```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3456 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Port Anti-Terrorism and Security Act 
of 2003''.

 TITLE I--DETERRING AND PUNISHING TERRORISM AND CRIME AT UNITED STATES 
                                 PORTS

SEC. 101. DESTRUCTION OR INTERFERENCE WITH VESSELS OR MARITIME 
              FACILITIES.

    (a) In General.--Title 18, United States Code, is amended by 
inserting after chapter 65 the following:

                     ``CHAPTER 66--MARITIME VESSELS

``Sec.
``1371. Jurisdiction and scope.
``1372. Destruction of vessel or maritime facility.
``1373. Imparting or conveying false information.
``Sec. 1371. Jurisdiction and scope
    ``(a) In General.--There is jurisdiction under section 3231 over an 
offense under this chapter if--
            ``(1) the prohibited activity takes place within the United 
        States, or in waters or submerged lands thereunder subject to 
        the jurisdiction of the United States; or
            ``(2) the prohibited activity takes place outside the 
        United States, and--
                    ``(A) an offender or a victim of the prohibited 
                activity is a citizen of the United States;
                    ``(B) a citizen of the United States was on board a 
                vessel to which this chapter applies; or
                    ``(C) the prohibited activity involves a vessel of 
                the United States.
    ``(b) Applicability.--Nothing in this chapter shall apply to 
otherwise lawful activities carried out by, or at the direction of, the 
United States Government.
``Sec. 1372. Destruction of vessel or maritime facility
    ``(a) Offenses.--It shall be unlawful for any person--
            ``(1) to willfully--
                    ``(A) set fire to, damage, destroy, disable, or 
                wreck any vessel; or
                    ``(B) place or cause to be placed a destructive 
                device or destructive substance in, upon, or in 
                proximity to, or otherwise make or cause to be made an 
                unworkable or unusable or hazardous to work or use, any 
                vessel (as defined in section 3 of title 1), or any 
                part or other materials used or intended to be used in 
                connection with the operation of a vessel; or
                    ``(C) set fire to, damage, destroy, disable, or 
                displace a destructive device or destructive substance 
                in, upon, or in proximity to, any maritime facility, 
                including any aid to navigation, lock, canal, or vessel 
                traffic service facility or equipment, or interfere by 
                force or violence with the operation of such maritime 
                facility, if such action is likely to endanger the 
                safety of any vessel in navigation;
                    ``(D) set fire to, damage, destroy, disable, or 
                place a destructive device or destructive substance in, 
                upon, or in proximity to any appliance, structure, 
                property, machine, apparatus, or any facility or other 
                material used or intended to be used in connection with 
                the operation, maintenance, loading, unloading, or 
                storage of any vessel or any passenger or cargo carried 
                on, or intended to be carried on, any vessel;
                    ``(E) perform an act of violence against or 
                incapacitate an individual on a vessel, if such act of 
                violence or incapacitation is likely to endanger the 
                safety of the vessel or those on board;
                    ``(F) perform an act of violence against a person 
                that causes or is likely to cause serious bodily injury 
                in, upon, or in proximity to any appliance, structure, 
                property, machine, apparatus, or any facility or other 
                material used or intended to be used in connection with 
                the operation, maintenance, loading, unloading, or 
                storage of any vessel or any passenger or cargo carried 
                or intended to be carried on any vessel; or
                    ``(G) communicate information, knowing the 
                information to be false and under circumstances in 
                which such information may reasonably be believed, 
                thereby endangering the safety of any vessel in 
                navigation; or
            ``(2) to attempt or conspire to do anything prohibited 
        under paragraph (1).
    ``(b) Penalty.--Any person who--
            ``(1) violates subparagraph (A) or (B) of subsection (a)(1) 
        shall be fined in accordance with this title or imprisoned for 
        a maximum life imprisonment term, or both, and if death 
        results, shall be subject to the death penalty; and
            ``(2) violates subsection (a)(2) or subparagraph (C), (D), 
        (E), (F), or (G) of subsection (a)(1) shall be fined in 
        accordance with this title or imprisoned not more than 20 
        years, or both.
    ``(c) Additional Penalties.--Any person who is fined or imprisoned 
in accordance with subsection (b) for an offense that involved a vessel 
that, at the time the violation occurred, carried high-level 
radioactive waste or spent nuclear fuel shall be fined in accordance 
with this title or imprisoned for not less than 30 years, or for life.
    ``(d) Threatened Offense.--Any person who willfully imparts or 
conveys any threat to do an act which would violate this chapter, with 
an apparent determination and will to carry out the threat, shall be--
            ``(1) fined in accordance with this title or imprisoned not 
        more than 5 years, or both; and
            ``(2) liable for all costs incurred as a result of such 
        threat.
    ``(e) Definitions.--For purposes of this section--
            ``(1) the term `destructive device' has the meaning as such 
        term in section 921(a)(4);
            ``(2) the term `destructive substance' has the meaning as 
        such term in section 31;
            ``(3) the term `high-level radioactive waste' has the 
        meaning as such term in section 2(12) of the Nuclear Waste 
        Policy Act of 1982 (42 U.S.C. 10101(12));
            ``(4) the term `serious bodily injury' has the meaning as 
        such term in section 1365(g); and
            ``(5) the term `spent nuclear fuel' has the meaning as such 
        term in section 2(23) of the Nuclear Waste Policy Act of 1982 
        (42 U.S.C. 10101(23)).
``Sec. 1373. Imparting or conveying false information
    ``(a) In General.--Any person who imparts or conveys, or causes to 
be imparted or conveyed, false information, knowing the information to 
be false, concerning an attempt or alleged attempt being made or to be 
made, to do any act that is an offense under this chapter or chapter 2, 
97, or 111, shall be subject to a civil penalty of not more than 
$5,000, which shall be recoverable in a civil action brought in the 
name of the United States.
    ``(b) Increased Penalty.--Any person who willfully and maliciously, 
or with reckless disregard for the safety of human life, imparts or 
conveys, or causes to be imparted or conveyed, false information, 
knowing the information to be false, concerning an attempt or alleged 
attempt being made by or to be made, to do any act that is an offense 
under this chapter or chapter 2, 97, or 111, shall be fined in 
accordance with this title or imprisoned not more than 5 years, or 
both.''.
    (b) Technical and Conforming Amendment.--The table of chapters at 
the beginning of title 18, is amended by inserting after the item 
relating to chapter 65 the following:

``66. Maritime Vessels......................................    1371''.

SEC. 102. CRIMINAL SANCTIONS FOR PLACEMENT OF DESTRUCTIVE DEVICES OR 
              SUBSTANCES IN UNITED STATES JURISDICTIONAL WATERS.

    (a) In General.--Chapter 111 of title 18, United States Code, is 
amended by inserting after section 2280 the following:
``Sec. 2280A. Devices or substances in waters of the United States 
              likely to destroy or damage ships
    ``(a) In General.--Any person who knowingly places or causes to be 
placed in waters subject to the jurisdiction of the United States, by 
any means, a device or substance that is likely to destroy or cause 
damage to a ship or its cargo, or cause interference with the safe 
navigation of vessels or interference with maritime commerce, such as 
by damaging or destroying marine terminals, facilities, and any other 
maritime structure or entity used in maritime commerce, with the intent 
of causing such destruction or damage--
            ``(1) shall be fined in accordance with this title and 
        imprisoned for any term of years or for life; and
            ``(2) if the death of any person results from conduct 
        prohibited under this section, may be punished by death.
    ``(b) Applicability.--Nothing in this section shall be construed to 
apply to otherwise lawfully authorized and conducted activities of the 
United States Government.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 111 of title 18, United States Code, is amended by inserting 
after the item relating to section 2280 the following:

``2280A. Devices or substances in waters of the United States likely to 
                            destroy or damage ships.''.

SEC. 103. PIRACY AND PRIVATEERING.

    Chapter 81 of title 18, United States Code, is amended to read as 
follows:

                 ``CHAPTER 81--PIRACY AND 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.
``Sec. 1651. Piracy
    ``Any person who commits the crime of piracy and is afterwards 
brought into, or found in, the United States shall be imprisoned for 
life.
``Sec. 1652. Crimes against United States persons or property on board 
              a ship or maritime structure
    ``Any person who commits any illegal act of violence, detention, or 
depredation against the United States, including any vessel of the 
United States, citizen of the United States, any commercial structure 
owned in whole or in part by a United States citizen or resident alien, 
or any United States citizen or resident alien, or the property of that 
citizen or resident alien, on board a ship or maritime structure and is 
afterwards brought into or found in the United States, shall be fined 
in accordance with this title or imprisoned not more than 20 years, or 
both.
``Sec. 1653. Crimes against persons on board a ship or maritime 
              structure within the territorial jurisdiction of the 
              United States
    ``Any person who commits any illegal act of violence, detention, or 
depredation against an individual on board a ship or maritime 
structure, or the property of that individual, in waters or submerged 
lands thereunder, subject to the jurisdiction of the United States, 
shall be fined in accordance with this title or imprisoned not more 
than 20 years, or both.
``Sec. 1654. Crimes by United States citizens or resident aliens
    ``Any person, being a United States citizen or resident alien, or 
purporting to act under the authority of the United States, who commits 
any illegal act of violence, detention, or depredation against an 
individual on board a ship or maritime structure, or the property of 
that individual, shall be fined in accordance with this title or 
imprisoned not more than 20 years, or both.
``Sec. 1655. Privateering
    ``(a) Offense.--It shall be unlawful for any person to furnish, fit 
out, arm, or serve in a privateer or private vessel used to commit any 
illegal act of violence, detention, or depredation against an 
individual, or the property of that individual, or any vessel or 
maritime structure without the express authority of the United States 
Government when--
            ``(1) the perpetrator of the act is a United States citizen 
        or resident alien, or purports to act under authority of the 
        United States;
            ``(2) the individual against whom the act is committed is a 
        United States citizen or resident alien or the property, 
        vessel, or maritime structure involved is owned, in whole or in 
        part, by a United States citizen or resident alien; or
            ``(3) some element of the illegal act of violence, 
        detention, or depredation is committed in waters subject to the 
        jurisdiction of the United States.
    ``(b) Penalty.--Any person who violates subsection (a) shall be 
fined in accordance with this title or imprisoned not more than 20 
years, or both.
``Sec. 1656. Theft or conversion of vessel, maritime structure, cargo, 
              or effects
    ``(a) Offense.--It shall be unlawful for any person who is a 
captain, officer, crewman, or passenger of a vessel or maritime 
structure to assist in the theft or conversion of such vessel or 
maritime structure, or its cargo or effects when--
            ``(1) the perpetrator is a United States citizen or 
        resident alien, or purports to act under the authority of the 
        United States;
            ``(2) the vessel, maritime structure, cargo, or effects is 
        owned in whole or in part by a United States citizen or 
        resident alien; or
            ``(3) some element of the theft or conversion is committed 
        in waters subject to the jurisdiction of the United States.
    ``(b) Penalty.--Any person who violates subsection (a) shall be 
fined in accordance with this title or imprisoned not more than 20 
years, or both.
``Sec. 1657. Intentional wrecking or plunder of a vessel, maritime 
              structure, cargo, or effects
    ``(a) Offense.--It shall be unlawful for any person to--
            ``(1) intentionally cause the wrecking of a vessel or 
        maritime structure by act or omission, either directly such as 
        by intentional grounding, or indirectly by modification or 
        destruction of any navigational marker or safety device;
            ``(2) intentionally plunder, steal, or destroy a vessel, 
        maritime structure, cargo, or effects when such vessel or 
        maritime structure is in distress, wrecked, lost, stranded, or 
        cast away; or
            ``(3) intentionally obstruct or interfere with the rescue 
        of a person on board a vessel or maritime structure in 
        distress, wrecked, lost, stranded, or cast away, or the legal 
        salvage of such a vessel, maritime structure, cargo, or 
        effects, when--
                    ``(A) the perpetrator is a United States citizen or 
                resident alien, or purports to act under authority of 
                the United States;
                    ``(B) the vessel, maritime structure, cargo, or 
                effects is owned in whole or in part by a United States 
                citizen or resident alien; or
                    ``(C) some element of the theft or conversion is 
                committed in waters subject to the jurisdiction of the 
                United States.
    ``(b) Penalty.--Any person who violates subsection (a) shall be 
fined in accordance with this title or imprisoned not more than 20 
years, or both.
``Sec. 1658. Knowing receipt of an illegally acquired vessel, maritime 
              structure, cargo, or effects
    ``Any person who knowingly receives or acquires a vessel, maritime 
structure, cargo, or effects converted or obtained by action falling 
under any section of this chapter shall be fined in accordance with 
this title or imprisoned not more than 20 years, or both.
``Sec. 1659. Attempts
    ``Any person who attempts any act which, if committed, would 
constitute an offense under this chapter shall be fined in accordance 
with this title or imprisoned not more than 20 years, or both.
``Sec. 1660. Accessories
    ``(a) Commission of an Offense.--Any person who knowingly assists 
any person in the commission of an act that constitutes an offense 
under this chapter shall be fined in accordance with this title or 
imprisoned not more than 20 years, or both.
    ``(b) Avoidance of Consequences.--Any person who knowingly assists 
any person in avoiding the consequences of an act that constitutes an 
offense under this chapter shall be fined in accordance with this title 
or imprisoned not more than 20 years, or both.
``Sec. 1661. Inapplicability to United States Government activities
    ``Nothing in this chapter shall apply to otherwise lawful 
activities--
            ``(1) carried out by, or at the direction of, the United 
        States Government; or
            ``(2) undertaken under a letter or marque and reprisal 
        issued by the United States Government.''.

SEC. 104. USE OF A DANGEROUS WEAPON OR EXPLOSIVE ON A PASSENGER VESSEL.

    (a) In General.--Chapter 39 of title 18, United States Code, is 
amended by inserting after section 831 the following:
``Sec. 832. Use of a dangerous weapon or explosive on a passenger 
              vessel
    ``(a) Offense.--It shall be unlawful for any person to willfully--
            ``(1) commit an act, including the use of a dangerous 
        weapon, explosive, or incendiary device, with the intent to 
        cause death or serious bodily injury to a crew member or 
passenger of a passenger vessel or any other person while on board a 
passenger vessel; or
            ``(2) attempt, threaten, or conspire to do any act referred 
        to in paragraph (1).
    ``(b) Penalty.--An person who violates subsection (a) shall be 
fined in accordance with this title or imprisoned not more than 20 
years, or both.
    ``(c) Aggravated Offense.--Any person who commits an offense 
described in subsection (a) in a circumstance in which--
            ``(1) the vessel was carrying a passenger at the time of 
        the offense; or
            ``(2) the offense has resulted in the death of any person--
    shall be guilty of an aggravated offense and shall be fined in 
accordance with this title or imprisoned for any term of years or for 
life.
    ``(d) Applicability.--This section shall apply to vessels that are 
subject to the jurisdiction of the United States, and vessels carrying 
passengers who are United States citizens or resident aliens, wherever 
located.
    ``(e) Definitions.--For purposes of this section--
            ``(1) the term `dangerous weapon' has the meaning given 
        such term in section 930(g);
            ``(2) the term `explosive or incendiary device' has the 
        meaning given such term in section 232(5);
            ``(3) the term `passenger' has the same meaning given such 
        term in section 2101(21) of title 46;
            ``(4) the term `passenger vessel' has the same meaning 
        given such term in section 2101(22) of title 46; and
            ``(5) the term `serious bodily injury' has the meaning 
        given such term in section 1365(g).''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 39 of title 18, United States Code, is amended by inserting 
after the item relating to section 831 the following:

``832. 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.

    (a) In General.--Chapter 109 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2237. Sanctions for failure to heave to; sanctions for 
              obstruction of boarding or providing false information
    ``(a) Failure To Heave To.--It shall be unlawful for the master, 
operator, or person in charge of a vessel of the United States, or a 
vessel subject to the jurisdiction of the United States, to knowingly 
fail to obey an order to heave to on being ordered to do so by an 
authorized Federal law enforcement officer.
    ``(b) Obstruction of Boarding and Providing False Information.--It 
shall be unlawful for any person on board a vessel of the United States 
or a vessel subject to the jurisdiction of the United States to--
            ``(1) forcibly assault, resist, oppose, prevent, impede, 
        intimidate, or interfere with a boarding or other law 
        enforcement action authorized by any Federal law, or to resist 
        a lawful arrest; or
            ``(2) provide information to a Federal law enforcement 
        officer during a boarding of a vessel regarding the vessel's 
        destination, origin, ownership, registration, nationality, 
        cargo, or crew that the person knows is false.
    ``(c) Limitations.--This section shall not limit the authority of--
            ``(1) an officer under section 581 of the Tariff Act of 
        1930 (19 U.S.C. 1581) or any other provision of law enforced or 
        administered by the Secretary of the Treasury or the Under 
        Secretary for Border and Transportation Security of the 
        Department of Homeland Security; or
            ``(2) a Federal law enforcement officer under any law of 
        the United States to order a vessel to stop or heave to.
    ``(d) Consent or Objection to Enforcement.--A foreign nation may 
consent or waive objection to the enforcement of United States law by 
the United States under this section by radio, telephone, or similar 
oral or electronic means, which consent or waiver may be proven by 
certification of the Secretary of State or the Secretary's designee.
    ``(e) Penalty.--Any person who intentionally violates this section 
shall be fined in accordance with this title and imprisoned not more 
than 1 year.
    ``(f) Definitions.--For purposes of this section--
            ``(1) the terms `vessel of the United States' and `vessel 
        subject to the jurisdiction of the United States' have the same 
        meanings as such terms in section 3 of the Maritime Drug Law 
        Enforcement Act (46 U.S.C. App. 1903);
            ``(2) the term `heave to' means to cause a vessel to slow, 
        come to a stop, or adjust its course or speed to account for 
        the weather conditions and sea state to facilitate a law 
        enforcement boarding; and
            ``(3) the term `Federal law enforcement officer' has the 
        same meaning as such term in section 115.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 109 of title 18, United States Code, is amended by adding at 
the end the following:

``2237. Sanctions for failure to heave to; sanctions for obstruction of 
                            boarding or providing false information.''.

SEC. 106. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST MARITIME NAVIGATION.

    Section 2280(a) of title 18, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by redesignating subparagraphs (F), (G), and 
                (H) as (G), (H), and (I), respectively;
                    (B) by inserting after subparagraph (E) the 
                following:
                    ``(F) destroys, damages, alters, moves, or tampers 
                with any aid to maritime navigation maintained by the 
                Saint Lawrence Seaway Development Corporation under the 
                authority of section 4 of the Act of May 13, 1954, (33 
                U.S.C. 984) or the Coast Guard pursuant to section 81 
                of title 14, or lawfully maintained by the Coast Guard 
                pursuant to section 83 of title 14, if such act 
endangers or is likely to endanger the safe navigation of a ship;''; 
and
                    (C) in subparagraph (I), as so redesignated, by 
                striking ``through (G)'' and inserting ``through (H)''; 
                and
            (2) in paragraph (2), by striking ``(C) or (E)'' and 
        inserting ``(C), (E), or (F)''.

SEC. 107. CRIMINAL SANCTIONS FOR MALICIOUS DUMPING.

    (a) In General.--Chapter 111 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2282. Knowing discharge or release
    ``(a) Endangerment of Human Life.--Any person who knowingly 
discharges or releases oil, a hazardous material, a noxious liquid 
substance, or any other substance into the navigable waters of the 
United States or the adjoining shoreline with the intent to endanger 
human life, health, or welfare--
            ``(1) shall be fined in accordance with this title and 
        imprisoned for any term of years or for life; and
            ``(2) if the death of any person results from conduct 
        prohibited under this section, may be punished by death.
    ``(b) Endangerment of Marine Environment.--Any person who knowingly 
discharges or releases oil, a hazardous material, a noxious liquid 
substance, or any other substance into the navigable waters of the 
United States or the adjacent shoreline with the intent to endanger the 
marine environment shall be fined in accordance with this title or 
imprisoned not more than 30 years, or both.
    ``(c) Definitions.--For purposes of this section--
            ``(1) the term `discharge' means any spilling, leaking, 
        pumping, pouring, emitting, emptying, or dumping;
            ``(2) the term `hazardous material' has the same meaning 
        given such term in section 2101(14) of title 46;
            ``(3) the term `marine environment' has the same meaning 
        given such term in section 2101(15) of title 46;
            ``(4) the term `navigable waters' has the same meaning 
        given such term in section 502(7) of the Federal Water 
        Pollution Control Act (33 U.S.C. 1362(7)), and also includes 
        the territorial sea of the United States as described in 
        Presidential Proclamation 5928 of December 27, 1988; and
            ``(5) the term `noxious liquid substance' has the same 
        meaning given such term in the MARPOL Protocol as defined in 
        section 2(a)(3) of the Act to Prevent Pollution from Ships (33 
        U.S.C. 1901(a)(3)).''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 111 of title 18, United States Code, is amended by adding at 
the end the following:

``2282. Knowing discharge or release.''.

SEC. 108. ATTORNEY GENERAL TO COORDINATE PORT-RELATED CRIME DATA 
              COLLECTION.

    (a) Regulations.--The Attorney General shall issue regulations to--
            (1) require the reporting by a carrier that is the victim 
        of a cargo theft offense to the Attorney General of information 
        on the cargo theft offense (including offenses occurring 
        outside ports of entry and ports of shipment origination) that 
        identifies the port of entry, the port where the shipment 
        originated, where the theft occurred, and any other information 
        specified by the Attorney General;
            (2) create a database to contain the reports described in 
        paragraph (1) and integrate those reports, to the extent 
        feasible, with other noncriminal justice and intelligence data, 
        such as insurer bill of lading, cargo contents and value, point 
        of origin, and lien holder filings; and
            (3) prescribe procedures for access to the database created 
        in accordance with paragraph (2) by appropriate Federal, State, 
        and local governmental agencies and private companies or 
        organizations, while limiting access to privacy of the 
        information in accordance with other applicable Federal laws.
    (b) Modification of Databases.--
            (1) In general.--United States Government agencies with 
        significant regulatory or law enforcement responsibilities at 
        United States ports shall, to the extent feasible, modify their 
        information databases to ensure the collection and 
        retrievability of data relating to crime, terrorism, and 
        related activities at, or affecting, United States ports.
            (2) Designation of Agencies.--The Attorney General, after 
        consultation with the Secretary of Homeland Security, shall 
        designate the agencies referred to in paragraph (1).
    (c) Outreach Program.--The Attorney General, in consultation with 
the Secretary of Homeland Security, the National Maritime Security 
Advisory Committee established under section 70112 of title 46, United 
States Code, and the appropriate Federal and State agencies, shall 
establish an outreach program--
            (1) to work with State and local law enforcement officials 
        to harmonize the reporting of data on cargo theft among States 
        and localities with the United States Government's reports; and
            (2) to work with local port security committees to 
        disseminate cargo theft information to appropriate law 
        enforcement officials.
    (d) Annual Report.--The Attorney General shall report annually to 
the Committee on the Judiciary of the Senate and the House of 
Representatives on the implementation of this section.
    (e) Interstate or Foreign Shipments by Carrier; State 
Prosecutions.--
            (1) State prosecutions.--Section 659 of title 18, United 
        States Code, is amended--
                    (A) in the first undesignated paragraph--
                            (i) by striking ``Whoever embezzles'' and 
                        inserting the following:
    ``(a) Offense; Penalty.--Whoever--
            ``(1) embezzles'';
                            (ii) by striking ``from any pipeline 
                        system'' and all that follows through ``with 
                        intent to convert to his own use''; and
                            (iii) by striking ``or'' at the end;
                    (B) in the second undesignated paragraph--
                            (i) by striking ``Whoever buys'' and 
                        inserting the following:
            ``(2) buys''; and
                            (ii) by striking ``or'' at the end;
                    (C) in the third undesignated paragraph--
                            (i) by striking ``Whoever embezzles'' and 
                        inserting the following''
            ``(3) embezzles''; and
                            (ii) by striking ``with intent to convert 
                        to his own use'';
                    (D) in the fourth undesignated paragraph, by 
                striking ``Whoever embezzles'' and inserting the 
                following:
            ``(4) embezzles'';
                    (E) in the fifth undesignated paragraph, by 
                striking ``Shall in each case'' and inserting the 
                following: ``shall in each case'';
                    (F) in the sixth undesignated paragraph, by 
                striking ``The'' and inserting the following:
    ``(b) Location of Offense.--The'';
                    (G) in the seventh undesignated paragraph, by 
                striking ``The'' and inserting the following:
    ``(c) Separate Offense.--The'';
                    (H) in the eighth undesignated paragraph, by 
                striking ``To'' and inserting the following:
    ``(d) Prima Facie Evidence.--To'';
                    (I) in the ninth undesignated paragraph, by 
                striking ``A'' and inserting the following:
    ``(e) Prosecution.--A''; and
                    (J) by adding at the end the following:
    ``(f) Civil Penalty.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, and in addition to any penalties that may be available 
        under any other provision of law, a person who is found by the 
        Secretary of Homeland Security, after notice and an opportunity 
        for a hearing, to have violated this section or a regulation 
        issued under this section shall be liable to the United States 
        for a civil penalty not to exceed $25,000 for each violation.
            ``(2) Separate violations.--Each day of a continuing 
        violation shall constitute a separate violation.
            ``(3) Amount of penalty.--
                    ``(A) In general.--The amount of a civil penalty 
                for a violation of this section or a regulation issued 
                under this section shall be assessed by the Attorney 
                General, or the designee of the Attorney General, by 
                written notice.
                    ``(B) Considerations.--In determining the amount of 
                a civil penalty under this paragraph, the Attorney 
                General shall take into account--
                            ``(i) the nature, circumstances, extent, 
                        and gravity of the prohibited act committed; 
                        and
                            ``(ii) with respect to the violator, the 
                        degree of culpability, any history of prior 
                        offenses, ability to pay, and such other 
                        matters as justice may require.
            ``(4) Modification of penalty.--The Secretary of Homeland 
        Security may compromise, modify, or remit, with or without 
        conditions, any civil penalty that is subject to imposition or 
        which has been imposed under this section.
            ``(5) Failure to pay.--If a person fails to pay an 
        assessment of a civil penalty after it has become final, the 
        Secretary of Homeland Security may refer the matter to the 
        Attorney General for collection in an appropriate district 
        court of the United States.
    ``(g) Definition.--For purposes of this section, the term `goods or 
chattels' means to be moving as an interstate or foreign shipment at 
all points between the point of origin and the final destination (as 
evidenced by the waybill or other shipping document of the shipment) 
regardless of any temporary stop while awaiting transshipment or 
otherwise.''.
            (2) Federal sentencing guidelines.--Pursuant to section 994 
        of title 28, United States Code, the United States Sentencing 
        Commission shall review the Federal Sentencing Guidelines to 
        determine whether sentencing enhancement is appropriate for any 
        offense under section 659 of title 18, United States Code, as 
        amended by this subsection.
            (3) Annual report.--The Attorney General shall annually 
        submit to Congress a report that shall include an evaluation of 
        law enforcement activities relating to the investigation and 
        prosecution of offenses under section 659 of title 18, United 
        States Code.

  TITLE II--PROTECTING UNITED STATES PORTS AGAINST TERRORISM AND CRIME

SEC. 201. DEFINITIONS.

    In this title:
            (1) Aircraft.--The term ``aircraft'' has the meaning given 
        that term in section 40102 of title 49, United States Code.
            (2) Captain-of-the-port.--The term ``Captain-of-the-Port'', 
        with respect to a United States seaport, means the individual 
        designated by the Commandant of the Coast Guard as the Captain-
        of-the-Port at that seaport.
            (3) Common carrier.--The term ``common carrier'' means any 
        person that holds itself out to the general public as a 
        provider for hire of a transportation by water, land, or air of 
        merchandise, whether or not the person actually operates the 
        vessel, vehicle, or aircraft by which the transportation is 
        provided, between a port or place and a port or place in the 
        United States.
            (4) Container.--The term ``container'' means a container 
        that is used or designed for use for the international 
        transportation of merchandise by vessel, vehicle, or aircraft.
            (5) Directorate.--The term ``Directorate'' means the Border 
        and Transportation Security Directorate of the Department of 
        Homeland Security.
            (6) Manufacturer.--The term ``manufacturer'' means a person 
        who fabricates or assembles merchandise for sale in commerce.
            (7) Merchandise.--The term ``merchandise'' has the meaning 
        given that term in section 401 of the Tariff Act of 1930 (19 
        U.S.C. 1401).
            (8) Shipment.--The term ``shipment'' means cargo traveling 
        in international commerce under a bill of lading.
            (9) United states seaport.--The term ``United States 
        seaport'' means a place in the United States on a waterway with 
        shoreside facilities for the intermodal transfer of cargo 
        containers that are used in international trade.
            (10) Vehicle.--The term ``vehicle'' has the meaning given 
        that term in section 401 of the Tariff Act of 1930 (19 U.S.C. 
        1401).
            (11) Vessel.--The term ``vessel'' has the meaning given 
        that term in section 401 of the Tariff Act of 1930 (19 U.S.C. 
        1401).

SEC. 202. DESIGNATED SECURITY AUTHORITY.

    The Captain-of-the-Port of each United States seaport shall be the 
primary authority responsible for security at the United States seaport 
and shall--
            (1) coordinate security at such seaport; and
            (2) be the point of contact on seaport security issues for 
        civilian and commercial port entities at such seaport.

SEC. 203. PENALTIES FOR INACCURATE MANIFEST.

    (a) Falsity or Lack of Manifest.--Section 584 of the Tariff Act of 
1930 (19 U.S.C. 1584) is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``$1,000'' each place it appears 
                and inserting ``$50,000''; and
                    (B) by striking ``$10,000'' and inserting 
                ``$50,000''; and
            (2) by adding at the end the following new subsection:
    ``(c) Criminal Penalties.--Any person who ships or prepares for 
shipment any merchandise bound for the United States who intentionally 
provides inaccurate or false information, whether inside or outside the 
United States, with respect to such merchandise for the purpose of 
introducing such merchandise into the United States in violation of the 
laws of the United States, shall be liable, upon conviction of a 
violation of this subsection, for a fine of not more than $50,000 or 
imprisonment for 1 year, or both; except that if the importation of 
such merchandise into the United States is prohibited, such person 
shall be liable for an additional fine of not more than $50,000 or 
imprisonment for not more than 5 years, or both.''.
    (b) Penalties for Violations of the Arrival, Reporting, Entry, and 
Clearance Requirements.--Subsections (b) and (c) of section 436 of 
Tariff Act of 1930 (19 U.S.C. 1436) are amended to read as follows:
    ``(b) Civil Penalty.--Any master, person in charge of a vessel, 
vehicle, or aircraft pilot who commits any violation listed in 
subsection (a) shall be liable for a civil penalty of $25,000 for the 
first violation, and $50,000 for each subsequent violation, and any 
conveyance used in connection with any such violation is subject to 
seizure and forfeiture.
    ``(c) Criminal Penalty.--In addition to being liable for a civil 
penalty under subsection (b), any master, person in charge of a vessel, 
vehicle, or aircraft pilot who intentionally commits or causes another 
to commit any violation listed in subsection (a) shall be liable, upon 
conviction, for a fine of not more than $50,000 or imprisonment for 1 
year, or both; except that if the conveyance has, or is discovered to 
have had, on board any merchandise (other than sea stores or the 
equivalent for conveyances other than vessels) the importation of which 
into the United States is prohibited, such individual shall be liable 
for an additional fine of not more than $50,000 or imprisonment for not 
more than 5 years, or both.''.

SEC. 204. INSPECTION OF MERCHANDISE AT FOREIGN FACILITIES.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of Homeland Security shall submit to Congress a plan to--
            (1) station inspectors from the Directorate, other Federal 
        agencies, or the private sector at the foreign facilities of 
        manufacturers or common carriers to profile and inspect 
        merchandise and the containers or other means by which such 
        merchandise is transported as they are prepared for shipment on 
        a vessel that will arrive at any port or place in the United 
        States;
            (2) develop procedures to ensure the security of 
        merchandise inspected as described in paragraph (1) until it 
        reaches the United States; and
            (3) permit merchandise inspected as described in paragraph 
        (1) to receive expedited inspection upon arrival in the United 
        States.
                                 <all>
```