

108TH CONGRESS 

1ST SESSION H. R. 2376

To prevent and respond to terrorism and crime at or through ports. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 5, 2003

Ms. MILLENDER-MCDONALD introduced the following bill; which was referred 

to the Committee on the Judiciary, and in addition to the Committees 

on Transportation and Infrastructure, and Ways and Means, 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 prevent and respond to terrorism and crime at or through 

ports.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Anti-Terrorism and Port Security Act of 2003’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows:
2

•HR 2376 IH 

Sec. 1. Short title; table of contents. 

TITLE I—DETERRING AND PUNISHING TERRORISM AND CRIME 

AT UNITED STATES PORTS 

Sec. 101. Destruction or interference with vessels or maritime facilities. 

Sec. 102. Criminal sanctions for placement of destructive devices or substances 

in United States jurisdictional waters. 

Sec. 103. Piracy and privateering. 

Sec. 104. Use of a dangerous weapon or explosive on a passenger vessel. 

Sec. 105. Sanctions for failure to heave to and for obstruction of boarding and 

providing false information. 

Sec. 106. Criminal sanctions for violence against maritime navigation. 

Sec. 107. Criminal sanctions for malicious dumping. 

Sec. 108. Attorney general to coordinate port-related crime data collection. 

TITLE II—PROTECTING UNITED STATES PORTS AGAINST 

TERRORISM AND CRIME 

Subtitle A—General Provision 

Sec. 201. Definitions. 

Subtitle B—Security Authority 

Sec. 211. Designated security authority. 

Subtitle C—Securing the Supply Chain 

Sec. 221. Manifest requirements. 

Sec. 222. Penalties for inaccurate manifest. 

Sec. 223. Shipment profiling plan. 

Sec. 224. Inspection of merchandise at foreign facilities. 

Subtitle D—Security of Seaports and Containers 

Sec. 231. Seaport security requirements. 

Sec. 232. Seaport security cards. 

Sec. 233. Securing sensitive information. 

Sec. 234. Container security. 

Sec. 235. Office and inspection facilities. 

Sec. 236. Security grants to seaports. 

TITLE III—AUTHORIZATION 

Sec. 301. Authorization of appropriations.
3

•HR 2376 IH 

1 TITLE I—DETERRING AND PUN2 ISHING TERRORISM AND 

3 CRIME AT UNITED STATES 

4 PORTS 

5 SEC. 101. DESTRUCTION OR INTERFERENCE WITH VESSELS 

6 OR MARITIME FACILITIES. 

7 (a) IN GENERAL.—Title 18, United States Code, is 

8 amended by inserting after chapter 65 the following:

9 ‘‘CHAPTER 66—MARITIME VESSELS

‘‘Sec. 

‘‘1371. Jurisdiction and scope. 

‘‘1372. Destruction of vessel or maritime facility. 

‘‘1373. Imparting or conveying false information.

10 ‘‘§ 1371 Jurisdiction and scope 

11 ‘‘(a) IN GENERAL.—There is jurisdiction under sec12 tion 3231 over an offense under this chapter if—

13 ‘‘(1) the prohibited activity takes place within 

14 the United States, or in waters or submerged lands 

15 thereunder subject to the jurisdiction of the United 

16 States; or 

17 ‘‘(2) the prohibited activity takes place outside 

18 the United States, and—

19 ‘‘(A) an offender or a victim of the prohib20 ited activity is a citizen of the United States; 

21 ‘‘(B) a citizen of the United States was on 

22 board a vessel to which this chapter applies; or 
4

•HR 2376 IH 

1 ‘‘(C) the prohibited activity involves a ves2 sel of the United States. 

3 ‘‘(b) APPLICABILITY.—Nothing in this chapter shall 

4 apply to otherwise lawful activities carried out by, or at 

5 the direction of, the United States Government. 

6 ‘‘§ 1372. Destruction of vessel or maritime facility 

7 ‘‘(a) OFFENSES.—It shall be unlawful for any per8 son—

9 ‘‘(1) to willfully—

10 ‘‘(A) set fire to, damage, destroy, disable, 

11 or wreck any vessel; or 

12 ‘‘(B) place or cause to be placed a destruc13 tive device or destructive substance in, upon, or 

14 in proximity to, or otherwise make or cause to 

15 be made an unworkable or unusable or haz16 ardous to work or use, any vessel (as defined in 

17 section 3 of title 1), or any part or other mate18 rials used or intended to be used in connection 

19 with the operation of a vessel; or 

20 ‘‘(C) set fire to, damage, destroy, disable, 

21 or displace a destructive device or destructive 

22 substance in, upon, or in proximity to, any mar23 itime facility, including any aid to navigation, 

24 lock, canal, or vessel traffic service facility or 

25 equipment, or interfere by force or violence with
5

•HR 2376 IH 

1 the operation of such maritime facility, if such 

2 action is likely to endanger the safety of any 

3 vessel in navigation; 

4 ‘‘(D) set fire to, damage, destroy, disable, 

5 or place a destructive device or destructive sub6 stance in, upon, or in proximity to any appli7 ance, structure, property, machine, apparatus, 

8 or any facility or other material used or in9 tended to be used in connection with the oper10 ation, maintenance, loading, unloading, or stor11 age of any vessel or any passenger or cargo car12 ried on, or intended to be carried on, any vessel; 

13 ‘‘(E) perform an act of violence against or 

14 incapacitate an individual on a vessel, if such 

15 act of violence or incapacitation is likely to en16 danger the safety of the vessel or those on 

17 board; 

18 ‘‘(F) perform an act of violence against a 

19 person that causes or is likely to cause serious 

20 bodily injury in, upon, or in proximity to any 

21 appliance, structure, property, machine, appa22 ratus, or any facility or other material used or 

23 intended to be used in connection with the oper24 ation, maintenance, loading, unloading, or stor-
6

•HR 2376 IH 

1 age of any vessel or any passenger or cargo car2 ried or intended to be carried on any vessel; or 

3 ‘‘(G) communicate information, knowing 

4 the information to be false and under cir5 cumstances in which such information may rea6 sonably be believed, thereby endangering the 

7 safety of any vessel in navigation; or 

8 ‘‘(2) to attempt or conspire to do anything pro9 hibited under paragraph (1). 

10 ‘‘(b) PENALTY.—Any person who—

11 ‘‘(1) violates subparagraph (A) or (B) of sub12 section (a)(1) shall be fined in accordance with this 

13 title or imprisoned for a maximum life imprisonment 

14 term, or both, and if death results, shall be subject 

15 to the death penalty; and 

16 ‘‘(2) violates subsection (a)(2) or subparagraph 

17 (C), (D), (E), (F), or (G) of subsection (a)(1) shall 

18 be fined in accordance with this title or imprisoned 

19 not more than 20 years, or both. 

20 ‘‘(c) ADDITIONAL PENALTIES.—Any person who is 

21 fined or imprisoned in accordance with subsection (b) for 

22 an offense that involved a vessel that, at the time the viola23 tion occurred, carried high-level radioactive waste or spent 

24 nuclear fuel shall be fined in accordance with this title or 

25 imprisoned for not less than 30 years, or for life. 
7

•HR 2376 IH 

1 ‘‘(d) THREATENED OFFENSE.—Any person who will2 fully imparts or conveys any threat to do an act which 

3 would violate this chapter, with an apparent determination 

4 and will to carry out the threat, shall be—

5 ‘‘(1) fined in accordance with this title or im6 prisoned not more than 5 years, or both; and 

7 ‘‘(2) liable for all costs incurred as a result of 

8 such threat. 

9 ‘‘(e) DEFINITIONS.—For purposes of this section—

10 ‘‘(1) the term ‘destructive device’ has the mean11 ing as such term in section 921(a)(4); 

12 ‘‘(2) the term ‘destructive substance’ has the 

13 meaning as such term in section 31; 

14 ‘‘(3) the term ‘high-level radioactive waste’ has 

15 the meaning as such term in section 2(12) of the 

16 Nuclear Waste Policy Act of 1982 (42 U.S.C. 

17 10101(12)); 

18 ‘‘(4) the term ‘serious bodily injury’ has the 

19 meaning as such term in section 1365(g); and 

20 ‘‘(5) the term ‘spent nuclear fuel’ has the 

21 meaning as such term in section 2(23) of the Nu22 clear Waste Policy Act of 1982 (42 U.S.C. 

23 10101(23)). 
8

•HR 2376 IH 

1 ‘‘§ 1373. Imparting or conveying false information 

2 ‘‘(a) IN GENERAL.—Any person who imparts or con3 veys, or causes to be imparted or conveyed, false informa4 tion, knowing the information to be false, concerning an 

5 attempt or alleged attempt being made or to be made, to 

6 do any act that is an offense under this chapter or chapter 

7 2, 97, or 111, shall be subject to a civil penalty of not 

8 more than $5,000, which shall be recoverable in a civil 

9 action brought in the name of the United States. 

10 ‘‘(b) INCREASED PENALTY.—Any person who will11 fully and maliciously, or with reckless disregard for the 

12 safety of human life, imparts or conveys, or causes to be 

13 imparted or conveyed, false information, knowing the in14 formation to be false, concerning an attempt or alleged 

15 attempt being made by or to be made, to do any act that 

16 is an offense under this chapter or chapter 2, 97, or 111, 

17 shall be fined in accordance with this title or imprisoned 

18 not more than 5 years, or both.’’. 

19 (b) TECHNICAL AND CONFORMING AMENDMENT.—

20 The table of chapters at the beginning of title 18, is 

21 amended by inserting after the item relating to chapter 

22 65 the following:

‘‘66. Maritime Vessels ....................................................................... 1371’’.
9

•HR 2376 IH 

1 SEC. 102. CRIMINAL SANCTIONS FOR PLACEMENT OF DE2 STRUCTIVE DEVICES OR SUBSTANCES IN 

3 UNITED STATES JURISDICTIONAL WATERS. 

4 (a) IN GENERAL.—Chapter 111 of title 18, United 

5 States Code, is amended by inserting after section 2280 

6 the following: 

7 ‘‘§ 2280A. Devices or substances in waters of the 

8 United States likely to destroy or damage 

9 ships 

10 ‘‘(a) IN GENERAL.—Any person who knowingly 

11 places or causes to be placed in waters subject to the juris12 diction of the United States, by any means, a device or 

13 substance that is likely to destroy or cause damage to a 

14 ship or its cargo, or cause interference with the safe navi15 gation of vessels or interference with maritime commerce, 

16 such as by damaging or destroying marine terminals, fa17 cilities, and any other maritime structure or entity used 

18 in maritime commerce, with the intent of causing such de19 struction or damage—

20 ‘‘(1) shall be fined in accordance with this title 

21 and imprisoned for any term of years or for life; and 

22 ‘‘(2) if the death of any person results from 

23 conduct prohibited under this section, may be pun24 ished by death.
10

•HR 2376 IH 

1 ‘‘(b) APPLICABILITY.—Nothing in this section shall 

2 be construed to apply to otherwise lawfully authorized and 

3 conducted activities of the United States Government.’’. 

4 (b) TECHNICAL AND CONFORMING AMENDMENT.—

5 The table of sections for chapter 111 of title 18, United 

6 States Code, is amended by inserting after the item relat7 ing to section 2280 the following:

‘‘2280A. Devices or substances in waters of the United States likely to destroy 

or damage ships.’’.

8 SEC. 103. PIRACY AND PRIVATEERING. 

9 Chapter 81 of title 18, United States Code, is amend10 ed to read as follows:

11 ‘‘CHAPTER 81—PIRACY AND 

12 PRIVATEERING

‘‘Sec. 

‘‘1651. Piracy. 

‘‘1652. Crimes against United States persons or property on board a ship or 

maritime structure. 

‘‘1653. Crimes against persons on board a ship or maritime structure within the 

territorial jurisdiction of the United States. 

‘‘1654. Crimes by United States citizens or resident aliens. 

‘‘1655. Privateering. 

‘‘1656. Theft or conversion of vessel, maritime structure, cargo, or effects. 

‘‘1657. Intentional wrecking or plunder of a vessel, maritime structure, cargo, 

or effects. 

‘‘1658. Knowing receipt of an illegally acquired vessel, maritime structure, 

cargo, or effects. 

‘‘1659. Attempts. 

‘‘1660. Accessories. 

‘‘1661. Inapplicability to United States Government activities.

13 ‘‘§ 1651. Piracy 

14 ‘‘Any person who commits the crime of piracy and 

15 is afterwards brought into, or found in, the United States 

16 shall be imprisoned for life. 
11

•HR 2376 IH 

1 ‘‘§ 1652. Crimes against United States persons or 

2 property on board a ship or maritime 

3 structure 

4 ‘‘Any person who commits any illegal act of violence, 

5 detention, or depredation against the United States, in6 cluding any vessel of the United States, citizen of the 

7 United States, any commercial structure owned in whole 

8 or in part by a United States citizen or resident alien, 

9 or any United States citizen or resident alien, or the prop10 erty of that citizen or resident alien, on board a ship or 

11 maritime structure and is afterwards brought into or 

12 found in the United States, shall be fined in accordance 

13 with this title or imprisoned not more than 20 years, or 

14 both.

15 ‘‘§ 1653. Crimes against persons on board a ship or 

16 maritime structure within the territorial 

17 jurisdiction of the United States 

18 ‘‘Any person who commits any illegal act of violence, 

19 detention, or depredation against an individual on board 

20 a ship or maritime structure, or the property of that indi21 vidual, in waters or submerged lands thereunder, subject 

22 to the jurisdiction of the United States, shall be fined in 

23 accordance with this title or imprisoned not more than 20 

24 years, or both. 
12

•HR 2376 IH 

1 ‘‘§ 1654. Crimes by United States citizens or resident 

2 aliens 

3 ‘‘Any person, being a United States citizen or resi4 dent alien, or purporting to act under the authority of the 

5 United States, who commits any illegal act of violence, de6 tention, or depredation against an individual on board a 

7 ship or maritime structure, or the property of that indi8 vidual, shall be fined in accordance with this title or im9 prisoned not more than 20 years, or both. 

10 ‘‘§ 1655. Privateering 

11 ‘‘(a) OFFENSE.—It shall be unlawful for any person 

12 to furnish, fit out, arm, or serve in a privateer or private 

13 vessel used to commit any illegal act of violence, detention, 

14 or depredation against an individual, or the property of 

15 that individual, or any vessel or maritime structure with16 out the express authority of the United States Government 

17 when—

18 ‘‘(1) the perpetrator of the act is a United 

19 States citizen or resident alien, or purports to act 

20 under authority of the United States; 

21 ‘‘(2) the individual against whom the act is 

22 committed is a United States citizen or resident 

23 alien or the property, vessel, or maritime structure 

24 involved is owned, in whole or in part, by a United 

25 States citizen or resident alien; or 
13

•HR 2376 IH 

1 ‘‘(3) some element of the illegal act of violence, 

2 detention, or depredation is committed in waters 

3 subject to the jurisdiction of the United States. 

4 ‘‘(b) PENALTY.—Any person who violates subsection 

5 (a) shall be fined in accordance with this title or impris6 oned not more than 20 years, or both. 

7 ‘‘§ 1656. Theft or conversion of vessel, maritime struc8 ture, cargo, or effects 

9 ‘‘(a) OFFENSE.—It shall be unlawful for any person 

10 who is a captain, officer, crewman, or passenger of a vessel 

11 or maritime structure to assist in the theft or conversion 

12 of such vessel or maritime structure, or its cargo or effects 

13 when—

14 ‘‘(1) the perpetrator is a United States citizen 

15 or resident alien, or purports to act under the au16 thority of the United States; 

17 ‘‘(2) the vessel, maritime structure, cargo, or 

18 effects is owned in whole or in part by a United 

19 States citizen or resident alien; or 

20 ‘‘(3) some element of the theft or conversion is 

21 committed in waters subject to the jurisdiction of 

22 the United States. 

23 ‘‘(b) PENALTY.—Any person who violates subsection 

24 (a) shall be fined in accordance with this title or impris25 oned not more than 20 years, or both. 
14

•HR 2376 IH 

1 ‘‘§ 1657. Intentional wrecking or plunder of a vessel, 

2 maritime structure, cargo, or effects 

3 ‘‘(a) OFFENSE.—It shall be unlawful for any person 

4 to—

5 ‘‘(1) intentionally cause the wrecking of a vessel 

6 or maritime structure by act or omission, either di7 rectly such as by intentional grounding, or indirectly 

8 by modification or destruction of any navigational 

9 marker or safety device; 

10 ‘‘(2) intentionally plunder, steal, or destroy a 

11 vessel, maritime structure, cargo, or effects when 

12 such vessel or maritime structure is in distress, 

13 wrecked, lost, stranded, or cast away; or 

14 ‘‘(3) intentionally obstruct or interfere with the 

15 rescue of a person on board a vessel or maritime 

16 structure in distress, wrecked, lost, stranded, or cast 

17 away, or the legal salvage of such a vessel, maritime 

18 structure, cargo, or effects, when—

19 ‘‘(A) the perpetrator is a United States cit20 izen or resident alien, or purports to act under 

21 authority of the United States; 

22 ‘‘(B) the vessel, maritime structure, cargo, 

23 or effects is owned in whole or in part by a 

24 United States citizen or resident alien; or
15

•HR 2376 IH 

1 ‘‘(C) some element of the theft or conver2 sion is committed in waters subject to the juris3 diction of the United States. 

4 ‘‘(b) PENALTY.—Any person who violates subsection 

5 (a) shall be fined in accordance with this title or impris6 oned not more than 20 years, or both. 

7 ‘‘§ 1658. Knowing receipt of an illegally acquired ves8 sel, maritime structure, cargo, or effects 

9 ‘‘Any person who knowingly receives or acquires a 

10 vessel, maritime structure, cargo, or effects converted or 

11 obtained by action falling under any section of this chapter 

12 shall be fined in accordance with this title or imprisoned 

13 not more than 20 years, or both. 

14 ‘‘§ 1659. Attempts 

15 Any person who attempts any act which, if com16 mitted, would constitute an offense under this chapter 

17 shall be fined in accordance with this title or imprisoned 

18 not more than 20 years, or both. 

19 ‘‘§ 1660. Accessories 

20 ‘‘(a) COMMISSION OF AN OFFENSE.—Any person who 

21 knowingly assists any person in the commission of an act 

22 that constitutes an offense under this chapter shall be 

23 fined in accordance with this title or imprisoned not more 

24 than 20 years, or both. 
16

•HR 2376 IH 

1 ‘‘(b) AVOIDANCE OF CONSEQUENCES.—Any person 

2 who knowingly assists any person in avoiding the con3 sequences of an act that constitutes an offense under this 

4 chapter shall be fined in accordance with this title or im5 prisoned not more than 20 years, or both. 

6 ‘‘§ 1661. Inapplicability to United States Government 

7 activities 

8 ‘‘Nothing in this chapter shall apply to otherwise law9 ful activities—

10 ‘‘(1) carried out by, or at the direction of, the 

11 United States Government; or 

12 ‘‘(2) undertaken under a letter or marque and 

13 reprisal issued by the United States Government.’’.

14 SEC. 104. USE OF A DANGEROUS WEAPON OR EXPLOSIVE 

15 ON A PASSENGER VESSEL. 

16 (a) IN GENERAL.—Chapter 39 of title 18, United 

17 States Code, is amended by inserting after section 831 the 

18 following: 

19 ‘‘§ 832. Use of a dangerous weapon or explosive on a 

20 passenger vessel 

21 ‘‘(a) OFFENSE.—It shall be unlawful for any person 

22 to willfully—

23 ‘‘(1) commit an act, including the use of a dan24 gerous weapon, explosive, or incendiary device, with 

25 the intent to cause death or serious bodily injury to 
17

•HR 2376 IH 

1 a crew member or passenger of a passenger vessel 

2 or any other person while on board a passenger ves3 sel; or 

4 ‘‘(2) attempt, threaten, or conspire to do any 

5 act referred to in paragraph (1). 

6 ‘‘(b) PENALTY.—Any person who violates subsection 

7 (a) shall be fined in accordance with this title or impris8 oned not more than 20 years, or both. 

9 ‘‘(c) AGGRAVATED OFFENSE.—Any person who com10 mits an offense described in subsection (a) in a cir11 cumstance in which—

12 ‘‘(1) the vessel was carrying a passenger at the 

13 time of the offense; or 

14 ‘‘(2) the offense has resulted in the death of 

15 any person; 

16 shall be guilty of an aggravated offense and shall be fined 

17 in accordance with this title or imprisoned for any term 

18 of years or for life. 

19 ‘‘(d) APPLICABILITY.—This section shall apply to 

20 vessels that are subject to the jurisdiction of the United 

21 States, and vessels carrying passengers who are United 

22 States citizens or resident aliens, wherever located. 

23 ‘‘(e) DEFINITIONS.—For purposes of this section—

24 ‘‘(1) the term ‘dangerous weapon’ has the 

25 meaning given such term in section 930(g); 
18

•HR 2376 IH 

1 ‘‘(2) the term ‘explosive or incendiary device’ 

2 has the meaning given such term in section 232(5); 

3 ‘‘(3) the term ‘passenger’ has the same mean4 ing given such term in section 2101(21) of title 46; 

5 ‘‘(4) the term ‘passenger vessel’ has the same 

6 meaning given such term in section 2101(22) of title 

7 46; and 

8 ‘‘(5) the term ‘serious bodily injury’ has the 

9 meaning given such term in section 1365(g).’’. 

10 (b) TECHNICAL AND CONFORMING AMENDMENT.—

11 The table of sections for chapter 39 of title 18, United 

12 States Code, is amended by inserting after the item relat13 ing to section 831 the following:

‘‘832. Use of a dangerous weapon or explosive on a passenger vessel.’’.

14 SEC. 105. SANCTIONS FOR FAILURE TO HEAVE TO AND FOR 

15 OBSTRUCTION OF BOARDING AND PRO16 VIDING FALSE INFORMATION. 

17 (a) IN GENERAL.—Chapter 109 of title 18, United 

18 States Code, is amended by adding at the end the fol19 lowing: 

20 ‘‘§ 2237. Sanctions for failure to heave to; sanctions 

21 for obstruction of boarding or providing 

22 false information 

23 ‘‘(a) FAILURE TO HEAVE TO.—It shall be unlawful 

24 for the master, operator, or person in charge of a vessel 

25 of the United States, or a vessel subject to the jurisdiction 
19

•HR 2376 IH 

1 of the United States, to knowingly fail to obey an order 

2 to heave to on being ordered to do so by an authorized 

3 Federal law enforcement officer. 

4 ‘‘(b) OBSTRUCTION OF BOARDING AND PROVIDING

5 FALSE INFORMATION.—It shall be unlawful for any per6 son on board a vessel of the United States or a vessel sub7 ject to the jurisdiction of the United States to—

8 ‘‘(1) forcibly assault, resist, oppose, prevent, 

9 impede, intimidate, or interfere with a boarding or 

10 other law enforcement action authorized by any Fed11 eral law, or to resist a lawful arrest; or 

12 ‘‘(2) provide information to a Federal law en13 forcement officer during a boarding of a vessel re14 garding the vessel’s destination, origin, ownership, 

15 registration, nationality, cargo, or crew that the per16 son knows is false. 

17 ‘‘(c) LIMITATIONS.—This section shall not limit the 

18 authority of—

19 ‘‘(1) an officer under section 581 of the Tariff 

20 Act of 1930 (19 U.S.C. 1581) or any other provision 

21 of law enforced or administered by the Secretary of 

22 the Treasury or the Under Secretary for Border and 

23 Transportation Security of the Department of 

24 Homeland Security; or
20

•HR 2376 IH 

1 ‘‘(2) a Federal law enforcement officer under 

2 any law of the United States to order a vessel to 

3 stop or heave to. 

4 ‘‘(d) CONSENT OR OBJECTION TO ENFORCEMENT.—

5 A foreign nation may consent or waive objection to the 

6 enforcement of United States law by the United States 

7 under this section by radio, telephone, or similar oral or 

8 electronic means, which consent or waiver may be proven 

9 by certification of the Secretary of State or the Secretary’s 

10 designee. 

11 ‘‘(e) PENALTY.—Any person who intentionally vio12 lates this section shall be fined in accordance with this 

13 title and imprisoned not more than 1 year. 

14 ‘‘(f) DEFINITIONS.—For purposes of this section—

15 ‘‘(1) the terms ‘vessel of the United States’ and 

16 ‘vessel subject to the jurisdiction of the United 

17 States’ have the same meanings as such terms in 

18 section 3 of the Maritime Drug Law Enforcement 

19 Act (46 U.S.C. App. 1903); 

20 ‘‘(2) the term ‘heave to’ means to cause a vessel 

21 to slow, come to a stop, or adjust its course or speed 

22 to account for the weather conditions and sea state 

23 to facilitate a law enforcement boarding; and 
21

•HR 2376 IH 

1 ‘‘(3) the term ‘Federal law enforcement officer’ 

2 has the same meaning as such term in section 

3 115.’’. 

4 (b) TECHNICAL AND CONFORMING AMENDMENT.—

5 The table of sections for chapter 109 of title 18, United 

6 States Code, is amended by adding at the end the fol7 lowing:

‘‘2237. Sanctions for failure to heave to; sanctions for obstruction of boarding 

or providing false information.’’.

8 SEC. 106. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST 

9 MARITIME NAVIGATION. 

10 Section 2280(a) of title 18, United States Code, is 

11 amended—

12 (1) in paragraph (1)—

13 (A) by redesignating subparagraphs (F), 

14 (G), and (H) as (G), (H), and (I), respectively;

15 (B) by inserting after subparagraph (E) 

16 the following: 

17 ‘‘(F) destroys, damages, alters, moves, or 

18 tampers with any aid to maritime navigation 

19 maintained by the Saint Lawrence Seaway De20 velopment Corporation under the authority of 

21 section 4 of the Act of May 13, 1954, (33 

22 U.S.C. 984) or the Coast Guard pursuant to 

23 section 81 of title 14, or lawfully maintained by 

24 the Coast Guard pursuant to section 83 of title 
22

•HR 2376 IH 

1 14, if such act endangers or is likely to endan2 ger the safe navigation of a ship;’’; and 

3 (C) in subparagraph (I), as so redesig4 nated, by striking ‘‘through (G)’’ and inserting 

5 ‘‘through (H)’’; and 

6 (2) in paragraph (2), by striking ‘‘(C) or (E)’’ 

7 and inserting ‘‘(C), (E), or (F)’’. 

8 SEC. 107. CRIMINAL SANCTIONS FOR MALICIOUS DUMPING. 

9 (a) IN GENERAL.—Chapter 111 of title 18, United 

10 States Code, is amended by adding at the end the fol11 lowing: 

12 ‘‘§ 2282. Knowing discharge or release 

13 ‘‘(a) ENDANGERMENT OF HUMAN LIFE.—Any per14 son who knowingly discharges or releases oil, a hazardous 

15 material, a noxious liquid substance, or any other sub16 stance into the navigable waters of the United States or 

17 the adjoining shoreline with the intent to endanger human 

18 life, health, or welfare— 

19 ‘‘(1) shall be fined in accordance with this title 

20 and imprisoned for any term of years or for life; and 

21 ‘‘(2) if the death of any person results from 

22 conduct prohibited under this section, may be pun23 ished by death. 

24 ‘‘(b) ENDANGERMENT OF MARINE ENVIRONMENT.—

25 Any person who knowingly discharges or releases oil, a 
23

•HR 2376 IH 

1 hazardous material, a noxious liquid substance, or any 

2 other substance into the navigable waters of the United 

3 States or the adjacent shoreline with the intent to endan4 ger the marine environment shall be fined in accordance 

5 with this title or imprisoned not more than 30 years, or 

6 both. 

7 ‘‘(c) DEFINITIONS.—For purposes of this section—

8 ‘‘(1) the term ‘discharge’ means any spilling, 

9 leaking, pumping, pouring, emitting, emptying, or 

10 dumping; 

11 ‘‘(2) the term ‘hazardous material’ has the 

12 same meaning given such term in section 2101(14) 

13 of title 46; 

14 ‘‘(3) the term ‘marine environment’ has the 

15 same meaning given such term in section 2101(15) 

16 of title 46; 

17 ‘‘(4) the term ‘navigable waters’ has the same 

18 meaning given such term in section 502(7) of the 

19 Federal Water Pollution Control Act (33 U.S.C. 

20 1362(7)), and also includes the territorial sea of the 

21 United States as described in Presidential Proclama22 tion 5928 of December 27, 1988; and 

23 ‘‘(5) the term ‘noxious liquid substance’ has the 

24 same meaning given such term in the MARPOL 

25 Protocol as defined in section 2(a)(3) of the Act to 
24

•HR 2376 IH 

1 Prevent Pollution from Ships (33 U.S.C. 

2 1901(a)(3)).’’. 

3 (b) TECHNICAL AND CONFORMING AMENDMENT.—

4 The table of sections for chapter 111 of title 18, United 

5 States Code, is amended by adding at the end the fol6 lowing:

‘‘2282. Knowing discharge or release.’’.

7 SEC. 108. ATTORNEY GENERAL TO COORDINATE PORT-RE8 LATED CRIME DATA COLLECTION. 

9 (a) REGULATIONS.—The Attorney General shall 

10 issue regulations to—

11 (1) require the reporting by a carrier that is the 

12 victim of a cargo theft offense to the Attorney Gen13 eral of information on the cargo theft offense (in14 cluding offenses occurring outside ports of entry and 

15 ports of shipment origination) that identifies the 

16 port of entry, the port where the shipment origi17 nated, where the theft occurred, and any other infor18 mation specified by the Attorney General; 

19 (2) create a database to contain the reports de20 scribed in paragraph (1) and integrate those reports, 

21 to the extent feasible, with other noncriminal justice 

22 and intelligence data, such as insurer bill of lading, 

23 cargo contents and value, point of origin, and lien 

24 holder filings; and
25

•HR 2376 IH 

1 (3) prescribe procedures for access to the data2 base created in accordance with paragraph (2) by 

3 appropriate Federal, State, and local governmental 

4 agencies and private companies or organizations, 

5 while limiting access to privacy of the information in 

6 accordance with other applicable Federal laws. 

7 (b) MODIFICATION OF DATABASES.—

8 (1) IN GENERAL.—United States Government 

9 agencies with significant regulatory or law enforce10 ment responsibilities at United States ports shall, to 

11 the extent feasible, modify their information data12 bases to ensure the collection and retrievability of 

13 data relating to crime, terrorism, and related activi14 ties at, or affecting, United States ports. 

15 (2) DESIGNATION OF AGENCIES.—The Attorney 

16 General, after consultation with the Secretary of 

17 Homeland Security, shall designate the agencies re18 ferred to in paragraph (1). 

19 (c) OUTREACH PROGRAM.—The Attorney General, in 

20 consultation with the Secretary of Homeland Security, the 

21 National Maritime Security Advisory Committee estab22 lished under section 70112 of title 46, United States Code, 

23 and the appropriate Federal and State agencies, shall es24 tablish an outreach program—
26

•HR 2376 IH 

1 (1) to work with State and local law enforce2 ment officials to harmonize the reporting of data on 

3 cargo theft among States and localities with the 

4 United States Government’s reports; and 

5 (2) to work with local port security committees 

6 to disseminate cargo theft information to appro7 priate law enforcement officials. 

8 (d) ANNUAL REPORT.—The Attorney General shall 

9 report annually to the Committee on the Judiciary of the 

10 Senate and the House of Representatives on the imple11 mentation of this section. 

12 (e) INTERSTATE OR FOREIGN SHIPMENTS BY CAR13 RIER; STATE PROSECUTIONS.—

14 (1) STATE PROSECUTIONS.—Section 659 of 

15 title 18, United States Code, is amended—

16 (A) in the first undesignated paragraph—

17 (i) by striking ‘‘Whoever embezzles’’ 

18 and inserting the following: 

19 ‘‘(a) OFFENSE; PENALTY.—Whoever—

20 ‘‘(1) embezzles’’; 

21 (ii) by striking ‘‘from any pipeline sys22 tem’’ and all that follows through ‘‘with in23 tent to convert to his own use’’; and 

24 (iii) by striking ‘‘or’’ at the end; 
27

•HR 2376 IH 

1 (B) in the second undesignated para2 graph—

3 (i) by striking ‘‘Whoever buys’’ and 

4 inserting the following: 

5 ‘‘(2) buys’’; and 

6 (ii) by striking ‘‘or’’ at the end; 

7 (C) in the third undesignated paragraph—

8 (i) by striking ‘‘Whoever embezzles’’ 

9 and inserting the following’’

10 ‘‘(3) embezzles’’; and 

11 (ii) by striking ‘‘with intent to convert 

12 to his own use’’; 

13 (D) in the fourth undesignated paragraph, 

14 by striking ‘‘Whoever embezzles’’ and inserting 

15 the following: 

16 ‘‘(4) embezzles’’; 

17 (E) in the fifth undesignated paragraph, 

18 by striking ‘‘Shall in each case’’ and inserting 

19 the following: 

20 ‘‘shall in each case’’; 

21 (F) in the sixth undesignated paragraph, 

22 by striking ‘‘The’’ and inserting the following: 

23 ‘‘(b) LOCATION OF OFFENSE.—The’’; 
28

•HR 2376 IH 

1 (G) in the seventh undesignated para2 graph, by striking ‘‘The’’ and inserting the fol3 lowing’’

4 ‘‘(c) SEPARATE OFFENSE.—The’’; 

5 (H) in the eighth undesignated paragraph, 

6 by striking ‘‘To’’ and inserting the following: 

7 ‘‘(d) PRIMA FACIE EVIDENCE.—To’’; 

8 (I) in the ninth undesignated paragraph, 

9 by striking ‘‘A’’ and inserting the following: 

10 ‘‘(e) PROSECUTION.—A’’; and 

11 (J) by adding at the end the following: 

12 ‘‘(f) CIVIL PENALTY.—

13 ‘‘(1) IN GENERAL.—Notwithstanding any other 

14 provision of law, and in addition to any penalties 

15 that may be available under any other provision of 

16 law, a person who is found by the Secretary of 

17 Homeland Security, after notice and an opportunity 

18 for a hearing, to have violated this section or a regu19 lation issued under this section shall be liable to the 

20 United States for a civil penalty not to exceed 

21 $25,000 for each violation. 

22 ‘‘(2) SEPARATE VIOLATIONS.—Each day of a 

23 continuing violation shall constitute a separate viola24 tion. 

25 ‘‘(3) AMOUNT OF PENALTY.—
29

•HR 2376 IH 

1 ‘‘(A) IN GENERAL.—The amount of a civil 

2 penalty for a violation of this section or a regu3 lation issued under this section shall be as4 sessed by the Attorney General, or the designee 

5 of the Attorney General, by written notice. 

6 ‘‘(B) CONSIDERATIONS.—In determining 

7 the amount of a civil penalty under this para8 graph, the Attorney General shall take into ac9 count—

10 ‘‘(i) the nature, circumstances, extent, 

11 and gravity of the prohibited act com12 mitted; and 

13 ‘‘(ii) with respect to the violator, the 

14 degree of culpability, any history of prior 

15 offenses, ability to pay, and such other 

16 matters as justice may require. 

17 ‘‘(4) MODIFICATION OF PENALTY.—The Sec18 retary of Homeland Security may compromise, mod19 ify, or remit, with or without conditions, any civil 

20 penalty that is subject to imposition or which has 

21 been imposed under this section. 

22 ‘‘(5) FAILURE TO PAY.—If a person fails to pay 

23 an assessment of a civil penalty after it has become 

24 final, the Secretary of Homeland Security may refer
30

•HR 2376 IH 

1 the matter to the Attorney General for collection in 

2 an appropriate district court of the United States. 

3 ‘‘(g) DEFINITION.—For purposes of this section, the 

4 term ‘goods or chattels’ means to be moving as an inter5 state or foreign shipment at all points between the point 

6 of origin and the final destination (as evidenced by the 

7 waybill or other shipping document of the shipment) re8 gardless of any temporary stop while awaiting trans9 shipment or otherwise.’’. 

10 (2) FEDERAL SENTENCING GUIDELINES.—Pur11 suant to section 994 of title 28, United States Code, 

12 the United States Sentencing Commission shall re13 view the Federal Sentencing Guidelines to determine 

14 whether sentencing enhancement is appropriate for 

15 any offense under section 659 of title 18, United 

16 States Code, as amended by this subsection. 

17 (3) ANNUAL REPORT.—The Attorney General 

18 shall annually submit to Congress a report that shall 

19 include an evaluation of law enforcement activities 

20 relating to the investigation and prosecution of of21 fenses under section 659 of title 18, United States 

22 Code.
31

•HR 2376 IH 

1 TITLE II—PROTECTING UNITED 

2 STATES PORTS AGAINST TER3 RORISM AND CRIME 

4 Subtitle A—General Provision 

5 SEC. 201. DEFINITIONS. 

6 In this title: 

7 (1) AIRCRAFT.—The term ‘‘aircraft’’ has the 

8 meaning given that term in section 40102 of title 

9 49, United States Code. 

10 (2) CAPTAIN-OF-THE-PORT.—The term ‘‘Cap11 tain-of-the-Port’’, with respect to a United States 

12 seaport, means the individual designated by the 

13 Commandant of the Coast Guard as the Captain-of14 the-Port at that seaport. 

15 (3) COMMON CARRIER.—The term ‘‘common 

16 carrier’’ means any person that holds itself out to 

17 the general public as a provider for hire of a trans18 portation by water, land, or air of merchandise, 

19 whether or not the person actually operates the ves20 sel, vehicle, or aircraft by which the transportation 

21 is provided, between a port or place and a port or 

22 place in the United States.

23 (4) CONTAINER.—The term ‘‘container’’ means 

24 a container that is used or designed for use for the 
32

•HR 2376 IH 

1 international transportation of merchandise by ves2 sel, vehicle, or aircraft. 

3 (5) DIRECTORATE.—The term ‘‘Directorate’’ 

4 means the Border and Transportation Security Di5 rectorate of the Department of Homeland Security. 

6 (6) MANUFACTURER.—The term ‘‘manufac7 turer’’ means a person who fabricates or assembles 

8 merchandise for sale in commerce. 

9 (7) MERCHANDISE.—The term ‘‘merchandise’’ 

10 has the meaning given that term in section 401 of 

11 the Tariff Act of 1930 (19 U.S.C. 1401). 

12 (8) OCEAN TRANSPORTATION INTERMEDIARY.—

13 The term ‘‘ocean transportation intermediary’’ has 

14 the meaning given that term in section 515.2 of title 

15 46, Code of Federal Regulations (as in effect on 

16 January 1, 2003). 

17 (9) SHIPMENT.—The term ‘‘shipment’’ means 

18 cargo traveling in international commerce under a 

19 bill of lading. 

20 (10) SHIPPER.—The term ‘‘shipper’’ means—

21 (A) a cargo owner; 

22 (B) the person for whose account ocean 

23 transportation is provided; 

24 (C) the person to whom delivery of mer25 chandise is to be made; or 
33

•HR 2376 IH 

1 (D) a common carrier that accepts respon2 sibility for payment of all charges applicable 

3 under a tariff or service contract. 

4 (11) UNITED STATES SEAPORT.—The term 

5 ‘‘United States seaport’’ means a place in the 

6 United States on a waterway with shoreside facilities 

7 for the intermodal transfer of cargo containers that 

8 are used in international trade. 

9 (12) VEHICLE.—The term ‘‘vehicle’’ has the 

10 meaning given that term in section 401 of the Tariff 

11 Act of 1930 (19 U.S.C. 1401). 

12 (13) VESSEL.—The term ‘‘vessel’’ has the 

13 meaning given that term in section 401 of the Tariff 

14 Act of 1930 (19 U.S.C. 1401). 

15 Subtitle B—Security Authority 

16 SEC. 211. DESIGNATED SECURITY AUTHORITY. 

17 The Captain-of-the-Port of each United States sea18 port shall be the primary authority responsible for security 

19 at the United States seaport and shall—

20 (1) coordinate security at such seaport; and 

21 (2) be the point of contact on seaport security 

22 issues for civilian and commercial port entities at 

23 such seaport. 
34

•HR 2376 IH 

1 Subtitle C—Securing the Supply 

2 Chain 

3 SEC. 221. MANIFEST REQUIREMENTS. 

4 Section 431(b) of the Tariff Act of 1930 (19 U.S.C. 

5 1431(b)) is amended—

6 (1) by striking ‘‘Any manifest’’ and inserting 

7 the following: 

8 ‘‘(1) IN GENERAL.—Any manifest’’; and 

9 (2) by adding at the end the following new 

10 paragraph: 

11 ‘‘(2) REQUIRED INFORMATION.—

12 ‘‘(A) REQUIREMENT.—In addition to any 

13 other requirement under this section, the pilot, 

14 master, operator, or owner (or the authorized 

15 agent of such operator or owner) of every vessel 

16 required to make entry or obtain clearance 

17 under the laws of the United States shall trans18 mit electronically the cargo manifest informa19 tion described in subparagraph (B) in such 

20 manner and form as the Secretary shall pre21 scribe. The Secretary shall ensure the electronic 

22 information is maintained securely, and is avail23 able only to individuals with Federal Govern24 ment security responsibilities.
35

•HR 2376 IH 

1 ‘‘(B) CONTENT.—The cargo manifest re2 quired by subparagraph (A) shall consist of the 

3 following information: 

4 ‘‘(i) The port of arrival and departure. 

5 ‘‘(ii) The carrier code assigned to the 

6 shipper. 

7 ‘‘(iii) The flight, voyage, or trip num8 ber. 

9 ‘‘(iv) The dates of scheduled arrival 

10 and departure. 

11 ‘‘(v) A request for a permit to proceed 

12 to the destination, if such permit is re13 quired. 

14 ‘‘(vi) The numbers and quantities 

15 from the carrier’s master airway bill, bills 

16 of lading, or ocean bills of lading. 

17 ‘‘(vii) The first port of lading of the 

18 cargo and the city in which the carrier 

19 took receipt of the cargo. 

20 ‘‘(viii) A description and weight of the 

21 cargo (including the Harmonized Tariff 

22 Schedule of the United States number 

23 under which the cargo is classified) or, for 

24 a sealed container, the shipper’s declared 

25 description and weight of the cargo. 
36

•HR 2376 IH 

1 ‘‘(ix) The shipper’s name and address, 

2 or an identification number, from all air3 way bills and bills of lading. 

4 ‘‘(x) The consignee’s name and ad5 dress, or an identification number, from all 

6 airway bills and bills of lading. 

7 ‘‘(xi) Notice of any discrepancy be8 tween actual boarded quantities and air9 way bill or bill of lading quantities, except 

10 that a carrier is not required by this clause 

11 to verify boarded quantities of cargo in 

12 sealed containers. 

13 ‘‘(xii) Transfer or transit information 

14 for the cargo while it has been under the 

15 control of the carrier. 

16 ‘‘(xiii) The location of the warehouse 

17 or other facility where the cargo was stored 

18 while under the control of the carrier. 

19 ‘‘(xiv) The name and address, or iden20 tification number of the carrier’s customer 

21 including the forwarder, nonvessel oper22 ating common carrier, and consolidator. 

23 ‘‘(xv) The conveyance name, national 

24 flag, and tail number, vessel number, or 

25 train number. 
37

•HR 2376 IH 

1 ‘‘(xvi) The country of origin and ulti2 mate destination. 

3 ‘‘(xvii) The carrier’s reference num4 ber, including the booking or bill number. 

5 ‘‘(xviii) The shipper’s commercial in6 voice number and purchase order number. 

7 ‘‘(xix) Information regarding any haz8 ardous material contained in the cargo. 

9 ‘‘(xx) License information including 

10 the license code, license number, or exemp11 tion code. 

12 ‘‘(xxi) The container number for con13 tainerized shipments. 

14 ‘‘(xxii) Certification of the empty con15 dition of any empty containers. 

16 ‘‘(xxiii) Any additional information 

17 that the Secretary, in consultation with the 

18 Secretary of Homeland Security, by regula19 tion determines is reasonably necessary to 

20 ensure aviation, maritime, and surface 

21 transportation safety pursuant to the laws 

22 enforced and administered by the Sec23 retary or the Under Secretary for Border 

24 and Transportation Security of the De25 partment of Homeland Security.’’.
38

•HR 2376 IH 

1 SEC. 222. PENALTIES FOR INACCURATE MANIFEST. 

2 (a) FALSITY OR LACK OF MANIFEST.—Section 584 

3 of the Tariff Act of 1930 (19 U.S.C. 1584) is amended—

4 (1) in subsection (a)(1)—

5 (A) by striking ‘‘$1,000’’ each place it ap6 pears and inserting ‘‘$50,000’’; and 

7 (B) by striking ‘‘$10,000’’ and inserting 

8 ‘‘$50,000’’; and 

9 (2) by adding at the end the following new sub10 section: 

11 ‘‘(c) CRIMINAL PENALTIES.—Any person who ships 

12 or prepares for shipment any merchandise bound for the 

13 United States who intentionally provides inaccurate or 

14 false information, whether inside or outside the United 

15 States, with respect to such merchandise for the purpose 

16 of introducing such merchandise into the United States 

17 in violation of the laws of the United States, shall be lia18 ble, upon conviction of a violation of this subsection, for 

19 a fine of not more than $50,000 or imprisonment for 1 

20 year, or both; except that if the importation of such mer21 chandise into the United States is prohibited, such person 

22 shall be liable for an additional fine of not more than 

23 $50,000 or imprisonment for not more than 5 years, or 

24 both.’’. 

25 (b) PENALTIES FOR VIOLATIONS OF THE ARRIVAL, 

26 REPORTING, ENTRY, AND CLEARANCE REQUIREMENTS.—
39

•HR 2376 IH 

1 Subsections (b) and (c) of section 436 of Tariff Act of 

2 1930 (19 U.S.C. 1436) are amended to read as follows: 

3 ‘‘(b) CIVIL PENALTY.—Any master, person in charge 

4 of a vessel, vehicle, or aircraft pilot who commits any viola5 tion listed in subsection (a) shall be liable for a civil pen6 alty of $25,000 for the first violation, and $50,000 for 

7 each subsequent violation, and any conveyance used in 

8 connection with any such violation is subject to seizure 

9 and forfeiture. 

10 ‘‘(c) CRIMINAL PENALTY.—In addition to being liable 

11 for a civil penalty under subsection (b), any master, per12 son in charge of a vessel, vehicle, or aircraft pilot who in13 tentionally commits or causes another to commit any vio14 lation listed in subsection (a) shall be liable, upon convic15 tion, for a fine of not more than $50,000 or imprisonment 

16 for 1 year, or both; except that if the conveyance has, or 

17 is discovered to have had, on board any merchandise 

18 (other than sea stores or the equivalent for conveyances 

19 other than vessels) the importation of which into the 

20 United States is prohibited, such individual shall be liable 

21 for an additional fine of not more than $50,000 or impris22 onment for not more than 5 years, or both.’’. 

23 SEC. 223. SHIPMENT PROFILING PLAN. 

24 (a) IN GENERAL.—The Secretary of Homeland Secu25 rity shall develop a shipment profiling plan to track con-
40

•HR 2376 IH 

1 tainers and shipments of merchandise to be imported into 

2 the United States. The tracking system shall be designed 

3 to identify any shipment that is a threat to the security 

4 of the United States before such shipment enters the 

5 United States. 

6 (b) INFORMATION REQUIREMENTS.—

7 (1) CONTENT.—The shipment profiling plan re8 quired by subsection (a) shall at a minimum—

9 (A) require common carriers, shippers, and 

10 ocean transportation intermediaries to provide 

11 appropriate information regarding each ship12 ment of merchandise, including the information 

13 required under section 431(b) of the Tariff Act 

14 of 1930 (19 U.S.C. 1431(b)) to the Secretary 

15 of Homeland Security; and 

16 (B) require shippers to use a standard 

17 international bill of lading for each shipment 

18 that includes—

19 (i) the weight of the cargo; 

20 (ii) the value of the cargo; 

21 (iii) the vessel name; 

22 (iv) the voyage number; 

23 (v) a description of each container; 

24 (vi) a description of the nature, type, 

25 and contents of the shipment; 
41

•HR 2376 IH 

1 (vii) the code number from the Har2 monized Tariff Schedule; 

3 (viii) the port of destination; 

4 (ix) the final destination of the cargo; 

5 (x) the means of conveyance of the 

6 cargo; 

7 (xi) the origin of the cargo; 

8 (xii) the name of the precarriage de9 liverer or agent; 

10 (xiii) the port at which the cargo was 

11 loaded; 

12 (xiv) the name of the formatting 

13 agent; 

14 (xv) the bill of lading number; 

15 (xvi) the name of the shipper; 

16 (xvii) the name of the consignee; 

17 (xviii) the universal transaction num18 ber or carrier code assigned to the shipper 

19 by the Secretary; 

20 (xix) the information contained in the 

21 continuous synopsis record for the vessel 

22 transporting the shipment; and 

23 (xx) any additional information that 

24 the Secretary by regulation determines is 
42

•HR 2376 IH 

1 reasonably necessary to ensure seaport 

2 safety. 

3 (2) CONTINUOUS SYNOPSIS RECORD DE4 FINED.—In this subsection, the term ‘‘continuous 

5 synopsis record’’ means the continuous synopsis 

6 record required by regulation 5 of chapter XI–1 of 

7 the Annex to the International Convention of the 

8 Safety of Life at Sea, 1974. 

9 (3) EFFECTIVE DATE.—The requirement im10 posed under clause (xix) of paragraph (1)(B) shall 

11 take effect on July 1, 2004. 

12 (c) CREATION OF PROFILE.—The Secretary of 

13 Homeland Security shall combine the information de14 scribed in subsection (b) with other law enforcement and 

15 national security information that the Secretary deter16 mines useful to assist in locating containers and shipments 

17 that could pose a threat to the security of the United 

18 States and to create a profile of every container and every 

19 shipment within the container that will enter the United 

20 States. 

21 (d) CARGO SCREENING.—

22 (1) IN GENERAL.—Officers of the Directorate 

23 shall review the profile of a shipment that a shipper 

24 desires to transport into the United States to deter25 mine whether the shipment or the container in which
43

•HR 2376 IH 

1 it is carried should be subjected to additional inspec2 tion by the Directorate. In making such a deter3 mination, an officer shall consider, in addition to 

4 any other relevant factors—

5 (A) whether the shipper has regularly 

6 shipped cargo to the United States in the past; 

7 and 

8 (B) the specificity of the description of the 

9 shipment’s contents. 

10 (2) NOTIFICATION.—The Secretary of Home11 land Security shall transmit to the shipper and the 

12 person in charge of the vessel, aircraft, or vehicle on 

13 which a shipment is located a notification of whether 

14 the shipment is to be subjected to additional inspec15 tion as described in paragraph (1). 

16 (e) CONSISTENCY WITH THE NATIONAL CUSTOMS

17 AUTOMATION PROGRAM.—The Secretary of Homeland Se18 curity, in consultation with the Secretary of the Treasury, 

19 shall ensure that the National Customs Automation Pro20 gram established pursuant to section 411 of the Tariff Act 

21 of 1930 (19 U.S.C. 1411) is compatible with the shipment 

22 profile plan developed under this section.
44

•HR 2376 IH 

1 SEC. 224. INSPECTION OF MERCHANDISE AT FOREIGN FA2 CILITIES. 

3 Not later than 180 days after the date of enactment 

4 of this Act, the Secretary of Homeland Security shall sub5 mit to Congress a plan to—

6 (1) station inspectors from the Directorate, 

7 other Federal agencies, or the private sector at the 

8 foreign facilities of manufacturers or common car9 riers to profile and inspect merchandise and the con10 tainers or other means by which such merchandise 

11 is transported as they are prepared for shipment on 

12 a vessel that will arrive at any port or place in the 

13 United States; 

14 (2) develop procedures to ensure the security of 

15 merchandise inspected as described in paragraph (1) 

16 until it reaches the United States; and 

17 (3) permit merchandise inspected as described 

18 in paragraph (1) to receive expedited inspection 

19 upon arrival in the United States. 

20 Subtitle D—Security of Seaports 

21 and Containers 

22 SEC. 231. SEAPORT SECURITY REQUIREMENTS. 

23 (a) REQUIREMENT.—Not later than 180 days after 

24 the date of enactment of this Act, the Secretary of Home25 land Security shall issue final regulations setting forth 

26 minimum security requirements, including security per-
45

•HR 2376 IH 

1 formance standards for United States seaports. The regu2 lations shall—

3 (1) limit private vehicle access to the terminal 

4 area of a United States seaport to vehicles that are 

5 registered at such seaport and display a seaport reg6 istration pass; 

7 (2) prohibit individuals, other than law enforce8 ment officers, from carrying firearms or explosives 

9 inside a United States seaport without written au10 thorization from the Captain-of-the-Port; 

11 (3) prohibit individuals from physically access12 ing the terminal area of a United States seaport 

13 without a seaport specific access pass; 

14 (4) require that officers of the Directorate, and 

15 other appropriate law enforcement officers, at 

16 United States seaports be provided with, and utilize, 

17 personal radiation detection pagers to increase the 

18 ability of such officers to accurately detect radio19 active materials that could be used to commit ter20 rorist acts in the United States; 

21 (5) require that the terminal area of each 

22 United States seaport be equipped with—

23 (A) a secure perimeter; 

24 (B) monitored or locked access points; and 

25 (C) sufficient lighting; and 
46

•HR 2376 IH 

1 (6) include any additional security requirement 

2 that the Secretary determines is reasonably nec3 essary to ensure seaport security. 

4 (b) LIMITATION.—Except as provided in subsection 

5 (c), any United States seaport that does not meet the min6 imum security requirements described in subsection (a) is 

7 prohibited from—

8 (1) handling, storing, stowing, loading, dis9 charging, or transporting dangerous cargo; and 

10 (2) transferring passengers to or from a pas11 senger vessel that—

12 (A) weighs more than 100 gross tons; 

13 (B) carries more than 12 passengers for 

14 hire; and 

15 (C) has a planned voyage of more than 24 

16 hours, part of which is on the high seas. 

17 (c) EXCEPTION.—The Secretary of Homeland Secu18 rity may waive 1 or more of the minimum requirements 

19 described in subsection (a) for a United States seaport if 

20 the Secretary determines that it is not appropriate for 

21 such seaport to implement the requirement. 

22 SEC. 232. SEAPORT SECURITY CARDS. 

23 Section 70105 of title 46, United States Code, is 

24 amended—
47

•HR 2376 IH 

1 (1) by striking subsection (a) and inserting the 

2 following: 

3 ‘‘(a) PROHIBITION.—(1) Unless the requirements of 

4 paragraph (2) are met, the Secretary shall prescribe regu5 lations to prohibit—

6 ‘‘(A) an individual from entering an area of a 

7 vessel or facility that is designated as a secure area 

8 by the Secretary for purposes of a security plan for 

9 the vessel or facility that is approved by the Sec10 retary under section 70103 of this title; and 

11 ‘‘(B) an individual who is regularly employed at 

12 a United States seaport or who is employed by a 

13 common carrier that transports merchandise to or 

14 from a United States seaport from entering a 

15 United States seaport. 

16 ‘‘(2) The prohibition imposed under paragraph (1) 

17 may not apply to—

18 ‘‘(A) an individual who—

19 ‘‘(i) holds a transportation security card 

20 issued under this section; and 

21 ‘‘(ii) is authorized to be in area in accord22 ance with the plan if the individual is attempt23 ing to enter an area of a vessel or facility that 

24 is designated as a secure area by the Secretary 

25 for purposes of a security plan for the vessel or
48

•HR 2376 IH 

1 facility approved by the Secretary under section 

2 70103 of this title; or 

3 ‘‘(B) an individual who is accompanied by an4 other individual who may access the secure area or 

5 United States seaport in accordance with this sec6 tion. 

7 ‘‘(3) A person may not admit an individual into a 

8 United States seaport or a secure area unless the indi9 vidual is in compliance with this subsection.’’; 

10 (2) in paragraph (2) of subsection (b)—

11 (A) in subparagraph (E), by striking 

12 ‘‘and’’; 

13 (B) by redesignating subparagraph (F) as 

14 subparagraph (G); and 

15 (C) by inserting after subparagraph (E) 

16 the following new subparagraph: 

17 ‘‘(F) an individual who is regularly employed at 

18 a United States seaport or who is employed by a 

19 common carrier that transports merchandise to or 

20 from a United States seaport; and’’; 

21 (3) in paragraph (1) of subsection (c)—

22 (A) in subparagraph (C), by striking ‘‘or’’; 

23 (B) in subparagraph (D), by striking the 

24 period at the end and inserting a semicolon and 

25 ‘‘or’’; and
49

•HR 2376 IH 

1 (C) at the end, by inserting the following 

2 new subparagraph: 

3 ‘‘(E) has not provided sufficient information to 

4 allow the Secretary to make the determinations de5 scribed in subparagraph (A), (B), (C), or (D).’’; 

6 (4) by striking subsection (f); and 

7 (5) by inserting after subsection (e) the fol8 lowing new subsections: 

9 ‘‘(f) DATA ON CARDS.—A transportation security 

10 card issued under this section shall—

11 ‘‘(1) be tamper resistant; and 

12 ‘‘(2) contain—

13 ‘‘(A) the number of the individual’s com14 mercial driver’s license issued under chapter 

15 313 of title 49, if any; 

16 ‘‘(B) the State-issued vehicle registration 

17 number of any vehicle that the individual de18 sires to bring into the United States seaport, if 

19 any; 

20 ‘‘(C) the work permit number issued to the 

21 individual, if any; 

22 ‘‘(D) a unique biometric identifier to iden23 tify the license holder; and 

24 ‘‘(E) a safety rating assigned to the indi25 vidual by the Secretary of Homeland Security. 
50

•HR 2376 IH 

1 ‘‘(g) DEFINITIONS.—In this section: 

2 ‘‘(1) ALIEN.—The term ‘alien’ has the meaning 

3 given the term in section 101(a)(3) of the Immigra4 tion and Nationality Act (8 U.S.C. 1101(a)(3)). 

5 ‘‘(2) UNITED STATES SEAPORT.—The term 

6 ‘United States seaport’ means a place in the United 

7 States on a waterway with shoreside facilities for the 

8 intermodal transfer of cargo containers that are 

9 used in international trade.’’. 

10 SEC. 233. SECURING SENSITIVE INFORMATION. 

11 (a) REQUIREMENT.—Not later than 90 days after the 

12 date of enactment of this Act, the Captain-of-the-Port of 

13 each United States seaport shall secure and protect all 

14 sensitive information, including information that is cur15 rently available to the public, related to the seaport. 

16 (b) SENSITIVE INFORMATION.—In this section, the 

17 term ‘‘sensitive information’’ means—

18 (1) maps of the seaport; 

19 (2) blueprints of structures located within the 

20 seaport; and 

21 (3) any other information related to the secu22 rity of the seaport that the Captain-of-the-Port de23 termines is appropriate to secure and protect. 

24 SEC. 234. CONTAINER SECURITY. 

25 (a) CONTAINER SEALS.—
51

•HR 2376 IH 

1 (1) APPROVAL.—Not later than 90 days after 

2 the date of enactment of this Act, the Secretary of 

3 Homeland Security shall approve minimum stand4 ards for high security container seals that—

5 (A) meet or exceed the American Society 

6 for Testing Materials Level D seals; 

7 (B) permit each seal to have a unique 

8 identification number; and 

9 (C) contain an electronic tag that can be 

10 read electronically at a seaport. 

11 (2) REQUIREMENT FOR USE.—Within 180 days 

12 after the date of enactment of this Act, the Sec13 retary of Homeland Security shall deny entry of a 

14 vessel into the United States if the containers car15 ried by the vessel are not sealed with a high security 

16 container seal approved under paragraph (1). 

17 (b) IDENTIFICATION NUMBER.—

18 (1) REQUIREMENT.—A shipment that is 

19 shipped to or from the United States either directly 

20 or via a foreign port shall have a designated uni21 versal transaction number. 

22 (2) TRACKING.—The person responsible for the 

23 security of a container shall record the universal 

24 transaction number assigned to the shipment under 

25 paragraph (1), as well as any seal identification 
52

•HR 2376 IH 

1 number on the container, at every port of entry and 

2 point at which the container is transferred from one 

3 conveyance to another conveyance. 

4 (c) PILOT PROGRAM.—

5 (1) GRANTS.—The Secretary of Homeland Se6 curity is authorized to award grants to eligible enti7 ties to develop an improved seal for cargo containers 

8 that—

9 (A) permit the immediate detection of tam10 pering with the seal; 

11 (B) permit the immediate detection of tam12 pering with the walls, ceiling, or floor of a con13 tainer that indicates a person is attempting to 

14 improperly access the container; and 

15 (C) transmit information regarding tam16 pering with the seal, walls, ceiling, or floor of 

17 the container in real time to the appropriate au18 thorities at a remote location. 

19 (2) APPLICATION.—Each eligible entity seeking 

20 a grant under this subsection shall submit an appli21 cation to the Secretary at such time, in such man22 ner, and accompanied by such information as the 

23 Secretary may reasonably require. 

24 (3) ELIGIBLE ENTITY.—In this subsection, the 

25 term ‘‘eligible entity’’ means any national laboratory,
53

•HR 2376 IH 

1 nonprofit private organization, institution of higher 

2 education, or other entity that the Secretary deter3 mines is eligible to receive a grant authorized by 

4 paragraph (1). 

5 (d) EMPTY CONTAINERS.—

6 (1) CERTIFICATION.—The Secretary of Home7 land Security shall prescribe in regulations require8 ments for certification of empty containers that are 

9 to be shipped to or from the United States either di10 rectly or via a foreign port. Such regulations shall 

11 require that an empty container— 

12 (A) be inspected and certified as empty 

13 prior to being loaded onto a vessel for transpor14 tation to a United States seaport; and 

15 (B) be sealed with a high security con16 tainer seal approved under subsection (a)(1) to 

17 enhance the security of United States seaports. 

18 SEC. 235. OFFICE AND INSPECTION FACILITIES. 

19 (a) OPERATIONAL SPACE IN SEAPORTS.—Each enti20 ty that owns or operates a United States seaport that re21 ceives cargo from a foreign country, whether govern22 mental, quasi-governmental, or private, shall provide to 

23 the Directorate permanent office and inspection space 

24 within the seaport that is sufficient for the Directorate 
54

•HR 2376 IH 

1 officers at the seaport to carry out their responsibilities. 

2 Such office and inspection space—

3 (1) shall be provided at no cost to the Direc4 torate; and 

5 (2) may be located outside the terminal area of 

6 the seaport. 

7 (b) INSPECTION TECHNOLOGY.—The Secretary of 

8 Homeland Security shall maintain permanent inspection 

9 facilities that utilize available inspection technology in the 

10 space provided at each seaport pursuant to subsection (a). 

11 SEC. 236. SECURITY GRANTS TO SEAPORTS. 

12 (a) CRITERIA FOR AWARDING GRANTS.—Notwith13 standing any other provision of law, the Secretary of 

14 Homeland Security shall use the proportion of the contain15 erized imports that are received at a United States seaport 

16 as a factor to be considered when determining whether to 

17 select that seaport for award of a competitive grant for 

18 security. 

19 (b) DEFINITIONS.—In this section: 

20 (1) CONTAINERIZED IMPORTS.—The term ‘‘con21 tainerized imports’’ means the number of twenty22 foot equivalent units of containerized imports that 

23 enter the United States annually through a United 

24 States seaport as estimated by the Bureau of Trans-
55

•HR 2376 IH 

1 portation Statistics of the Department of Transpor2 tation. 

3 (2) COMPETITIVE GRANT FOR SECURITY.—The 

4 term ‘‘competitive grant for security’’ means a grant 

5 of Federal financial assistance that the Secretary of 

6 Homeland Security is authorized to award to a 

7 United States seaport for the purpose of enhancing 

8 security at the seaport, including a grant of funds 

9 appropriated under the heading ‘‘Maritime and 

10 Land Security’’ in title I of division I of the Consoli11 dated Appropriations Resolution, 2003 (Public Law 

12 108–7). 

13 TITLE III—AUTHORIZATION 

14 SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 

15 There are authorized to be appropriated to the Attor16 ney General and the Secretary of Homeland Security such 

17 sums as are necessary to carry out this Act. Sums author18 ized to be appropriated under this section are authorized 

19 to remain available until expended.

Æ