II 

109TH CONGRESS 

1ST SESSION S. 378

To make it a criminal act to willfully use a weapon with the intent to 

cause death or serious bodily injury to any person while on board a 

passenger vessel, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 15, 2005

Mr. BIDEN (for himself, Mr. SPECTER, Mrs. FEINSTEIN, Mr. KYL, and Mr. 

ALLEN) introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL

To make it a criminal act to willfully use a weapon with 

the intent to cause death or serious bodily injury to 

any person while on board a passenger vessel, and for 

other purposes.

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

3 SECTION 1. SHORT TITLE. 

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

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

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

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

8 States Code, is amended—
2

•S 378 IS 

1 (1) in subsection (a)—

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

3 the end; 

4 (B) by redesignating paragraph (3) as 

5 paragraph (4); and 

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

7 following: 

8 ‘‘(3) any secure or restricted area (as that term 

9 is defined under section 2285(c)) of any seaport; 

10 or’’; 

11 (2) in subsection (b)(1), by striking ‘‘5’’ and in12 serting ‘‘10’’; 

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

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

15 (4) in the section heading, by inserting ‘‘or sea16 port’’ after ‘‘airport’’. 

17 (b) TECHNICAL AND CONFORMING AMENDMENT.—

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

19 by striking the matter relating to section 1036 and insert20 ing the following:

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

United States or secure area of any airport or seaport.’’.

21 (c) DEFINITION OF SEAPORT.—Chapter 1 of title 18, 

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

23 following: 
3

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1 ‘‘§ 25. Definition of seaport 

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

3 piers, wharves, docks, and similar structures to which a 

4 vessel may be secured, areas of land, water, or land and 

5 water under and in immediate proximity to such struc6 tures, and buildings on or contiguous to such structures, 

7 and the equipment and materials on such structures or 

8 in such buildings.’’. 

9 (d) TECHNICAL AND CONFORMING AMENDMENT.—

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

11 by inserting after the matter relating to section 24 the 

12 following:

‘‘25. Definition of seaport.’’.

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

14 OBSTRUCTION OF BOARDING, OR PROVIDING 

15 FALSE INFORMATION. 

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

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

19 ‘‘§ 2237. Criminal sanctions for failure to heave to, ob20 struction of boarding, or providing false 

21 information 

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

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

24 a vessel subject to the jurisdiction of the United States, 
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1 to knowingly fail to obey an order by an authorized Fed2 eral law enforcement officer to heave to that vessel. 

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

4 vessel of the United States, or a vessel subject to the juris5 diction of the United States, to—

6 ‘‘(A) forcibly resist, oppose, prevent, impede, in7 timidate, or interfere with a boarding or other law 

8 enforcement action authorized by any Federal law, 

9 or to resist a lawful arrest; or 

10 ‘‘(B) provide information to a Federal law en11 forcement officer during a boarding of a vessel re12 garding the vessel’s destination, origin, ownership, 

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

14 person knows is false. 

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

16 customs officer under section 581 of the Tariff Act of 

17 1930 (19 U.S.C. 1581), or any other provision of law en18 forced or administered by the Secretary of the Treasury 

19 or the Undersecretary for Border and Transportation Se20 curity of the Department of Homeland Security, or the 

21 authority of any Federal law enforcement officer under 

22 any law of the United States, to order a vessel to stop 

23 or heave to. 

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

25 to the enforcement of United States law by the United 
5

•S 378 IS 

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

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

3 by certification of the Secretary of State or the designee 

4 of the Secretary of State. 

5 ‘‘(d) In this section—

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

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

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

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

10 to account for the weather conditions and sea state 

11 to facilitate a law enforcement boarding; 

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

13 of the United States’ has the meaning given the 

14 term in section 2(c) of the Maritime Drug Law En15 forcement Act (46 App. U.S.C. 1903(b)); and 

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

17 the meaning given the term in section 2(c) of the 

18 Maritime Drug Law Enforcement Act (46 App. 

19 U.S.C. 1903(b)). 

20 ‘‘(e) Any person who intentionally violates the provi21 sions of this section shall be fined under this title, impris22 oned for not more than 5 years, or both.’’. 

23 (b) TECHNICAL AND CONFORMING AMENDMENT.—

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

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

•S 378 IS 

1 section 2236 the following:

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

providing false information.’’.

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

3 A PASSENGER VESSEL. 

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

5 amended—

6 (1) in subsection (a)—

7 (A) in paragraph (1), by inserting ‘‘, pas8 senger vessel,’’ after ‘‘transportation vehicle’’; 

9 (B) in paragraph (2)—

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

11 after ‘‘transportation vehicle’’; and 

12 (ii) by inserting ‘‘or owner of the pas13 senger vessel’’ after ‘‘transportation pro14 vider’’ each place that term appears; 

15 (C) in paragraph (3)—

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

17 after ‘‘transportation vehicle’’ each place 

18 that term appears; and 

19 (ii) by inserting ‘‘or owner of the pas20 senger vessel’’ after ‘‘transportation pro21 vider’’ each place that term appears; 

22 (D) in paragraph (5)—

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

24 after ‘‘transportation vehicle’’; and 
7

•S 378 IS 

1 (ii) by inserting ‘‘or owner of the pas2 senger vessel’’ after ‘‘transportation pro3 vider’’; and 

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

5 owner of a passenger vessel’’ after ‘‘transpor6 tation provider’’ each place that term appears; 

7 (2) in subsection (b)(1), by inserting ‘‘, pas8 senger vessel,’’ after ‘‘transportation vehicle’’; and 

9 (3) in subsection (c)—

10 (A) by redesignating paragraph (6) 

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

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

13 following: 

14 ‘‘(6) the term ‘passenger vessel’ has the mean15 ing given that term in section 2101(22) of title 46, 

16 United States Code, and includes a small passenger 

17 vessel, as that term is defined under section 

18 2101(35) of that title.’’. 

19 SEC. 5. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST 

20 MARITIME NAVIGATION, PLACEMENT OF DE21 STRUCTIVE DEVICES, AND MALICIOUS DUMP22 ING. 

23 (a) VIOLENCE AGAINST MARITIME NAVIGATION.—

24 Section 2280(a) of title 18, United States Code, is amend25 ed—
8

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1 (1) in paragraph (1)—

2 (A) in subparagraph (H), by striking 

3 ‘‘(G)’’ and inserting ‘‘(H)’’; 

4 (B) by redesignating subparagraphs (F), 

5 (G), and (H) as subparagraphs (G), (H), and 

6 (I), respectively; and 

7 (C) by inserting after subparagraph (E) 

8 the following: 

9 ‘‘(F) destroys, seriously damages, alters, 

10 moves, or tampers with any aid to maritime 

11 navigation maintained by the Saint Lawrence 

12 Seaway Development Corporation under the au13 thority of section 4 of the Act of May 13, 1954 

14 (33 U.S.C. 984), by the Coast Guard pursuant 

15 to section 81 of title 14, United States Code, or 

16 lawfully maintained under authority granted by 

17 the Coast Guard pursuant to section 83 of title 

18 14, United States Code, if such act endangers 

19 or is likely to endanger the safe navigation of 

20 a ship;’’; and 

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

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

23 (b) PLACEMENT OF DESTRUCTIVE DEVICES.—
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1 (1) IN GENERAL.—Chapter 111 of title 18, 

2 United States Code, is amended by adding after sec3 tion 2280 the following: 

4 ‘‘§ 2280A. Devices or substances in waters of the 

5 United States likely to destroy or damage 

6 ships or to interfere with maritime com7 merce 

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

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

10 means, a device or substance which is likely to destroy or 

11 cause damage to a vessel or its cargo, or cause interference 

12 with the safe navigation of vessels, or interference with 

13 maritime commerce, such as by damaging or destroying 

14 marine terminals, facilities, and any other marine struc15 ture or entity used in maritime commerce, with the intent 

16 of causing such destruction or damage, or interference 

17 with the safe navigation of vessels or with maritime com18 merce, shall be fined under this title, imprisoned for any 

19 term of years or for life, or both; and if the death of any 

20 person results from conduct prohibited under this sub21 section, may be punished by death. 

22 ‘‘(b) Nothing in this section shall be construed to 

23 apply to otherwise lawfully authorized and conducted ac24 tivities of the United States Government.’’. 
10

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1 (2) TECHNICAL AND CONFORMING AMEND2 MENT.—The table of sections for chapter 111 of 

3 title 18, United States Code, is amended by adding 

4 after the item related to section 2280 the following:

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

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

5 (c) MALICIOUS DUMPING.—

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

7 United States Code, is amended by adding at the 

8 end the following: 

9 ‘‘§ 2282. Knowing discharge or release 

10 ‘‘(a) ENDANGERMENT OF HUMAN LIFE.—Any per11 son who knowingly discharges or releases oil, a hazardous 

12 material, a noxious liquid substance, or any other dan13 gerous substance into the navigable waters of the United 

14 States or the adjoining shoreline with the intent to endan15 ger human life, health, or welfare shall be fined under this 

16 title and imprisoned for any term of years or for life. 

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

18 Any person who knowingly discharges or releases oil, a 

19 hazardous material, a noxious liquid substance, or any 

20 other dangerous substance into the navigable waters of the 

21 United States or the adjacent shoreline with the intent 

22 to endanger the marine environment shall be fined under 

23 this title, imprisoned not more than 30 years, or both. 

24 ‘‘(c) DEFINITIONS.—In this section:
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1 ‘‘(1) DISCHARGE.—The term ‘discharge’ means 

2 any spilling, leaking, pumping, pouring, emitting, 

3 emptying, or dumping. 

4 ‘‘(2) HAZARDOUS MATERIAL.—The term ‘haz5 ardous material’ has the meaning given the term in 

6 section 2101(14) of title 46, United States Code. 

7 ‘‘(3) MARINE ENVIRONMENT.—The term ‘ma8 rine environment’ has the meaning given the term in 

9 section 2101(15) of title 46, United States Code. 

10 ‘‘(4) NAVIGABLE WATERS.—The term ‘navi11 gable waters’ has the meaning given the term in sec12 tion 1362(7) of title 33, and also includes the terri13 torial sea of the United States as described in Presi14 dential Proclamation 5928 of December 27, 1988. 

15 ‘‘(5) NOXIOUS LIQUID SUBSTANCE.—The term 

16 ‘noxious liquid substance’ has the meaning given the 

17 term in the MARPOL Protocol defined in section 

18 2(1) of the Act to Prevent Pollution from Ships (33 

19 U.S.C. 1901(a)(3)). 

20 (2) TECHNICAL AND CONFORMING AMEND21 MENT.—The table of sections for chapter 111 of 

22 title 18, United States Code, is amended by adding 

23 at the end the following:

‘‘2282. Knowing discharge or release.’’.
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1 SEC. 6. TRANSPORTATION OF DANGEROUS MATERIALS AND 

2 TERRORISTS. 

3 (a) TRANSPORTATION OF DANGEROUS MATERIALS

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

5 by section 5 of this Act, is amended by adding at the end 

6 the following: 

7 ‘‘§ 2283. Transportation of explosive, biological, chem8 ical, or radioactive or nuclear materials 

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

10 willfully transports aboard any vessel within the United 

11 States, on the high seas, or having United States nation12 ality, an explosive or incendiary device, biological agent, 

13 chemical weapon, or radioactive or nuclear material, know14 ing that any such item is intended to be used to commit 

15 an offense listed under section 2332b(g)(5)(B), shall be 

16 fined under this title, imprisoned for any term of years 

17 or for life, or both; and if the death of any person results 

18 from conduct prohibited by this subsection, may be pun19 ished by death. 

20 ‘‘(b) DEFINITIONS.—In this section: 

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

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

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

24 ‘‘(2) BY-PRODUCT MATERIAL.—The term ‘by25 product material’ has the meaning given that term 
13

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

2 (42 U.S.C. 2014(e)). 

3 ‘‘(3) CHEMICAL WEAPON.—The term ‘chemical 

4 weapon’ has the meaning given that term in section 

5 229F. 

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

7 term ‘explosive or incendiary device’ has the mean8 ing given the term in section 232(5). 

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

10 material’ has the meaning given that term in section 

11 831(f)(1). 

12 ‘‘(6) RADIOACTIVE MATERIAL.—The term ‘ra13 dioactive material’ means—

14 ‘‘(A) source material and special nuclear 

15 material, but does not include natural or de16 pleted uranium; 

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

18 ‘‘(C) material made radioactive by bom19 bardment in an accelerator; or 

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

21 ‘‘(7) SOURCE MATERIAL.—The term ‘source 

22 material’ has the meaning given that term in section 

23 11(z) of the Atomic Energy Act of 1954 (42 U.S.C. 

24 2014(z)). 
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1 ‘‘(8) SPECIAL NUCLEAR MATERIAL.—The term 

2 ‘special nuclear material’ has the meaning given that 

3 term in section 11(aa) of the Atomic Energy Act of 

4 1954 (42 U.S.C. 2014(aa)). 

5 ‘‘§ 2284. Transportation of terrorists 

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

7 willfully transports any terrorist aboard any vessel within 

8 the United States, on the high seas, or having United 

9 States nationality, knowing that the transported person 

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

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

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

14 avoiding apprehension after having committed, an offense 

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

16 (b) TECHNICAL AND CONFORMING AMENDMENT.—

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

18 States Code, as amended by this Act, is amended by add19 ing at the end the following:

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

‘‘2284. Transportation of terrorists.’’.

20 SEC. 7. DESTRUCTION OR INTERFERENCE WITH VESSELS 

21 OR MARITIME FACILITIES. 

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

23 amended by inserting after chapter 111 the following:
15

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1 ‘‘CHAPTER 111A—DESTRUCTION OF, OR 

2 INTERFERENCE WITH, VESSELS OR 

3 MARITIME FACILITIES

‘‘Sec. 

‘‘2290. Jurisdiction and scope. 

‘‘2291. Destruction of vessel or maritime facility. 

‘‘2292. Imparting or conveying false information. 

‘‘2293. Bar to prosecution.

4 ‘‘§ 2290. Jurisdiction and scope 

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

7 place—

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

9 subject to the jurisdiction of the United States; or 

10 ‘‘(2) outside United States and—

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

12 of the United States (as that term is defined 

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

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

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

16 a national of the United States was on board; 

17 or

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

19 United States (as that term is defined under 

20 section 2(c) of the Maritime Drug Law En21 forcement Act (42 App. U.S.C. 1903(c)).
16

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1 ‘‘(b) SCOPE.—Nothing in this chapter shall apply to 

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

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

5 ‘‘(a) OFFENSE.—Whoever willfully—

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

7 wrecks any vessel; 

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

9 device, as defined in section 921(a)(4), or destruc10 tive substance, as defined in section 13, in, upon, or 

11 in proximity to, or otherwise makes or causes to be 

12 made unworkable or unusable or hazardous to work 

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

14 used or intended to be used in connection with the 

15 operation of a vessel; 

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

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

18 or in proximity to, any maritime facility, including 

19 but not limited to, any aid to navigation, lock, canal, 

20 or vessel traffic service facility or equipment, or 

21 interferes by force or violence with the operation of 

22 such facility, if such action is likely to endanger the 

23 safety of any vessel in navigation; 

24 ‘‘(4) sets fire to, damages, destroys, or disables 

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

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1 or in proximity to, any appliance, structure, prop2 erty, machine, or apparatus, or any facility or other 

3 material used, or intended to be used, in connection 

4 with the operation, maintenance, loading, unloading, 

5 or storage of any vessel or any passenger or cargo 

6 carried or intended to be carried on any vessel; 

7 ‘‘(5) performs an act of violence against or in8 capacitates any individual on any vessel, if such act 

9 of violence or incapacitation is likely to endanger the 

10 safety of the vessel or those on board; 

11 ‘‘(6) performs an act of violence against a per12 son that causes or is likely to cause serious bodily 

13 injury, as defined in section 1365, in, upon, or in 

14 proximity to, any appliance, structure, property, ma15 chine, or apparatus, or any facility or other material 

16 used, or intended to be used, in connection with the 

17 operation, maintenance, loading, unloading, or stor18 age of any vessel or any passenger or cargo carried 

19 or intended to be carried on any vessel; 

20 ‘‘(7) communicates information, knowing the 

21 information to be false and under circumstances in 

22 which such information may reasonably be believed, 

23 thereby endangering the safety of any vessel in navi24 gation; or 
18

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1 ‘‘(8) attempts or conspires to do anything pro2 hibited under paragraphs (1) through (7): 

3 shall be fined under this title or imprisoned not more than 

4 20 years, or both. 

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

6 any person that is engaging in otherwise lawful activity, 

7 such as normal repair and salvage activities, and the law8 ful transportation of hazardous materials. 

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

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

11 that, at the time of the violation, carried high-level radio12 active waste (as that term is defined in section 2(12) of 

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

14 10101(12)) or spent nuclear fuel (as that term is defined 

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

16 (42 U.S.C. 10101(23)), shall be fined under title 18, im17 prisoned for a term up to life, or both. 

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

19 convicted of any crime prohibited by subsection (a), which 

20 has resulted in the death of any person, shall be subject 

21 also to the death penalty or to imprisonment for life. 

22 ‘‘(e) THREATS.—Whoever willfully imparts or con23 veys any threat to do an act which would violate this chap24 ter, with an apparent determination and will to carry the 

25 threat into execution, shall be fined under this title, im-
19

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1 prisoned not more than 5 years, or both, and is liable for 

2 all costs incurred as a result of such threat. 

3 ‘‘§ 2292. Imparting or conveying false information 

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

5 causes to be imparted or conveyed false information, 

6 knowing the information to be false, concerning an at7 tempt or alleged attempt being made or to be made, to 

8 do any act which would be a crime prohibited by this chap9 ter or by chapter 111 of this title, shall be subject to a 

10 civil penalty of not more than $5,000, which shall be re11 coverable in a civil action brought in the name of the 

12 United States. 

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

14 maliciously, or with reckless disregard for the safety of 

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

16 or conveyed false information, knowing the information to 

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

18 any act which would be a crime prohibited by this chapter 

19 or by chapter 111 of this title, shall be fined under this 

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

21 ‘‘(c) JURISDICTION.—

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

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

24 any offense under this section. 
20

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1 ‘‘(2) JURISDICTION.—Jurisdiction over an of2 fense under this section shall be determined in ac3 cordance with the provisions applicable to the crime 

4 prohibited by this chapter, or by chapter 2, 97, or 

5 111 of this title, to which the imparted or conveyed 

6 false information relates, as applicable. 

7 ‘‘§ 2293. Bar to prosecution 

8 ‘‘(a) IN GENERAL.—It is a bar to prosecution under 

9 this chapter if— 

10 ‘‘(1) the conduct in question occurred within 

11 the United States in relation to a labor dispute, and 

12 such conduct is prohibited as a felony under the law 

13 of the State in which it was committed; or 

14 ‘‘(2) such conduct is prohibited as a mis15 demeanor under the law of the State in which it was 

16 committed. 

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

18 ‘‘(1) LABOR DISPUTE.—The term ‘labor dis19 pute’ has the same meaning given that term in sec20 tion 113(c) of the Norris-LaGuardia Act (29 U.S.C. 

21 113(c)). 

22 ‘‘(2) STATE.—The term ‘State’ means a State 

23 of the United States, the District of Columbia, and 

24 any commonwealth, territory, or possession of the 

25 United States.’’.
21

•S 378 IS 

1 (b) TECHNICAL AND CONFORMING AMENDMENT.—

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

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

4 chapter 111 the following:

‘‘111A. Destruction of, or interference with, vessels or maritime facilities................................................................................. 2290’’.

5 SEC. 8. THEFT OF INTERSTATE OR FOREIGN SHIPMENTS 

6 OR VESSELS. 

7 (a) THEFT OF INTERSTATE OR FOREIGN SHIP8 MENTS.—Section 659 of title 18, United States Code, is 

9 amended—

10 (1) in the first undesignated paragraph—

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

12 ‘‘motortruck,’’; 

13 (B) by inserting ‘‘air cargo container,’’ 

14 after ‘‘aircraft,’’; and 

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

16 container, trailer, container freight station, 

17 warehouse, or freight consolidation facility,’’ 

18 after ‘‘air navigation facility’’; 

19 (2) in the fifth undesignated paragraph, by 

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

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

22 eighth undesignated paragraph the following: ‘‘For 

23 purposes of this section, goods and chattel shall be 

24 construed to be moving as an interstate or foreign 
22

•S 378 IS 

1 shipment at all points between the point of origin 

2 and the final destination (as evidenced by the waybill 

3 or other shipping document of the shipment), re4 gardless of any temporary stop while awaiting 

5 transhipment or otherwise.’’. 

6 (b) STOLEN VESSELS.—

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

8 United States Code, is amended by adding at the 

9 end the following: 

10 ‘‘ ‘Vessel’ means any watercraft or other contrivance 

11 used or designed for transportation or navigation on, 

12 under, or immediately above, water.’’. 

13 (2) TRANSPORTATION AND SALE OF STOLEN

14 VESSELS.—Sections 2312 and 2313 of title 18, 

15 United States Code, are each amended by striking 

16 ‘‘motor vehicle or aircraft’’ and inserting ‘‘motor ve17 hicle, vessel, or aircraft’’. 

18 (c) REVIEW OF SENTENCING GUIDELINES.—Pursu19 ant to section 994 of title 28, United States Code, the 

20 United States Sentencing Commission shall review the 

21 Federal Sentencing Guidelines to determine whether sen22 tencing enhancement is appropriate for any offense under 

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

24 amended by this Act. 
23

•S 378 IS 

1 (d) ANNUAL REPORT OF LAW ENFORCEMENT AC2 TIVITIES.—The Attorney General shall annually submit to 

3 Congress a report, which shall include an evaluation of 

4 law enforcement activities relating to the investigation and 

5 prosecution of offenses under section 659 of title 18, 

6 United States Code, as amended by this Act. 

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

8 General shall take the steps necessary to ensure that re9 ports of cargo theft collected by Federal, State, and local 

10 officials are reflected as a separate category in the Uni11 form Crime Reporting System, or any successor system, 

12 by no later than December 31, 2005. 

13 SEC. 9. INCREASED PENALTIES FOR NONCOMPLIANCE 

14 WITH MANIFEST REQUIREMENTS. 

15 (a) REPORTING, ENTRY, CLEARANCE REQUIRE16 MENTS.—Section 436(b) of the Tariff Act of 1930 (19 

17 U.S.C. 1436(b)) is amended by—

18 (1) striking ‘‘or aircraft pilot’’ and inserting ‘‘, 

19 aircraft pilot, operator, owner of such vessel, vehicle 

20 or aircraft or any other responsible party (including 

21 non-vessel operating common carriers)’’; 

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

23 and 

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

25 ‘‘$25,000’’. 
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1 (b) CRIMINAL PENALTY.—Section 436(c) of the Tar2 iff Act of 1930 (19 U.S.C. 1436(c)) is amended by strik3 ing ‘‘$2,000’’ and inserting ‘‘$10,000’’. 

4 (c) FALSITY OR LACK OF MANIFEST.—Section 

5 584(a)(1) of the Tariff Act of 1930 (19 U.S.C. 

6 1584(a)(1)) is amended by striking ‘‘$1,000’’ in each 

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

8 SEC. 10. STOWAWAYS ON VESSELS OR AIRCRAFT. 

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

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

11 imprisoned not more than one year, or both.’’ and insert12 ing the following: 

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

14 not more than 5 years, or both; 

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

16 this section, with the intent to commit serious bodily 

17 injury, and serious bodily injury occurs (as defined 

18 under section 1365, including any conduct that, if 

19 the conduct occurred in the special maritime and 

20 territorial jurisdiction of the United States, would 

21 violate section 2241 or 2242) to any person other 

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

23 section, shall be fined under this title, imprisoned 

24 not more than 20 years, or both; and 
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1 ‘‘(3) if an individual commits an act proscribed 

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

3 if the death of any person other than a participant 

4 occurs as a result of a violation of this section, shall 

5 be fined under this title, imprisoned for any number 

6 of years or for life, or both.’’. 

7 SEC. 11. BRIBERY AFFECTING PORT SECURITY. 

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

9 States Code, is amended by adding at the end the fol10 lowing: 

11 ‘‘§ 226. Bribery affecting port security 

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

13 ‘‘(1) directly or indirectly, corruptly gives, of14 fers, or promises anything of value to any public or 

15 private person, with intent—

16 ‘‘(A) to commit international or domestic 

17 terrorism (as that term is defined under section 

18 2331); 

19 ‘‘(B) to influence any action or any person 

20 to commit or aid in committing, or collude in, 

21 or allow, any fraud, or make opportunity for 

22 the commission of any fraud affecting any se23 cure or restricted area or seaport; or 

24 ‘‘(C) to induce any official or person to do 

25 or omit to do any act in violation of the fidu-
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1 ciary duty of such official or person which af2 fects any secure or restricted area or seaport; 

3 or 

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

5 seeks, receives, accepts, or agrees to receive or ac6 cept anything of value personally or for any other 

7 person or entity in return for—

8 ‘‘(A) being influenced in the performance 

9 of any official act affecting any secure or re10 stricted area or seaport; and 

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

12 used to commit, or plan to commit, inter13 national or domestic terrorism 

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

15 15 years, or both. 

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

17 or restricted area’ has the meaning given that term in sec18 tion 2285(c).’’. 

19 (b) TECHNICAL AND CONFORMING AMENDMENT.—

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

21 States Code, is amended by adding at the end the fol22 lowing:

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

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