I 

109TH CONGRESS 

1ST SESSION H. R. 2651

To reduce crime and terrorism at America’s seaports, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 26, 2005

Mr. SCHIFF (for himself and Mr. COBLE) introduced the following bill; which 

was referred to the Committee on the Judiciary 

A BILL

To reduce crime and terrorism at America’s seaports, and 

for other purposes.

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. 

4 This Act may be cited as the ‘‘Reducing Crime and 

5 Terrorism at America’s Seaports Act of 2005’’. 

6 SEC. 2. ENTRY BY FALSE PRETENSES TO ANY SEAPORT. 

7 (a) IN GENERAL.—Section 1036 of title 18, United 

8 States Code, is amended—

9 (1) in subsection (a)—

10 (A) in paragraph (2), by striking ‘‘or’’ at 

11 the end; 
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1 (B) by redesignating paragraph (3) as 

2 paragraph (4); and 

3 (C) by inserting after paragraph (2) the 

4 following: 

5 ‘‘(3) any secure or restricted area of any sea6 port, designated as secure in an approved security 

7 plan, as required under section 70103 of title 46, 

8 United States Code, and the rules and regulations 

9 promulgated under that section; or’’; 

10 (2) in subsection (b)(1), by striking ‘‘5’’ and in11 serting ‘‘10’’; 

12 (3) in subsection (c)(1), by inserting ‘‘, captain 

13 of the seaport,’’ after ‘‘airport authority’’; and 

14 (4) by striking the section heading and insert15 ing the following: 

16 ‘‘§ 1036. Entry by false pretenses to any real property, 

17 vessel, or aircraft of the United States or 

18 secure area of any airport or seaport’’. 

19 (b) TECHNICAL AND CONFORMING AMENDMENT.—

20 The table of sections for chapter 47 of title 18 is amended 

21 by striking the matter relating to section 1036 and insert22 ing the following:

‘‘1036. Entry by false pretenses to any real property, vessel, or aircraft of the 

United States or secure area of any airport or seaport.’’.
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1 (c) DEFINITION OF SEAPORT.—Chapter 1 of title 18, 

2 United States Code, is amended by adding at the end the 

3 following: 

4 ‘‘§ 26. Definition of seaport 

5 ‘‘As used in this title, the term ‘seaport’ means all 

6 piers, wharves, docks, and similar structures, adjacent to 

7 any waters subject to the jurisdiction of the United States, 

8 to which a vessel may be secured, including areas of land, 

9 water, or land and water under and in immediate prox10 imity to such structures, buildings on or contiguous to 

11 such structures, and the equipment and materials on such 

12 structures or in such buildings.’’. 

13 (d) TECHNICAL AND CONFORMING AMENDMENT.—

14 The table of sections for chapter 1 of title 18 is amended 

15 by inserting after the matter relating to section 25 the 

16 following:

‘‘26. Definition of seaport.’’.

17 SEC. 3. CRIMINAL SANCTIONS FOR FAILURE TO HEAVE TO, 

18 OBSTRUCTION OF BOARDING, OR PROVIDING 

19 FALSE INFORMATION. 

20 (a) OFFENSE.—Chapter 109 of title 18, United 

21 States Code, is amended by adding at the end the fol22 lowing: 
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1 ‘‘§ 2237. Criminal sanctions for failure to heave to, ob2 struction of boarding, or providing false 

3 information 

4 ‘‘(a)(1) It shall be unlawful for the master, operator, 

5 or person in charge of a vessel of the United States, or 

6 a vessel subject to the jurisdiction of the United States, 

7 to knowingly fail to obey an order by an authorized Fed8 eral law enforcement officer to heave to that vessel. 

9 ‘‘(2) It shall be unlawful for any person on board a 

10 vessel of the United States, or a vessel subject to the juris11 diction of the United States, to—

12 ‘‘(A) forcibly resist, oppose, prevent, impede, in13 timidate, or interfere with a boarding or other law 

14 enforcement action authorized by any Federal law or 

15 to resist a lawful arrest; or 

16 ‘‘(B) provide information to a Federal law en17 forcement officer during a boarding of a vessel re18 garding the vessel’s destination, origin, ownership, 

19 registration, nationality, cargo, or crew, which that 

20 person knows is materially false. 

21 ‘‘(b) This section does not limit the authority of a 

22 customs officer under section 581 of the Tariff Act of 

23 1930 (19 U.S.C. 1581), or any other provision of law en24 forced or administered by the Secretary of the Treasury 

25 or the Secretary of Homeland Security, or the authority 
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1 of any Federal law enforcement officer under any law of 

2 the United States, to order a vessel to stop or heave to. 

3 ‘‘(c) A foreign nation may consent or waive objection 

4 to the enforcement of United States law by the United 

5 States under this section by radio, telephone, or similar 

6 oral or electronic means. Consent or waiver may be proven 

7 by certification of the Secretary of State or the designee 

8 of the Secretary of State. 

9 ‘‘(d) In this section—

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

11 has the meaning given the term in section 115(c); 

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

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

14 to account for the weather conditions and sea state 

15 to facilitate a law enforcement boarding; 

16 ‘‘(3) the term ‘vessel subject to the jurisdiction 

17 of the United States’ has the meaning given the 

18 term in section 2 of the Maritime Drug Law En19 forcement Act (46 U.S.C. App. 1903); and 

20 ‘‘(4) the term ‘vessel of the United States’ has 

21 the meaning given the term in section 2 of the Mari22 time Drug Law Enforcement Act (46 U.S.C. App. 

23 1903). 
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1 ‘‘(e) Any person who intentionally violates the provi2 sions of this section shall be fined under this title, impris3 oned for not more than 5 years, or both.’’. 

4 (b) TECHNICAL AND CONFORMING AMENDMENT.—

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

6 States Code, is amended by inserting after the item for 

7 section 2236 the following:

‘‘2237. Criminal sanctions for failure to heave to, obstruction of boarding, or 

providing false information.’’.

8 SEC. 4. USE OF A DANGEROUS WEAPON OR EXPLOSIVE ON 

9 A PASSENGER VESSEL. 

10 Section 1993 of title 18, United States Code, is 

11 amended—

12 (1) in subsection (a)—

13 (A) in paragraph (1), by inserting ‘‘, pas14 senger vessel,’’ after ‘‘transportation vehicle’’; 

15 (B) in paragraphs (2)—

16 (i) by inserting ‘‘, passenger vessel,’’ 

17 after ‘‘transportation vehicle’’; and 

18 (ii) by inserting ‘‘or owner of the pas19 senger vessel’’ after ‘‘transportation pro20 vider’’ each place that term appears; 

21 (C) in paragraph (3)—

22 (i) by inserting ‘‘, passenger vessel,’’ 

23 after ‘‘transportation vehicle’’ each place 

24 that term appears; and 
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1 (ii) by inserting ‘‘or owner of the pas2 senger vessel’’ after ‘‘transportation pro3 vider’’ each place that term appears; 

4 (D) in paragraph (5)—

5 (i) by inserting ‘‘, passenger vessel,’’ 

6 after ‘‘transportation vehicle’’; and 

7 (ii) by inserting ‘‘or owner of the pas8 senger vessel’’ after ‘‘transportation pro9 vider’’; and 

10 (E) in paragraph (6), by inserting ‘‘or 

11 owner of a passenger vessel’’ after ‘‘transpor12 tation provider’’ each place that term appears; 

13 (2) in subsection (b)(1), by inserting ‘‘, pas14 senger vessel,’’ after ‘‘transportation vehicle’’; and 

15 (3) in subsection (c)—

16 (A) by redesignating paragraph (6) 

17 through (8) as paragraphs (7) through (9); and 

18 (B) by inserting after paragraph (5) the 

19 following: 

20 ‘‘(6) the term ‘passenger vessel’ has the mean21 ing given that term in section 2101(22) of title 46, 

22 United States Code, and includes a small passenger 

23 vessel, as that term is defined under section 

24 2101(35) of that title.’’. 
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1 SEC. 5. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST 

2 MARITIME NAVIGATION, PLACEMENT OF DE3 STRUCTIVE DEVICES. 

4 (a) PLACEMENT OF DESTRUCTIVE DEVICES.—Chap5 ter 111 of title 18, United States Code, as amended by 

6 subsection (a), is further amended by adding at the end 

7 the following: 

8 ‘‘§ 2282A. Devices or dangerous substances in waters 

9 of the United States likely to destroy or 

10 damage Ships or to interfere with mari11 time commerce 

12 ‘‘(a) A person who knowingly places, or causes to be 

13 placed, in navigable waters of the United States, by any 

14 means, a device or dangerous substance which is likely to 

15 destroy or cause damage to a vessel or its cargo, cause 

16 interference with the safe navigation of vessels, or inter17 ference with maritime commerce (such as by damaging or 

18 destroying marine terminals, facilities, or any other ma19 rine structure or entity used in maritime commerce) with 

20 the intent of causing such destruction or damage, inter21 ference with the safe navigation of vessels, or interference 

22 with maritime commerce shall be fined under this title, 

23 imprisoned for any term of years or for life, or both. 

24 ‘‘(b) A person who causes the death of any person 

25 by engaging in conduct prohibited under subsection (a) 

26 may be punished by death. 
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1 ‘‘(c) Nothing in this section shall be construed to 

2 apply to otherwise lawfully authorized and conducted ac3 tivities of the United States Government. 

4 ‘‘(d) In this section: 

5 ‘‘(1) The term ‘dangerous substance’ means 

6 any solid, liquid, or gaseous material that has the 

7 capacity to cause damage to a vessel or its cargo, or 

8 cause interference with the safe navigation of a ves9 sel. 

10 ‘‘(2) The term ‘device’ means any object that, 

11 because of its physical, mechanical, structural, or 

12 chemical properties, has the capacity to cause dam13 age to a vessel or its cargo, or cause interference 

14 with the safe navigation of a vessel.’’. 

15 (2) TECHNICAL AND CONFORMING AMEND16 MENT.—The table of sections for chapter 111 of 

17 title 18, United States Code, as amended by sub18 section (b), is further amended by adding after the 

19 item related to section 2282 the following:

‘‘2282A. Devices or dangerous substances in waters of the United States likely 

to destroy or damage ships or to interfere with maritime commerce.’’.

20 (b) VIOLENCE AGAINST MARITIME NAVIGATION.—

21 (1) IN GENERAL.—Chapter 111 of title 18, 

22 United States Code as amended by subsections (a) 

23 and (c), is further amended by adding at the end the 

24 following: 
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1 ‘‘§ 2282B. Violence against aids to maritime naviga2 tion 

3 ‘‘Whoever intentionally destroys, seriously damages, 

4 alters, moves, or tampers with any aid to maritime naviga5 tion maintained by the Saint Lawrence Seaway Develop6 ment Corporation under the authority of section 4 of the 

7 Act of May 13, 1954 (33 U.S.C. 984), by the Coast Guard 

8 pursuant to section 81 of title 14, United States Code, 

9 or lawfully maintained under authority granted by the 

10 Coast Guard pursuant to section 83 of title 14, United 

11 States Code, if such act endangers or is likely to endanger 

12 the safe navigation of a ship, shall be fined under this 

13 title, imprisoned for not more than 20 years, or both.’’. 

14 (2) TECHNICAL AND CONFORMING AMEND15 MENT.—The table of sections for chapter 111 of 

16 title 18, United States Code, as amended by sub17 sections (b) and (d) is further amended by adding 

18 after the item related to section 2282A the fol19 lowing:

‘‘2282B. Violence against aids to maritime navigation.’’.

20 SEC. 6. TRANSPORTATION OF DANGEROUS MATERIALS AND 

21 TERRORISTS. 

22 (a) TRANSPORTATION OF DANGEROUS MATERIALS

23 AND TERRORISTS.—Chapter 111 of title 18, as amended 

24 by section 5, is further amended by adding at the end the 

25 following: 
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1 ‘‘§ 2283. Transportation of explosive, biological, chem2 ical, or radioactive or nuclear materials 

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

4 willfully transports aboard any vessel within the United 

5 States and on waters subject to the jurisdiction of the 

6 United States or any vessel outside the United States and 

7 on the high seas or having United States nationality an 

8 explosive or incendiary device, biological agent, chemical 

9 weapon, or radioactive or nuclear material, knowing that 

10 any such item is intended to be used to commit an offense 

11 listed under section 2332b(g)(5)(B), shall be fined under 

12 this title, imprisoned for any term of years or for life, or 

13 both. 

14 ‘‘(b) CAUSING DEATH.—Any person who causes the 

15 death of any person by engaging in conduct prohibited by 

16 subsection (a) may be punished by death. 

17 ‘‘(c) DEFINITIONS.—In this section: 

18 ‘‘(1) BIOLOGICAL AGENT.—The term ‘biological 

19 agent’ means any biological agent, toxin, or vector 

20 (as those terms are defined in section 178). 

21 ‘‘(2) BY-PRODUCT MATERIAL.—The term ‘by22 product material’ has the meaning given that term 

23 in section 11(e) of the Atomic Energy Act of 1954 

24 (42 U.S.C. 2014(e)). 
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1 ‘‘(3) CHEMICAL WEAPON.—The term ‘chemical 

2 weapon’ has the meaning given that term in section 

3 229F(1). 

4 ‘‘(4) EXPLOSIVE OR INCENDIARY DEVICE.—The 

5 term ‘explosive or incendiary device’ has the mean6 ing given the term in section 232(5). 

7 ‘‘(5) NUCLEAR MATERIAL.—The term ‘nuclear 

8 material’ has the meaning given that term in section 

9 831(f)(1). 

10 ‘‘(6) RADIOACTIVE MATERIAL.—The term ‘ra11 dioactive material’ means—

12 ‘‘(A) source material and special nuclear 

13 material, but does not include natural or de14 pleted uranium; 

15 ‘‘(B) nuclear by-product material; 

16 ‘‘(C) material made radioactive by bom17 bardment in an accelerator; or 

18 ‘‘(D) all refined isotopes of radium. 

19 ‘‘(8) SOURCE MATERIAL.—The term ‘source 

20 material’ has the meaning given that term in section 

21 11(z) of the Atomic Energy Act of 1954 (42 U.S.C. 

22 2014(z)). 

23 ‘‘(9) SPECIAL NUCLEAR MATERIAL.—The term 

24 ‘special nuclear material’ has the meaning given that 
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1 term in section 11(aa) of the Atomic Energy Act of 

2 1954 (42 U.S.C. 2014(aa)). 

3 ‘‘§ 2284. Transportation of terrorists 

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

5 intentionally transports any terrorist aboard any vessel 

6 within the United States and on waters subject to the ju7 risdiction of the United States or any vessel outside the 

8 United States and on the high seas or having United 

9 States nationality, knowing that the transported person 

10 is a terrorist, shall be fined under this title, imprisoned 

11 for any term of years or for life, or both. 

12 ‘‘(b) DEFINED TERM.—In this section, the term ‘ter13 rorist’ means any person who intends to commit, or is 

14 avoiding apprehension after having committed, an offense 

15 listed under section 2332b(g)(5)(B).’’. 

16 (b) TECHNICAL AND CONFORMING AMENDMENT.—

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

18 States Code, as amended by section 5, is further amended 

19 by adding at the end the following:

‘‘2283. Transportation of explosive, chemical, biological, or radioactive or nuclear materials. 

‘‘2284. Transportation of terrorists.’’.

20 SEC. 7. DESTRUCTION OF, OR INTERFERENCE WITH, VES21 SELS OR MARITIME FACILITIES. 

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

23 amended by inserting after chapter 111 the following: 
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1 ‘‘CHAPTER 111A—DESTRUCTION OF, OR 

2 INTERFERENCE WITH, VESSELS OR 

3 MARITIME FACILITIES

‘‘Sec. 

‘‘2290. Jurisdiction and scope. 

‘‘2291. Destruction of vessel or maritime facility. 

‘‘2292. Imparting or conveying false information.

4 ‘‘§ 2290. Jurisdiction and scope 

5 ‘‘(a) JURISDICTION.—There is jurisdiction over an of6 fense under this chapter if the prohibited activity takes 

7 place—

8 ‘‘(1) within the United States and within waters 

9 subject to the jurisdiction of the United States; or 

10 ‘‘(2) outside United States and—

11 ‘‘(A) an offender or a victim is a national 

12 of the United States (as that term is defined 

13 under section 101(a)(22) of the Immigration 

14 and Nationality Act (8 U.S.C. 1101(a)(22)); 

15 ‘‘(B) the activity involves a vessel in which 

16 a national of the United States was on board; 

17 or 

18 ‘‘(C) the activity involves a vessel of the 

19 United States (as that term is defined under 

20 section 2 of the Maritime Drug Law Enforce21 ment Act (46 U.S.C. App. 1903). 
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1 ‘‘(b) SCOPE.—Nothing in this chapter shall apply to 

2 otherwise lawful activities carried out by or at the direc3 tion of the United States Government. 

4 ‘‘§ 2291. Destruction of vessel or maritime facility 

5 ‘‘(a) OFFENSE.—Whoever willfully—

6 ‘‘(1) sets fire to, damages, destroys, disables, or 

7 wrecks any vessel; 

8 ‘‘(2) places or causes to be placed a destructive 

9 device, as defined in section 921(a)(4), or destruc10 tive substance, as defined in section 31(a)(3), in, 

11 upon, or near, or otherwise makes or causes to be 

12 made unworkable or unusable or hazardous to work 

13 or use, any vessel, or any part or other materials 

14 used or intended to be used in connection with the 

15 operation of a vessel; 

16 ‘‘(3) sets fire to, damages, destroys, or disables 

17 or places a destructive device or substance in, upon, 

18 or near, any maritime facility, including any aid to 

19 navigation, lock, canal, or vessel traffic service facil20 ity or equipment; 

21 ‘‘(4) interferes by force or violence with the op22 eration of any maritime facility, including any aid to 

23 navigation, lock, canal, or vessel traffic service facil24 ity or equipment, if such action is likely to endanger 

25 the safety of any vessel in navigation; 
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1 ‘‘(5) sets fire to, damages, destroys, or disables 

2 or places a destructive device or substance in, upon, 

3 or near, any appliance, structure, property, machine, 

4 or apparatus, or any facility or other material used, 

5 or intended to be used, in connection with the oper6 ation, maintenance, loading, unloading, or storage of 

7 any vessel or any passenger or cargo carried or in8 tended to be carried on any vessel; 

9 ‘‘(6) performs an act of violence against or in10 capacitates any individual on any vessel, if such act 

11 of violence or incapacitation is likely to endanger the 

12 safety of the vessel or those on board; 

13 ‘‘(7) performs an act of violence against a per14 son that causes or is likely to cause serious bodily 

15 injury, as defined in section 1365(h)(3), in, upon, or 

16 near, any appliance, structure, property, machine, or 

17 apparatus, or any facility or other material used, or 

18 intended to be used, in connection with the oper19 ation, maintenance, loading, unloading, or storage of 

20 any vessel or any passenger or cargo carried or in21 tended to be carried on any vessel; 

22 ‘‘(8) communicates information, knowing the 

23 information to be false and under circumstances in 

24 which such information may reasonably be believed, 
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1 thereby endangering the safety of any vessel in navi2 gation; or 

3 ‘‘(9) attempts or conspires to do anything pro4 hibited under paragraphs (1) through (8), 

5 shall be fined under this title, imprisoned not more than 

6 20 years, or both. 

7 ‘‘(b) LIMITATION.—Subsection (a) shall not apply to 

8 any person that is engaging in otherwise lawful activity, 

9 such as normal repair and salvage activities, and the 

10 transportation of hazardous materials regulated and al11 lowed to be transported under chapter 51 of title 49. 

12 ‘‘(c) PENALTY.—Whoever is fined or imprisoned 

13 under subsection (a) as a result of an act involving a vessel 

14 that, at the time of the violation, carried high-level radio15 active waste (as that term is defined in section 2(12) of 

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

17 10101(12)) or spent nuclear fuel (as that term is defined 

18 in section 2(23) of the Nuclear Waste Policy Act of 1982 

19 (42 U.S.C. 10101(23)), shall be fined under this title, im20 prisoned for a term up to life, or both. 

21 ‘‘(d) PENALTY WHEN DEATH RESULTS.—Whoever is 

22 convicted of any crime prohibited by subsection (a) and 

23 intended to cause death by the prohibited conduct, if the 

24 conduct resulted in the death of any person, shall be sub-
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1 ject also to the death penalty or to a term of imprisonment 

2 for a period up to life. 

3 ‘‘(e) THREATS.—Whoever willfully imparts or con4 veys any threat to do an act which would violate this chap5 ter, with an apparent determination and will to carry the 

6 threat into execution, shall be fined under this title, im7 prisoned not more than 5 years, or both, and is liable for 

8 all costs incurred as a result of such threat. 

9 ‘‘§ 2292. Imparting or conveying false information 

10 ‘‘(a) IN GENERAL.—Whoever imparts or conveys or 

11 causes to be imparted or conveyed false information, 

12 knowing the information to be false, concerning an at13 tempt or alleged attempt being made or to be made, to 

14 do any act that would be a crime prohibited by this chap15 ter or by chapter 111 of this title, shall be subject to a 

16 civil penalty of not more than $5,000, which shall be re17 coverable in a civil action brought in the name of the 

18 United States. 

19 ‘‘(b) MALICIOUS CONDUCT.—Whoever willfully and 

20 maliciously, or with reckless disregard for the safety of 

21 human life, imparts or conveys or causes to be imparted 

22 or conveyed false information, knowing the information to 

23 be false, concerning an attempt or alleged attempt to do 

24 any act which would be a crime prohibited by this chapter 
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1 or by chapter 111 of this title, shall be fined under this 

2 title, imprisoned not more than 5 years, or both. 

3 ‘‘(c) JURISDICTION.—

4 ‘‘(1) IN GENERAL.—Except as provided under 

5 paragraph (2), section 2290(a) shall not apply to 

6 any offense under this section. 

7 ‘‘(2) JURISDICTION.—Jurisdiction over an of8 fense under this section shall be determined in ac9 cordance with the provisions applicable to the crime 

10 prohibited by this chapter, or by chapter 111 of this 

11 title, to which the imparted or conveyed false infor12 mation relates, as applicable.’’. 

13 (c) TECHNICAL AND CONFORMING AMENDMENT.—

14 The table of chapters at the beginning of title 18, United 

15 States Code, is amended by inserting after the item for 

16 chapter 111 the following:

‘‘111A. Destruction of, or interference with, vessels or 

maritime facilities ................................................. 2290’’.

17 SEC. 8. THEFT OF INTERSTATE OR FOREIGN SHIPMENTS 

18 OR VESSELS. 

19 (a) THEFT OF INTERSTATE OR FOREIGN SHIP20 MENTS.—Section 659 of title 18, United States Code, is 

21 amended—

22 (1) in the first undesignated paragraph—

23 (A) by inserting ‘‘trailer,’’ after 

24 ‘‘motortruck,’’; 
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1 (B) by inserting ‘‘air cargo container,’’ 

2 after ‘‘aircraft,’’; and 

3 (C) by inserting ‘‘, or from any intermodal 

4 container, trailer, container freight station, 

5 warehouse, or freight consolidation facility,’’ 

6 after ‘‘air navigation facility’’; 

7 (2) in the fifth undesignated paragraph, by 

8 striking ‘‘one year’’ and inserting ‘‘3 years’’; and 

9 (3) by inserting after the first sentence in the 

10 eighth undesignated paragraph the following: ‘‘For 

11 purposes of this section, goods and chattel shall be 

12 construed to be moving as an interstate or foreign 

13 shipment at all points between the point of origin 

14 and the final destination (as evidenced by the waybill 

15 or other shipping document of the shipment), re16 gardless of any temporary stop while awaiting trans17 shipment or otherwise.’’. 

18 (b) STOLEN VESSELS.—

19 (1) IN GENERAL.—Section 2311 of title 18, 

20 United States Code, is amended by adding at the 

21 end the following: 

22 ‘‘‘‘Vessel’’ means any watercraft or other contrivance used 

23 or designed for transportation or navigation on, under, or 

24 immediately above, water.’’. 
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1 (2) TRANSPORTATION AND SALE OF STOLEN

2 VESSELS.—

3 (A) TRANSPORTATION.—Section 2312 of 

4 title 18, United States Code, is amended by 

5 striking ‘‘motor vehicle or aircraft’’ and insert6 ing ‘‘motor vehicle, vessel, or aircraft’’. 

7 (B) SALE.—Section 2313(a) of title 18, 

8 United States Code, is amended by striking 

9 ‘‘motor vehicle or aircraft’’ and inserting 

10 ‘‘motor vehicle, vessel, or aircraft’’. 

11 (c) REVIEW OF SENTENCING GUIDELINES.—Pursu12 ant to section 994 of title 28, United States Code, the 

13 United States Sentencing Commission shall review the 

14 Federal Sentencing Guidelines to determine whether sen15 tencing enhancement is appropriate for any offense under 

16 section 659 or 2311 of title 18, United States Code, as 

17 amended by this Act. 

18 (d) ANNUAL REPORT OF LAW ENFORCEMENT AC19 TIVITIES.—The Attorney General shall annually submit to 

20 Congress a report, which shall include an evaluation of 

21 law enforcement activities relating to the investigation and 

22 prosecution of offenses under section 659 of title 18, 

23 United States Code, as amended by this Act. 

24 (e) REPORTING OF CARGO THEFT.—The Attorney 

25 General shall take the steps necessary to ensure that re-
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1 ports of cargo theft collected by Federal, State, and local 

2 officials are reflected as a separate category in the Uni3 form Crime Reporting System, or any successor system, 

4 by no later than December 31, 2005. 

5 SEC. 9. INCREASED PENALTIES FOR NONCOMPLIANCE 

6 WITH MANIFEST REQUIREMENTS. 

7 (a) REPORTING, ENTRY, CLEARANCE REQUIRE8 MENTS.—Section 436(b) of the Tariff Act of 1930 (19 

9 U.S.C. 1436(b)) is amended by—

10 (1) striking ‘‘or aircraft pilot’’ and inserting 

11 ‘‘aircraft pilot, operator, owner of such vessel, vehi12 cle or aircraft, or any other responsible party (in13 cluding non-vessel operating common carriers)’’; 

14 (2) striking ‘‘$5,000’’ and inserting ‘‘$10,000’’; 

15 and 

16 (3) striking ‘‘$10,000’’ and inserting 

17 ‘‘$25,000’’. 

18 (b) CRIMINAL PENALTY.—Section 436(c) of the Tar19 iff Act of 1930 (19 U.S.C. 1436(c)) is amended—

20 (1) by striking ‘‘or aircraft pilot’’ and inserting 

21 ‘‘aircraft pilot, operator, owner of such vessel, vehi22 cle, or aircraft, or any other responsible party (in23 cluding non-vessel operating common carriers)’’; and 

24 (2) by striking ‘‘$2,000’’ and inserting 

25 ‘‘$10,000’’. 
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1 (c) FALSITY OR LACK OF MANIFEST.—Section 

2 584(a)(1) of the Tariff Act of 1930 (19 U.S.C. 

3 1584(a)(1)) is amended by striking ‘‘$1,000’’ in each 

4 place it occurs and inserting ‘‘$10,000’’. 

5 SEC. 10. STOWAWAYS ON VESSELS OR AIRCRAFT. 

6 Section 2199 of title 18, United States Code, is 

7 amended by striking ‘‘Shall be fined under this title or 

8 imprisoned not more than one year, or both.’’ and insert9 ing the following: 

10 ‘‘(1) shall be fined under this title, imprisoned 

11 not more than 5 years, or both; 

12 ‘‘(2) if the person commits an act proscribed by 

13 this section, with the intent to commit serious bodily 

14 injury, and serious bodily injury occurs (as defined 

15 under section 1365, including any conduct that, if 

16 the conduct occurred in the special maritime and 

17 territorial jurisdiction of the United States, would 

18 violate section 2241 or 2242) to any person other 

19 than a participant as a result of a violation of this 

20 section, shall be fined under this title, imprisoned 

21 not more than 20 years, or both; and 

22 ‘‘(3) if an individual commits an act proscribed 

23 by this section, with the intent to cause death, and 

24 if the death of any person other than a participant 

25 occurs as a result of a violation of this section, shall 
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1 be fined under this title, imprisoned for any number 

2 of years or for life, or both.’’. 

3 SEC. 11. BRIBERY AFFECTING PORT SECURITY. 

4 (a) IN GENERAL.—Chapter 11 of title 18, United 

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

7 ‘‘§ 226. Bribery affecting port security 

8 ‘‘(a) IN GENERAL.—Whoever knowingly—

9 ‘‘(1) directly or indirectly, corruptly gives, of10 fers, or promises anything of value to any public or 

11 private person, with intent to commit international 

12 terrorism or domestic terrorism (as those terms are 

13 defined under section 2331), to—

14 ‘‘(A) influence any action or any person to 

15 commit or aid in committing, or collude in, or 

16 allow, any fraud, or make opportunity for the 

17 commission of any fraud affecting any secure or 

18 restricted area or seaport; or 

19 ‘‘(B) induce any official or person to do or 

20 omit to do any act in violation of the lawful 

21 duty of such official or person that affects any 

22 secure or restricted area or seaport; or 

23 ‘‘(2) directly or indirectly, corruptly demands, 

24 seeks, receives, accepts, or agrees to receive or ac-
25

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1 cept anything of value personally or for any other 

2 person or entity in return for—

3 ‘‘(A) being influenced in the performance 

4 of any official act affecting any secure or re5 stricted area or seaport; and 

6 ‘‘(B) knowing that such influence will be 

7 used to commit, or plan to commit, inter8 national or domestic terrorism, 

9 shall be fined under this title, imprisoned not more than 

10 15 years, or both. 

11 ‘‘(b) DEFINITION.—In this section, the term ‘secure 

12 or restricted area’ means an area of a vessel or facility 

13 designated as secure in an approved security plan, as re14 quired under section 70103 of title 46, United States 

15 Code, and the rules and regulations promulgated under 

16 that section.’’. 

17 (b) TECHNICAL AND CONFORMING AMENDMENT.—

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

19 States Code, is amended by adding at the end the fol20 lowing:

‘‘226. Bribery affecting port security.’’.

Æ