I 

109TH CONGRESS 

1ST SESSION H. R. 173

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

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 2005

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

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

on Transportation and Infrastructure, Ways and Means, and Homeland 

Security, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To prevent and respond to terrorism and crime at or through 

ports.

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

3 SECTION 1. SHORT TITLE. 

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

5 ‘‘Anti-Terrorism and Port Security Act of 2005’’. 

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

7 this Act is as follows:

Sec. 1. Short title; table of contents. 

TITLE I—DETERRING AND PUNISHING TERRORISM AND CRIME 

AT UNITED STATES PORTS 
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Sec. 101. Destruction or interference with vessels or maritime facilities. 

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

in United States jurisdictional waters. 

Sec. 103. Piracy and privateering. 

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

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

providing false information. 

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

Sec. 107. Criminal sanctions for malicious dumping. 

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

TITLE II—PROTECTING UNITED STATES PORTS AGAINST 

TERRORISM AND CRIME 

Subtitle A—General Provision 

Sec. 201. Definitions. 

Subtitle B—Security Authority 

Sec. 211. Designated security authority. 

Subtitle C—Securing the Supply Chain 

Sec. 221. Penalties for inaccurate manifest. 

Sec. 222. Shipment profiling plan. 

Sec. 223. Inspection of merchandise at foreign facilities. 

Subtitle D—Security of Seaports and Containers 

Sec. 231. Seaport security requirements. 

Sec. 232. Seaport security cards. 

Sec. 233. Securing sensitive information. 

Sec. 234. Container security. 

Sec. 235. Office and inspection facilities. 

Sec. 236. Security grants to seaports. 

TITLE III—AUTHORIZATION 

Sec. 301. Authorization of appropriations.

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: 
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1 ‘‘CHAPTER 66—MARITIME VESSELS

‘‘Sec. 

‘‘1371. Jurisdiction and scope. 

‘‘1372. Destruction of vessel or maritime facility. 

‘‘1373. Imparting or conveying false information.

2 ‘‘§ 1371 Jurisdiction and scope 

3 ‘‘(a) IN GENERAL.—There is jurisdiction under sec4 tion 3231 over an offense under this chapter if—

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

6 the United States, or in waters or submerged lands 

7 thereunder subject to the jurisdiction of the United 

8 States; or 

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

10 the United States, and—

11 ‘‘(A) an offender or a victim of the prohib12 ited activity is a citizen of the United States; 

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

14 board a vessel to which this chapter applies; or 

15 ‘‘(C) the prohibited activity involves a ves16 sel of the United States. 

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

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

19 the direction of, the United States Government. 

20 ‘‘§ 1372. Destruction of vessel or maritime facility 

21 ‘‘(a) OFFENSES.—It shall be unlawful for any per22 son—

23 ‘‘(1) to willfully—
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1 ‘‘(A) set fire to, damage, destroy, disable, 

2 or wreck any vessel; or 

3 ‘‘(B) place or cause to be placed a destruc4 tive device or destructive substance in, upon, or 

5 in proximity to, or otherwise make or cause to 

6 be made an unworkable or unusable or haz7 ardous to work or use, any vessel (as defined in 

8 section 3 of title 1), or any part or other mate9 rials used or intended to be used in connection 

10 with the operation of a vessel; or 

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

12 or displace a destructive device or destructive 

13 substance in, upon, or in proximity to, any mar14 itime facility, including any aid to navigation, 

15 lock, canal, or vessel traffic service facility or 

16 equipment, or interfere by force or violence with 

17 the operation of such maritime facility, if such 

18 action is likely to endanger the safety of any 

19 vessel in navigation; 

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

21 or place a destructive device or destructive sub22 stance in, upon, or in proximity to any appli23 ance, structure, property, machine, apparatus, 

24 or any facility or other material used or in25 tended to be used in connection with the oper-
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1 ation, maintenance, loading, unloading, or stor2 age of any vessel or any passenger or cargo car3 ried on, or intended to be carried on, any vessel; 

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

5 incapacitate an individual on a vessel, if such 

6 act of violence or incapacitation is likely to en7 danger the safety of the vessel or those on 

8 board; 

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

10 person that causes or is likely to cause serious 

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

12 appliance, structure, property, machine, appa13 ratus, or any facility or other material used or 

14 intended to be used in connection with the oper15 ation, maintenance, loading, unloading, or stor16 age of any vessel or any passenger or cargo car17 ried or intended to be carried on any vessel; or 

18 ‘‘(G) communicate information, knowing 

19 the information to be false and under cir20 cumstances in which such information may rea21 sonably be believed, thereby endangering the 

22 safety of any vessel in navigation; or 

23 ‘‘(2) to attempt or conspire to do anything pro24 hibited under paragraph (1). 

25 ‘‘(b) PENALTY.—Any person who—
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1 ‘‘(1) violates subparagraph (A) or (B) of sub2 section (a)(1) shall be fined in accordance with this 

3 title or imprisoned for a maximum life imprisonment 

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

5 to the death penalty; and 

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

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

8 be fined in accordance with this title or imprisoned 

9 not more than 20 years, or both. 

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

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

12 an offense that involved a vessel that, at the time the viola13 tion occurred, carried high-level radioactive waste or spent 

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

15 imprisoned for not less than 30 years, or for life. 

16 ‘‘(d) THREATENED OFFENSE.—Any person who will17 fully imparts or conveys any threat to do an act which 

18 would violate this chapter, with an apparent determination 

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

20 ‘‘(1) fined in accordance with this title or im21 prisoned not more than 5 years, or both; and 

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

23 such threat. 

24 ‘‘(e) DEFINITIONS.—For purposes of this section—
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1 ‘‘(1) the term ‘destructive device’ has the mean2 ing as such term in section 921(a)(4); 

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

4 meaning as such term in section 31; 

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

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

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

8 10101(12)); 

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

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

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

12 meaning as such term in section 2(23) of the Nu13 clear Waste Policy Act of 1982 (42 U.S.C. 

14 10101(23)). 

15 ‘‘§ 1373. Imparting or conveying false information 

16 ‘‘(a) IN GENERAL.—Any person who imparts or con17 veys, or causes to be imparted or conveyed, false informa18 tion, knowing the information to be false, concerning an 

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

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

21 2, 97, or 111, shall be subject to a civil penalty of not 

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

23 action brought in the name of the United States. 

24 ‘‘(b) INCREASED PENALTY.—Any person who will25 fully and maliciously, or with reckless disregard for the 
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1 safety of human life, imparts or conveys, or causes to be 

2 imparted or conveyed, false information, knowing the in3 formation to be false, concerning an attempt or alleged 

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

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

6 shall be fined in accordance with this title or imprisoned 

7 not more than 5 years, or both.’’. 

8 (b) TECHNICAL AND CONFORMING AMENDMENT.—

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

10 amended by inserting after the item relating to chapter 

11 65 the following:

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

12 SEC. 102. CRIMINAL SANCTIONS FOR PLACEMENT OF DE13 STRUCTIVE DEVICES OR SUBSTANCES IN 

14 UNITED STATES JURISDICTIONAL WATERS. 

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

16 States Code, is amended by inserting after section 2280 

17 the following: 

18 ‘‘§ 2280A. Devices or substances in waters of the 

19 United States likely to destroy or damage 

20 Ships 

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

22 places or causes to be placed in waters subject to the juris23 diction of the United States, by any means, a device or 

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

25 ship or its cargo, or cause interference with the safe navi-
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1 gation of vessels or interference with maritime commerce, 

2 such as by damaging or destroying marine terminals, fa3 cilities, and any other maritime structure or entity used 

4 in maritime commerce, with the intent of causing such de5 struction or damage—

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

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

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

9 conduct prohibited under this section, may be pun10 ished by death. 

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

12 be construed to apply to otherwise lawfully authorized and 

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

14 (b) TECHNICAL AND CONFORMING AMENDMENT.—

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

16 States Code, is amended by inserting after the item relat17 ing to section 2280 the following:

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

or damage ships.’’.

18 SEC. 103. PIRACY AND PRIVATEERING. 

19 Chapter 81 of title 18, United States Code, is amend20 ed to read as follows: 

21 ‘‘CHAPTER 81—PIRACY AND 

22 PRIVATEERING

‘‘Sec. 

‘‘1651. Piracy. 

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

maritime structure. 
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‘‘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.

1 ‘‘§ 1651. Piracy 

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

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

4 shall be imprisoned for life. 

5 ‘‘§ 1652. Crimes against United States persons or 

6 property on board a ship or maritime 

7 structure 

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

9 detention, or depredation against the United States, in10 cluding any vessel of the United States, citizen of the 

11 United States, any commercial structure owned in whole 

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

13 or any United States citizen or resident alien, or the prop14 erty of that citizen or resident alien, on board a ship or 

15 maritime structure and is afterwards brought into or 

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

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

18 both. 
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1 ‘‘§ 1653. Crimes against persons on board a ship or 

2 maritime structure within the territorial 

3 jurisdiction of the United States 

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

5 detention, or depredation against an individual on board 

6 a ship or maritime structure, or the property of that indi7 vidual, in waters or submerged lands thereunder, subject 

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

9 accordance with this title or imprisoned not more than 20 

10 years, or both. 

11 ‘‘§ 1654. Crimes by United States citizens or resident 

12 aliens 

13 ‘‘Any person, being a United States citizen or resi14 dent alien, or purporting to act under the authority of the 

15 United States, who commits any illegal act of violence, de16 tention, or depredation against an individual on board a 

17 ship or maritime structure, or the property of that indi18 vidual, shall be fined in accordance with this title or im19 prisoned not more than 20 years, or both. 

20 ‘‘§ 1655. Privateering 

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

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

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

24 or depredation against an individual, or the property of 

25 that individual, or any vessel or maritime structure with-
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1 out the express authority of the United States Government 

2 when—

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

4 States citizen or resident alien, or purports to act 

5 under authority of the United States; 

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

7 committed is a United States citizen or resident 

8 alien or the property, vessel, or maritime structure 

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

10 States citizen or resident alien; or 

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

12 detention, or depredation is committed in waters 

13 subject to the jurisdiction of the United States. 

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

15 (a) shall be fined in accordance with this title or impris16 oned not more than 20 years, or both. 

17 ‘‘§ 1656. Theft or conversion of vessel, maritime struc18 ture, cargo, or effects 

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

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

21 or maritime structure to assist in the theft or conversion 

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

23 when—
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1 ‘‘(1) the perpetrator is a United States citizen 

2 or resident alien, or purports to act under the au3 thority of the United States; 

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

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

6 States citizen or resident alien; or 

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

8 committed in waters subject to the jurisdiction of 

9 the United States. 

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

11 (a) shall be fined in accordance with this title or impris12 oned not more than 20 years, or both. 

13 ‘‘§ 1657. Intentional wrecking or plunder of a vessel, 

14 maritime structure, cargo, or effects 

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

16 to—

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

18 or maritime structure by act or omission, either di19 rectly such as by intentional grounding, or indirectly 

20 by modification or destruction of any navigational 

21 marker or safety device; 

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

23 vessel, maritime structure, cargo, or effects when 

24 such vessel or maritime structure is in distress, 

25 wrecked, lost, stranded, or cast away; or 
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1 ‘‘(3) intentionally obstruct or interfere with the 

2 rescue of a person on board a vessel or maritime 

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

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

5 structure, cargo, or effects, when—

6 ‘‘(A) the perpetrator is a United States cit7 izen or resident alien, or purports to act under 

8 authority of the United States; 

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

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

11 United States citizen or resident alien; or 

12 ‘‘(C) some element of the theft or conver13 sion is committed in waters subject to the juris14 diction of the United States. 

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

16 (a) shall be fined in accordance with this title or impris17 oned not more than 20 years, or both. 

18 ‘‘§ 1658. Knowing receipt of an illegally acquired ves19 sel, maritime structure, cargo, or effects 

20 ‘‘Any person who knowingly receives or acquires a 

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

22 obtained by action falling under any section of this chapter 

23 shall be fined in accordance with this title or imprisoned 

24 not more than 20 years, or both. 
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1 ‘‘§ 1659. Attempts 

2 ‘‘Any person who attempts any act which, if com3 mitted, would constitute an offense under this chapter 

4 shall be fined in accordance with this title or imprisoned 

5 not more than 20 years, or both. 

6 ‘‘§ 1660. Accessories 

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

8 knowingly assists any person in the commission of an act 

9 that constitutes an offense under this chapter shall be 

10 fined in accordance with this title or imprisoned not more 

11 than 20 years, or both. 

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

13 who knowingly assists any person in avoiding the con14 sequences of an act that constitutes an offense under this 

15 chapter shall be fined in accordance with this title or im16 prisoned not more than 20 years, or both. 

17 ‘‘§ 1661. Inapplicability to United States Government 

18 activities 

19 ‘‘Nothing in this chapter shall apply to otherwise law20 ful activities—

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

22 United States Government; or 

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

24 reprisal issued by the United States Government.’’. 
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1 SEC. 104. USE OF A DANGEROUS WEAPON OR EXPLOSIVE 

2 ON A PASSENGER VESSEL. 

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

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

5 following: 

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

7 passenger vessel 

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

9 to willfully—

10 ‘‘(1) commit an act, including the use of a dan11 gerous weapon, explosive, or incendiary device, with 

12 the intent to cause death or serious bodily injury to 

13 a crew member or passenger of a passenger vessel 

14 or any other person while on board a passenger ves15 sel; or 

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

17 act referred to in paragraph (1). 

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

19 (a) shall be fined in accordance with this title or impris20 oned not more than 20 years, or both. 

21 ‘‘(c) AGGRAVATED OFFENSE.—Any person who com22 mits an offense described in subsection (a) in a cir23 cumstance in which—

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

25 time of the offense; or 
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1 ‘‘(2) the offense has resulted in the death of 

2 any person; 

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

4 in accordance with this title or imprisoned for any term 

5 of years or for life. 

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

7 vessels that are subject to the jurisdiction of the United 

8 States, and vessels carrying passengers who are United 

9 States citizens or resident aliens, wherever located. 

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

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

12 meaning given such term in section 930(g); 

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

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

15 ‘‘(3) the term ‘passenger’ has the same mean16 ing given such term in section 2101(21) of title 46; 

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

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

19 46; and 

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

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

22 (b) TECHNICAL AND CONFORMING AMENDMENT.—

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

24 States Code, is amended by inserting after the item relat25 ing to section 831 the following:

‘‘832. Use of a dangerous weapon or explosive on a passenger vessel.’’.
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1 SEC. 105. SANCTIONS FOR FAILURE TO HEAVE TO AND FOR 

2 OBSTRUCTION OF BOARDING AND PRO3 VIDING FALSE INFORMATION. 

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

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

7 ‘‘§ 2237. Sanctions for failure to heave to; sanctions 

8 for obstruction of boarding or providing 

9 false information 

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

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

12 of the United States, or a vessel subject to the jurisdiction 

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

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

15 Federal law enforcement officer. 

16 ‘‘(b) OBSTRUCTION OF BOARDING AND PROVIDING

17 FALSE INFORMATION.—It shall be unlawful for any per18 son on board a vessel of the United States or a vessel sub19 ject to the jurisdiction of the United States to—

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

21 impede, intimidate, or interfere with a boarding or 

22 other law enforcement action authorized by any Fed23 eral law, or to resist a lawful arrest; or 

24 ‘‘(2) provide information to a Federal law en25 forcement officer during a boarding of a vessel re26 garding the vessel’s destination, origin, ownership, 
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1 registration, nationality, cargo, or crew that the per2 son knows is false. 

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

4 authority of—

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

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

7 of law enforced or administered by the Secretary of 

8 the Treasury or the Under Secretary for Border and 

9 Transportation Security of the Department of 

10 Homeland Security; or 

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

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

13 stop or heave to. 

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

15 A foreign nation may consent or waive objection to the 

16 enforcement of United States law by the United States 

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

18 electronic means, which consent or waiver may be proven 

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

20 designee. 

21 ‘‘(e) PENALTY.—Any person who intentionally vio22 lates this section shall be fined in accordance with this 

23 title and imprisoned not more than 1 year. 

24 ‘‘(f) DEFINITIONS.—For purposes of this section—
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1 ‘‘(1) the terms ‘vessel of the United States’ and 

2 ‘vessel subject to the jurisdiction of the United 

3 States’ have the same meanings as such terms in 

4 section 3 of the Maritime Drug Law Enforcement 

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

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

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

8 to account for the weather conditions and sea state 

9 to facilitate a law enforcement boarding; and 

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

11 has the same meaning as such term in section 

12 115.’’. 

13 (b) TECHNICAL AND CONFORMING AMENDMENT.—

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

15 States Code, is amended by adding at the end the fol16 lowing:

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

or providing false information.’’.

17 SEC. 106. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST 

18 MARITIME NAVIGATION. 

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

20 amended—

21 (1) in paragraph (1)—

22 (A) by redesignating subparagraphs (F), 

23 (G), and (H) as (G), (H), and (I), respectively; 
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1 (B) by inserting after subparagraph (E) 

2 the following: 

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

4 tampers with any aid to maritime navigation 

5 maintained by the Saint Lawrence Seaway De6 velopment Corporation under the authority of 

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

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

9 section 81 of title 14, or lawfully maintained by 

10 the Coast Guard pursuant to section 83 of title 

11 14, if such act endangers or is likely to endan12 ger the safe navigation of a ship;’’; and 

13 (C) in subparagraph (I), as so redesig14 nated, by striking ‘‘through (G)’’ and inserting 

15 ‘‘through (H)’’; and 

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

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

18 SEC. 107. CRIMINAL SANCTIONS FOR MALICIOUS DUMPING. 

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

20 States Code, is amended by adding at the end the fol21 lowing: 

22 ‘‘§ 2282. Knowing discharge or release 

23 ‘‘(a) ENDANGERMENT OF HUMAN LIFE.—Any per24 son who knowingly discharges or releases oil, a hazardous 

25 material, a noxious liquid substance, or any other sub-
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1 stance into the navigable waters of the United States or 

2 the adjoining shoreline with the intent to endanger human 

3 life, health, or welfare—

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

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

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

7 conduct prohibited under this section, may be pun8 ished by death. 

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

10 Any person who knowingly discharges or releases oil, a 

11 hazardous material, a noxious liquid substance, or any 

12 other substance into the navigable waters of the United 

13 States or the adjacent shoreline with the intent to endan14 ger the marine environment shall be fined in accordance 

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

16 both. 

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

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

19 leaking, pumping, pouring, emitting, emptying, or 

20 dumping; 

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

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

23 of title 46; 
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1 ‘‘(3) the term ‘marine environment’ has the 

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

3 of title 46; 

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

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

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

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

8 United States as described in Presidential Proclama9 tion 5928 of December 27, 1988; and 

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

11 same meaning given such term in the MARPOL 

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

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

14 1901(a)(3)).’’. 

15 (b) TECHNICAL AND CONFORMING AMENDMENT.—

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

17 States Code, is amended by adding at the end the fol18 lowing:

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

19 SEC. 108. ATTORNEY GENERAL TO COORDINATE PORT-RE20 LATED CRIME DATA COLLECTION. 

21 (a) REGULATIONS.—The Attorney General shall 

22 issue regulations to—

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

24 victim of a cargo theft offense to the Attorney Gen25 eral of information on the cargo theft offense (in-
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1 cluding offenses occurring outside ports of entry and 

2 ports of shipment origination) that identifies the 

3 port of entry, the port where the shipment origi4 nated, where the theft occurred, and any other infor5 mation specified by the Attorney General; 

6 (2) create a database to contain the reports de7 scribed in paragraph (1) and integrate those reports, 

8 to the extent feasible, with other noncriminal justice 

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

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

11 holder filings; and 

12 (3) prescribe procedures for access to the data13 base created in accordance with paragraph (2) by 

14 appropriate Federal, State, and local governmental 

15 agencies and private companies or organizations, 

16 while limiting access to privacy of the information in 

17 accordance with other applicable Federal laws. 

18 (b) MODIFICATION OF DATABASES.—

19 (1) IN GENERAL.—United States Government 

20 agencies with significant regulatory or law enforce21 ment responsibilities at United States ports shall, to 

22 the extent feasible, modify their information data23 bases to ensure the collection and retrievability of 

24 data relating to crime, terrorism, and related activi25 ties at, or affecting, United States ports. 
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1 (2) DESIGNATION OF AGENCIES.—The Attorney 

2 General, after consultation with the Secretary of 

3 Homeland Security, shall designate the agencies re4 ferred to in paragraph (1). 

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

6 consultation with the Secretary of Homeland Security, the 

7 National Maritime Security Advisory Committee estab8 lished under section 70112 of title 46, United States Code, 

9 and the appropriate Federal and State agencies, shall es10 tablish an outreach program—

11 (1) to work with State and local law enforce12 ment officials to harmonize the reporting of data on 

13 cargo theft among States and localities with the 

14 United States Government’s reports; and 

15 (2) to work with local port security committees 

16 to disseminate cargo theft information to appro17 priate law enforcement officials. 

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

19 report annually to the Committee on the Judiciary of the 

20 Senate and the House of Representatives on the imple21 mentation of this section. 

22 (e) INTERSTATE OR FOREIGN SHIPMENTS BY CAR23 RIER; STATE PROSECUTIONS.—

24 (1) STATE PROSECUTIONS.—Section 659 of 

25 title 18, United States Code, is amended—
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•HR 173 IH 

1 (A) in the first undesignated paragraph—

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

3 and inserting the following: 

4 ‘‘(a) OFFENSE; PENALTY.—Whoever—

5 ‘‘(1) embezzles’’; 

6 (ii) by striking ‘‘from any pipeline sys7 tem’’ and all that follows through ‘‘with in8 tent to convert to his own use’’; and 

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

10 (B) in the second undesignated para11 graph—

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

13 inserting the following: 

14 ‘‘(2) buys’’; and 

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

16 (C) in the third undesignated paragraph—

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

18 and inserting the following’’

19 ‘‘(3) embezzles’’; and 

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

21 to his own use’’; 

22 (D) in the fourth undesignated paragraph, 

23 by striking ‘‘Whoever embezzles’’ and inserting 

24 the following: 

25 ‘‘(4) embezzles’’; 
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•HR 173 IH 

1 (E) in the fifth undesignated paragraph, 

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

3 the following: 

4 ‘‘shall in each case’’; 

5 (F) in the sixth undesignated paragraph, 

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

7 ‘‘(b) LOCATION OF OFFENSE.—The’’; 

8 (G) in the seventh undesignated para9 graph, by striking ‘‘The’’ and inserting the fol10 lowing’’

11 ‘‘(c) SEPARATE OFFENSE.—The’’; 

12 (H) in the eighth undesignated paragraph, 

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

14 ‘‘(d) PRIMA FACIE EVIDENCE.—To’’; 

15 (I) in the ninth undesignated paragraph, 

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

17 ‘‘(e) PROSECUTION.—A’’; and 

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

19 ‘‘(f) CIVIL PENALTY.—

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

21 provision of law, and in addition to any penalties 

22 that may be available under any other provision of 

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

24 Homeland Security, after notice and an opportunity 

25 for a hearing, to have violated this section or a regu-
28

•HR 173 IH 

1 lation issued under this section shall be liable to the 

2 United States for a civil penalty not to exceed 

3 $25,000 for each violation. 

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

5 continuing violation shall constitute a separate viola6 tion. 

7 ‘‘(3) AMOUNT OF PENALTY.—

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

9 penalty for a violation of this section or a regu10 lation issued under this section shall be as11 sessed by the Attorney General, or the designee 

12 of the Attorney General, by written notice. 

13 ‘‘(B) CONSIDERATIONS.—In determining 

14 the amount of a civil penalty under this para15 graph, the Attorney General shall take into ac16 count—

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

18 and gravity of the prohibited act com19 mitted; and 

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

21 degree of culpability, any history of prior 

22 offenses, ability to pay, and such other 

23 matters as justice may require. 

24 ‘‘(4) MODIFICATION OF PENALTY.—The Sec25 retary of Homeland Security may compromise, mod-
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•HR 173 IH 

1 ify, or remit, with or without conditions, any civil 

2 penalty that is subject to imposition or which has 

3 been imposed under this section. 

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

5 an assessment of a civil penalty after it has become 

6 final, the Secretary of Homeland Security may refer 

7 the matter to the Attorney General for collection in 

8 an appropriate district court of the United States. 

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

10 term ‘goods or chattels’ means to be moving as an inter11 state or foreign shipment at all points between the point 

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

13 waybill or other shipping document of the shipment) re14 gardless of any temporary stop while awaiting trans15 shipment or otherwise.’’. 

16 (2) FEDERAL SENTENCING GUIDELINES.—Pur17 suant to section 994 of title 28, United States Code, 

18 the United States Sentencing Commission shall re19 view the Federal Sentencing Guidelines to determine 

20 whether sentencing enhancement is appropriate for 

21 any offense under section 659 of title 18, United 

22 States Code, as amended by this subsection. 

23 (3) ANNUAL REPORT.—The Attorney General 

24 shall annually submit to Congress a report that shall 

25 include an evaluation of law enforcement activities 
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•HR 173 IH 

1 relating to the investigation and prosecution of of2 fenses under section 659 of title 18, United States 

3 Code. 

4 TITLE II—PROTECTING UNITED 

5 STATES PORTS AGAINST TER6 RORISM AND CRIME 

7 Subtitle A—General Provision 

8 SEC. 201. DEFINITIONS. 

9 In this title: 

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

11 meaning given that term in section 40102 of title 

12 49, United States Code. 

13 (2) CAPTAIN-OF-THE-PORT.—The term ‘‘Cap14 tain-of-the-Port’’, with respect to a United States 

15 seaport, means the individual designated by the 

16 Commandant of the Coast Guard as the Captain-of17 the-Port at that seaport. 

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

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

20 the general public as a provider for hire of a trans21 portation by water, land, or air of merchandise, 

22 whether or not the person actually operates the ves23 sel, vehicle, or aircraft by which the transportation 

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

25 place in the United States. 
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1 (4) CONTAINER.—The term ‘‘container’’ means 

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

3 international transportation of merchandise by ves4 sel, vehicle, or aircraft. 

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

6 means the Border and Transportation Security Di7 rectorate of the Department of Homeland Security. 

8 (6) MANUFACTURER.—The term ‘‘manufac9 turer’’ means a person who fabricates or assembles 

10 merchandise for sale in commerce. 

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

12 has the meaning given that term in section 401 of 

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

14 (8) OCEAN TRANSPORTATION INTERMEDIARY.—

15 The term ‘‘ocean transportation intermediary’’ has 

16 the meaning given that term in section 515.2 of title 

17 46, Code of Federal Regulations (as in effect on 

18 January 1, 2003). 

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

20 cargo traveling in international commerce under a 

21 bill of lading. 

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

23 (A) a cargo owner; 

24 (B) the person for whose account ocean 

25 transportation is provided; 
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1 (C) the person to whom delivery of mer2 chandise is to be made; or 

3 (D) a common carrier that accepts respon4 sibility for payment of all charges applicable 

5 under a tariff or service contract. 

6 (11) UNITED STATES SEAPORT.—The term 

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

8 United States on a waterway with shoreside facilities 

9 for the intermodal transfer of cargo containers that 

10 are used in international trade. 

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

12 meaning given that term in section 401 of the Tariff 

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

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

15 meaning given that term in section 401 of the Tariff 

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

17 Subtitle B—Security Authority 

18 SEC. 211. DESIGNATED SECURITY AUTHORITY. 

19 The Captain-of-the-Port of each United States sea20 port shall be the primary authority responsible for security 

21 at the United States seaport and shall—

22 (1) coordinate security at such seaport; and 

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

24 issues for civilian and commercial port entities at 

25 such seaport. 
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1 Subtitle C—Securing the Supply 

2 Chain 

3 SEC. 221. PENALTIES FOR INACCURATE MANIFEST. 

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

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

6 (1) in subsection (a)(1)—

7 (A) by striking ‘‘$1,000’’ each place it ap8 pears and inserting ‘‘$50,000’’; and 

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

10 ‘‘$50,000’’; and 

11 (2) by adding at the end the following new sub12 section: 

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

14 or prepares for shipment any merchandise bound for the 

15 United States who intentionally provides inaccurate or 

16 false information, whether inside or outside the United 

17 States, with respect to such merchandise for the purpose 

18 of introducing such merchandise into the United States 

19 in violation of the laws of the United States, shall be lia20 ble, upon conviction of a violation of this subsection, for 

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

22 year, or both; except that if the importation of such mer23 chandise into the United States is prohibited, such person 

24 shall be liable for an additional fine of not more than 
34

•HR 173 IH 

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 
35

•HR 173 IH 

1 for an additional fine of not more than $50,000 or impris2 onment for not more than 5 years, or both.’’. 

3 SEC. 222. SHIPMENT PROFILING PLAN. 

4 (a) IN GENERAL.—The Secretary of Homeland Secu5 rity shall develop a shipment profiling plan to track con6 tainers and shipments of merchandise to be imported into 

7 the United States. The tracking system shall be designed 

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

9 of the United States before such shipment enters the 

10 United States. 

11 (b) INFORMATION REQUIREMENTS.—

12 (1) CONTENT.—The shipment profiling plan re13 quired by subsection (a) shall at a minimum—

14 (A) require common carriers, shippers, and 

15 ocean transportation intermediaries to provide 

16 appropriate information regarding each ship17 ment of merchandise to the Secretary of Home18 land Security; and 

19 (B) require shippers to use a standard 

20 international bill of lading for each shipment 

21 that includes—

22 (i) the weight of the cargo; 

23 (ii) the value of the cargo; 

24 (iii) the vessel name; 

25 (iv) the voyage number; 
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•HR 173 IH 

1 (v) a description of each container; 

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

3 and contents of the shipment; 

4 (vii) the code number from the Har5 monized Tariff Schedule; 

6 (viii) the port of destination; 

7 (ix) the final destination of the cargo; 

8 (x) the means of conveyance of the 

9 cargo; 

10 (xi) the origin of the cargo; 

11 (xii) the name of the precarriage de12 liverer or agent; 

13 (xiii) the port at which the cargo was 

14 loaded; 

15 (xiv) the name of the formatting 

16 agent; 

17 (xv) the bill of lading number; 

18 (xvi) the name of the shipper; 

19 (xvii) the name of the consignee; 

20 (xviii) the universal transaction num21 ber or carrier code assigned to the shipper 

22 by the Secretary; 

23 (xix) the information contained in the 

24 continuous synopsis record for the vessel 

25 transporting the shipment; and 
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•HR 173 IH 

1 (xx) any additional information that 

2 the Secretary by regulation determines is 

3 reasonably necessary to ensure seaport 

4 safety. 

5 (2) CONTINUOUS SYNOPSIS RECORD DE6 FINED.—In this subsection, the term ‘‘continuous 

7 synopsis record’’ means the continuous synopsis 

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

9 the Annex to the International Convention of the 

10 Safety of Life at Sea, 1974. 

11 (3) EFFECTIVE DATE.—The requirement im12 posed under clause (xix) of paragraph (1)(B) shall 

13 take effect on July 1, 2004. 

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

15 Homeland Security shall combine the information de16 scribed in subsection (b) with other law enforcement and 

17 national security information that the Secretary deter18 mines useful to assist in locating containers and shipments 

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

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

21 shipment within the container that will enter the United 

22 States. 

23 (d) CARGO SCREENING.—

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

25 shall review the profile of a shipment that a shipper 
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•HR 173 IH 

1 desires to transport into the United States to deter2 mine whether the shipment or the container in which 

3 it is carried should be subjected to additional inspec4 tion by the Directorate. In making such a deter5 mination, an officer shall consider, in addition to 

6 any other relevant factors—

7 (A) whether the shipper has regularly 

8 shipped cargo to the United States in the past; 

9 and 

10 (B) the specificity of the description of the 

11 shipment’s contents. 

12 (2) NOTIFICATION.—The Secretary of Home13 land Security shall transmit to the shipper and the 

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

15 which a shipment is located a notification of whether 

16 the shipment is to be subjected to additional inspec17 tion as described in paragraph (1). 

18 (e) CONSISTENCY WITH THE NATIONAL CUSTOMS

19 AUTOMATION PROGRAM.—The Secretary of Homeland Se20 curity, in consultation with the Secretary of the Treasury, 

21 shall ensure that the National Customs Automation Pro22 gram established pursuant to section 411 of the Tariff Act 

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

24 profile plan developed under this section. 
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1 SEC. 223. INSPECTION OF MERCHANDISE AT FOREIGN FA2 CILITIES. 

3 Not later than 180 days after the date of enactment 

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

6 (1) station inspectors from the Directorate, 

7 other Federal agencies, or the private sector at the 

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

11 is transported as they are prepared for shipment on 

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

13 United States; 

14 (2) develop procedures to ensure the security of 

15 merchandise inspected as described in paragraph (1) 

16 until it reaches the United States; and 

17 (3) permit merchandise inspected as described 

18 in paragraph (1) to receive expedited inspection 

19 upon arrival in the United States. 

20 Subtitle D—Security of Seaports 

21 and Containers 

22 SEC. 231. SEAPORT SECURITY REQUIREMENTS. 

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

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

26 minimum security requirements, including security per-
40

•HR 173 IH 

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

3 (1) limit private vehicle access to the terminal 

4 area of a United States seaport to vehicles that are 

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

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

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

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

13 without a seaport specific access pass; 

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

15 other appropriate law enforcement officers, at 

16 United States seaports be provided with, and utilize, 

17 personal radiation detection pagers to increase the 

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

21 (5) require that the terminal area of each 

22 United States seaport be equipped with—

23 (A) a secure perimeter; 

24 (B) monitored or locked access points; and 

25 (C) sufficient lighting; and 
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•HR 173 IH 

1 (6) include any additional security requirement 

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

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

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

7 prohibited from—

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

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

12 (A) weighs more than 100 gross tons; 

13 (B) carries more than 12 passengers for 

14 hire; and 

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

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

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

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

20 the Secretary determines that it is not appropriate for 

21 such seaport to implement the requirement. 

22 SEC. 232. SEAPORT SECURITY CARDS. 

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

24 amended—
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•HR 173 IH 

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

2 following: 

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

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

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

7 vessel or facility that is designated as a secure area 

8 by the Secretary for purposes of a security plan for 

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

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

12 a United States seaport or who is employed by a 

13 common carrier that transports merchandise to or 

14 from a United States seaport from entering a 

15 United States seaport. 

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

17 may not apply to—

18 ‘‘(A) an individual who—

19 ‘‘(i) holds a transportation security card 

20 issued under this section; and 

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

24 is designated as a secure area by the Secretary 

25 for purposes of a security plan for the vessel or 
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•HR 173 IH 

1 facility approved by the Secretary under section 

2 70103 of this title; or 

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

5 United States seaport in accordance with this sec6 tion. 

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

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

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

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

12 ‘‘and’’; 

13 (B) by redesignating subparagraph (F) as 

14 subparagraph (G); and 

15 (C) by inserting after subparagraph (E) 

16 the following new subparagraph: 

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

18 a United States seaport or who is employed by a 

19 common carrier that transports merchandise to or 

20 from a United States seaport; and’’; 

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

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

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

24 period at the end and inserting a semicolon and 

25 ‘‘or’’; and 
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•HR 173 IH 

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

2 new subparagraph: 

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

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

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

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

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

10 card issued under this section shall—

11 ‘‘(1) be tamper resistant; and 

12 ‘‘(2) contain—

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

15 313 of title 49, if any; 

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

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

19 any; 

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

21 individual, if any; 

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

24 ‘‘(E) a safety rating assigned to the indi25 vidual by the Secretary of Homeland Security. 
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1 ‘‘(g) DEFINITIONS.—In this section: 

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

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

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

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

7 States on a waterway with shoreside facilities for the 

8 intermodal transfer of cargo containers that are 

9 used in international trade.’’. 

10 SEC. 233. SECURING SENSITIVE INFORMATION. 

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

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

13 each United States seaport shall secure and protect all 

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

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

17 term ‘‘sensitive information’’ means—

18 (1) maps of the seaport; 

19 (2) blueprints of structures located within the 

20 seaport; and 

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

24 SEC. 234. CONTAINER SECURITY. 

25 (a) CONTAINER SEALS.—
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1 (1) APPROVAL.—Not later than 90 days after 

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

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

5 (A) meet or exceed the American Society 

6 for Testing Materials Level D seals; 

7 (B) permit each seal to have a unique 

8 identification number; and 

9 (C) contain an electronic tag that can be 

10 read electronically at a seaport. 

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

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

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

16 container seal approved under paragraph (1). 

17 (b) IDENTIFICATION NUMBER.—

18 (1) REQUIREMENT.—A shipment that is 

19 shipped to or from the United States either directly 

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

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

23 security of a container shall record the universal 

24 transaction number assigned to the shipment under 

25 paragraph (1), as well as any seal identification 
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1 number on the container, at every port of entry and 

2 point at which the container is transferred from one 

3 conveyance to another conveyance. 

4 (c) PILOT PROGRAM.—

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

8 that—

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

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

14 improperly access the container; and 

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

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

19 (2) APPLICATION.—Each eligible entity seeking 

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

23 Secretary may reasonably require. 

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

25 term ‘‘eligible entity’’ means any national laboratory, 
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1 nonprofit private organization, institution of higher 

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

4 paragraph (1). 

5 (d) EMPTY CONTAINERS.—

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

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

11 require that an empty container—

12 (A) be inspected and certified as empty 

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

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

17 enhance the security of United States seaports. 

18 SEC. 235. OFFICE AND INSPECTION FACILITIES. 

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

23 the Directorate permanent office and inspection space 

24 within the seaport that is sufficient for the Directorate 
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1 officers at the seaport to carry out their responsibilities. 

2 Such office and inspection space—

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

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

6 the seaport. 

7 (b) INSPECTION TECHNOLOGY.—The Secretary of 

8 Homeland Security shall maintain permanent inspection 

9 facilities that utilize available inspection technology in the 

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

11 SEC. 236. SECURITY GRANTS TO SEAPORTS. 

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

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

16 as a factor to be considered when determining whether to 

17 select that seaport for award of a competitive grant for 

18 security. 

19 (b) DEFINITIONS.—In this section: 

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

23 enter the United States annually through a United 

24 States seaport as estimated by the Bureau of Trans-
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1 portation Statistics of the Department of Transpor2 tation. 

3 (2) COMPETITIVE GRANT FOR SECURITY.—The 

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

5 of Federal financial assistance that the Secretary of 

6 Homeland Security is authorized to award to a 

7 United States seaport for the purpose of enhancing 

8 security at the seaport, including a grant of funds 

9 appropriated under the heading ‘‘BORDER AND

10 TRANSPORTATION SECURITY’’ in title II of the De11 partment of Homeland Security Appropriations Act, 

12 2005 (Public Law 108–334). 

13 TITLE III—AUTHORIZATION 

14 SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 

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

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

19 to remain available until expended.

Æ