I 

108TH CONGRESS 

1ST SESSION H. R. 3456

To deter and punish terrorism and crime at United States ports, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 6, 2003

Mr. BELL 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 deter and punish terrorism and crime at United States 

ports, 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 ‘‘Port Anti-Terrorism 

5 and Security Act of 2003’’. 
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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 
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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 
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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-
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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.
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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)). 
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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’’.
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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. 
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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. 
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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.
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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 
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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. 
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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 
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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. 
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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
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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.—An 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 

17 fined in accordance with this title or imprisoned for any 

18 term 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); 
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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 
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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 
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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 
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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
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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 
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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 
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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 
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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 Attor16 ney 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—
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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;
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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: ‘‘shall in each case’’; 

20 (F) in the sixth undesignated paragraph, 

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

22 ‘‘(b) LOCATION OF OFFENSE.—The’’; 

23 (G) in the seventh undesignated para24 graph, by striking ‘‘The’’ and inserting the fol25 lowing: 
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1 ‘‘(c) SEPARATE OFFENSE.—The’’; 

2 (H) in the eighth undesignated paragraph, 

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

4 ‘‘(d) PRIMA FACIE EVIDENCE.—To’’; 

5 (I) in the ninth undesignated paragraph, 

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

7 ‘‘(e) PROSECUTION.—A’’; and 

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

9 ‘‘(f) CIVIL PENALTY.—

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

11 provision of law, and in addition to any penalties 

12 that may be available under any other provision of 

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

14 Homeland Security, after notice and an opportunity 

15 for a hearing, to have violated this section or a regu16 lation issued under this section shall be liable to the 

17 United States for a civil penalty not to exceed 

18 $25,000 for each violation. 

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

20 continuing violation shall constitute a separate viola21 tion. 

22 ‘‘(3) AMOUNT OF PENALTY.—

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

24 penalty for a violation of this section or a regu25 lation issued under this section shall be as-
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1 sessed by the Attorney General, or the designee 

2 of the Attorney General, by written notice. 

3 ‘‘(B) CONSIDERATIONS.—In determining 

4 the amount of a civil penalty under this para5 graph, the Attorney General shall take into ac6 count—

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

8 and gravity of the prohibited act com9 mitted; and 

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

11 degree of culpability, any history of prior 

12 offenses, ability to pay, and such other 

13 matters as justice may require. 

14 ‘‘(4) MODIFICATION OF PENALTY.—The Sec15 retary of Homeland Security may compromise, mod16 ify, or remit, with or without conditions, any civil 

17 penalty that is subject to imposition or which has 

18 been imposed under this section. 

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

20 an assessment of a civil penalty after it has become 

21 final, the Secretary of Homeland Security may refer 

22 the matter to the Attorney General for collection in 

23 an appropriate district court of the United States. 

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

25 term ‘goods or chattels’ means to be moving as an inter-
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1 state or foreign shipment at all points between the point 

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

3 waybill or other shipping document of the shipment) re4 gardless of any temporary stop while awaiting trans5 shipment or otherwise.’’. 

6 (2) FEDERAL SENTENCING GUIDELINES.—Pur7 suant to section 994 of title 28, United States Code, 

8 the United States Sentencing Commission shall re9 view the Federal Sentencing Guidelines to determine 

10 whether sentencing enhancement is appropriate for 

11 any offense under section 659 of title 18, United 

12 States Code, as amended by this subsection. 

13 (3) ANNUAL REPORT.—The Attorney General 

14 shall annually submit to Congress a report that shall 

15 include an evaluation of law enforcement activities 

16 relating to the investigation and prosecution of of17 fenses under section 659 of title 18, United States 

18 Code. 

19 TITLE II—PROTECTING UNITED 

20 STATES PORTS AGAINST TER21 RORISM AND CRIME 

22 SEC. 201. DEFINITIONS. 

23 In this title: 
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1 (1) AIRCRAFT.—The term ‘‘aircraft’’ has the 

2 meaning given that term in section 40102 of title 

3 49, United States Code. 

4 (2) CAPTAIN-OF-THE-PORT.—The term ‘‘Cap5 tain-of-the-Port’’, with respect to a United States 

6 seaport, means the individual designated by the 

7 Commandant of the Coast Guard as the Captain-of8 the-Port at that seaport. 

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

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

11 the general public as a provider for hire of a trans12 portation by water, land, or air of merchandise, 

13 whether or not the person actually operates the ves14 sel, vehicle, or aircraft by which the transportation 

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

16 place in the United States. 

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

18 a container that is used or designed for use for the 

19 international transportation of merchandise by ves20 sel, vehicle, or aircraft. 

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

22 means the Border and Transportation Security Di23 rectorate of the Department of Homeland Security.
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1 (6) MANUFACTURER.—The term ‘‘manufac2 turer’’ means a person who fabricates or assembles 

3 merchandise for sale in commerce. 

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

5 has the meaning given that term in section 401 of 

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

7 (8) SHIPMENT.—The term ‘‘shipment’’ means 

8 cargo traveling in international commerce under a 

9 bill of lading. 

10 (9) UNITED STATES SEAPORT.—The term 

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

12 United States on a waterway with shoreside facilities 

13 for the intermodal transfer of cargo containers that 

14 are used in international trade. 

15 (10) VEHICLE.—The term ‘‘vehicle’’ has the 

16 meaning given that term in section 401 of the Tariff 

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

18 (11) VESSEL.—The term ‘‘vessel’’ has the 

19 meaning given that term in section 401 of the Tariff 

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

21 SEC. 202. DESIGNATED SECURITY AUTHORITY. 

22 The Captain-of-the-Port of each United States sea23 port shall be the primary authority responsible for security 

24 at the United States seaport and shall—

25 (1) coordinate security at such seaport; and 
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1 (2) be the point of contact on seaport security 

2 issues for civilian and commercial port entities at 

3 such seaport. 

4 SEC. 203. PENALTIES FOR INACCURATE MANIFEST. 

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

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

7 (1) in subsection (a)(1)—

8 (A) by striking ‘‘$1,000’’ each place it ap9 pears and inserting ‘‘$50,000’’; and 

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

11 ‘‘$50,000’’; and 

12 (2) by adding at the end the following new sub13 section: 

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

15 or prepares for shipment any merchandise bound for the 

16 United States who intentionally provides inaccurate or 

17 false information, whether inside or outside the United 

18 States, with respect to such merchandise for the purpose 

19 of introducing such merchandise into the United States 

20 in violation of the laws of the United States, shall be lia21 ble, upon conviction of a violation of this subsection, for 

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

23 year, or both; except that if the importation of such mer24 chandise into the United States is prohibited, such person 

25 shall be liable for an additional fine of not more than 
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1 $50,000 or imprisonment for not more than 5 years, or 

2 both.’’. 

3 (b) PENALTIES FOR VIOLATIONS OF THE ARRIVAL, 

4 REPORTING, ENTRY, AND CLEARANCE REQUIREMENTS.—

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

6 1930 (19 U.S.C. 1436) are amended to read as follows: 

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

8 of a vessel, vehicle, or aircraft pilot who commits any viola9 tion listed in subsection (a) shall be liable for a civil pen10 alty of $25,000 for the first violation, and $50,000 for 

11 each subsequent violation, and any conveyance used in 

12 connection with any such violation is subject to seizure 

13 and forfeiture. 

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

15 for a civil penalty under subsection (b), any master, per16 son in charge of a vessel, vehicle, or aircraft pilot who in17 tentionally commits or causes another to commit any vio18 lation listed in subsection (a) shall be liable, upon convic19 tion, for a fine of not more than $50,000 or imprisonment 

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

21 is discovered to have had, on board any merchandise 

22 (other than sea stores or the equivalent for conveyances 

23 other than vessels) the importation of which into the 

24 United States is prohibited, such individual shall be liable 
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1 for an additional fine of not more than $50,000 or impris2 onment for not more than 5 years, or both.’’. 

3 SEC. 204. INSPECTION OF MERCHANDISE AT FOREIGN FA4 CILITIES. 

5 Not later than 180 days after the date of enactment 

6 of this Act, the Secretary of Homeland Security shall sub7 mit to Congress a plan to—

8 (1) station inspectors from the Directorate, 

9 other Federal agencies, or the private sector at the 

10 foreign facilities of manufacturers or common car11 riers to profile and inspect merchandise and the con12 tainers or other means by which such merchandise 

13 is transported as they are prepared for shipment on 

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

15 United States; 

16 (2) develop procedures to ensure the security of 

17 merchandise inspected as described in paragraph (1) 

18 until it reaches the United States; and 

19 (3) permit merchandise inspected as described 

20 in paragraph (1) to receive expedited inspection 

21 upon arrival in the United States.

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