II 

Calendar No. 86 

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, Mr. 

ALLEN, Mr. CORNYN, and Mr. HATCH) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

APRIL 21, 2005 

Reported by Mr. SPECTER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 
2 

•S 378 RS 

1 SECTION 1. SHORT TITLE. 

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

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

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

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

6 States Code, is amended— 

7 (1) in subsection (a)— 

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

9 the end; 

10 (B) by redesignating paragraph (3) as 

11 paragraph (4); and 

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

13 following: 

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

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

16 or’’; 

17 (2) in subsection (b)(1), by striking ‘‘5’’ and in18 serting ‘‘10’’; 

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

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

21 (4) in the section heading, by inserting ‘‘or sea22 port’’ after ‘‘airport’’. 

23 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

25 by striking the matter relating to section 1036 and insert26 ing the following: 
3 

•S 378 RS 

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

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

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

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

3 following: 

4 ‘‘§ 25. Definition of seaport 

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

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

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

8 water under and in immediate proximity to such struc9 tures, and buildings on or contiguous to such structures, 

10 and the equipment and materials on such structures or 

11 in such buildings.’’. 

12 (d) TECHNICAL AND CONFORMING AMENDMENT.— 

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

14 by inserting after the matter relating to section 24 the 

15 following: 

‘‘25. Definition of seaport.’’. 

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

17 OBSTRUCTION OF BOARDING, OR PROVIDING 

18 FALSE INFORMATION. 

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

20 States Code, is amended by adding at the end the fol21 lowing: 
4 

•S 378 RS 

1 ‘‘§ 2237. Criminal sanctions for failure to heave to, ob2 struction of boarding, or providing false 

3 information 

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

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

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

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

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

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

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

14 enforcement action authorized by any Federal law, 

15 or to resist a lawful arrest; or 

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

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

20 person knows is false. 

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

22 customs officer under section 581 of the Tariff Act of 

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

25 or the Undersecretary for Border and Transportation Se26 curity of the Department of Homeland Security, or the 
5 

•S 378 RS 

1 authority of any Federal law enforcement officer under 

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

3 or heave to. 

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

5 to the enforcement of United States law by the United 

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

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

8 by certification of the Secretary of State or the designee 

9 of the Secretary of State. 

10 ‘‘(d) In this section— 

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

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

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

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

15 to account for the weather conditions and sea state 

16 to facilitate a law enforcement boarding; 

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

18 of the United States’ has the meaning given the 

19 term in section 2(c) of the Maritime Drug Law En20 forcement Act (46 App. U.S.C. 1903(b)); and 

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

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

23 Maritime Drug Law Enforcement Act (46 App. 

24 U.S.C. 1903(b)). 
6 

•S 378 RS 

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

4 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

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

7 section 2236 the following: 

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

providing false information.’’. 

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

9 A PASSENGER VESSEL. 

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

11 amended— 

12 (1) in subsection (a)— 

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

15 (B) in paragraph (2)— 

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

17 after ‘‘transportation vehicle’’; and 

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

21 (C) in paragraph (3)— 

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

23 after ‘‘transportation vehicle’’ each place 

24 that term appears; and 
7 

•S 378 RS 

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

4 (D) in paragraph (5)— 

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

6 after ‘‘transportation vehicle’’; and 

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

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

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

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

15 (3) in subsection (c)— 

16 (A) by redesignating paragraph (6) 

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

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

19 following: 

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

22 United States Code, and includes a small passenger 

23 vessel, as that term is defined under section 

24 2101(35) of that title.’’. 
8 

•S 378 RS 

1 SEC. 5. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST 

2 MARITIME NAVIGATION, PLACEMENT OF DE3 STRUCTIVE DEVICES, AND MALICIOUS DUMP4 ING. 

5 (a) VIOLENCE AGAINST MARITIME NAVIGATION.— 

6 Section 2280(a) of title 18, United States Code, is amend7 ed— 

8 (1) in paragraph (1)— 

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

10 ‘‘(G)’’ and inserting ‘‘(H)’’; 

11 (B) by redesignating subparagraphs (F), 

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

13 (I), respectively; and 

14 (C) by inserting after subparagraph (E) 

15 the following: 

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

17 moves, or tampers with any aid to maritime 

18 navigation maintained by the Saint Lawrence 

19 Seaway Development Corporation under the au20 thority of section 4 of the Act of May 13, 1954 

21 (33 U.S.C. 984), by the Coast Guard pursuant 

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

23 lawfully maintained under authority granted by 

24 the Coast Guard pursuant to section 83 of title 

25 14, United States Code, if such act endangers 
9 

•S 378 RS 

1 or is likely to endanger the safe navigation of 

2 a ship;’’; and 

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

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

5 (b) PLACEMENT OF DESTRUCTIVE DEVICES.— 

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

7 United States Code, is amended by adding after sec8 tion 2280 the following: 

9 ‘‘§ 2280A. Devices or substances in waters of the 

10 United States likely to destroy or damage 

11 ships or to interfere with maritime com12 merce 

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

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

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

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

17 with the safe navigation of vessels, or interference with 

18 maritime commerce, such as by damaging or destroying 

19 marine terminals, facilities, and any other marine struc20 ture or entity used in maritime commerce, with the intent 

21 of causing such destruction or damage, or interference 

22 with the safe navigation of vessels or with maritime com23 merce, shall be fined under this title, imprisoned for any 

24 term of years or for life, or both; and if the death of any 
10 

•S 378 RS 

1 person results from conduct prohibited under this sub2 section, may be punished by death. 

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

4 apply to otherwise lawfully authorized and conducted ac5 tivities of the United States Government.’’. 

6 (2) TECHNICAL AND CONFORMING AMEND7 MENT.—The table of sections for chapter 111 of 

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

9 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.’’. 

10 (c) MALICIOUS DUMPING.— 

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

12 United States Code, is amended by adding at the 

13 end the following: 

14 ‘‘§ 2282. Knowing discharge or release 

15 ‘‘(a) ENDANGERMENT OF HUMAN LIFE.—Any per16 son who knowingly discharges or releases oil, a hazardous 

17 material, a noxious liquid substance, or any other dan18 gerous substance into the navigable waters of the United 

19 States or the adjoining shoreline with the intent to endan20 ger human life, health, or welfare shall be fined under this 

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

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

23 Any person who knowingly discharges or releases oil, a 

24 hazardous material, a noxious liquid substance, or any 
11 

•S 378 RS 

1 other dangerous substance into the navigable waters of the 

2 United States or the adjacent shoreline with the intent 

3 to endanger the marine environment shall be fined under 

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

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

6 ‘‘(1) DISCHARGE.—The term ‘discharge’ means 

7 any spilling, leaking, pumping, pouring, emitting, 

8 emptying, or dumping. 

9 ‘‘(2) HAZARDOUS MATERIAL.—The term ‘haz10 ardous material’ has the meaning given the term in 

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

12 ‘‘(3) MARINE ENVIRONMENT.—The term ‘ma13 rine environment’ has the meaning given the term in 

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

15 ‘‘(4) NAVIGABLE WATERS.—The term ‘navi16 gable waters’ has the meaning given the term in sec17 tion 1362(7) of title 33, and also includes the terri18 torial sea of the United States as described in Presi19 dential Proclamation 5928 of December 27, 1988. 

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

21 ‘noxious liquid substance’ has the meaning given the 

22 term in the MARPOL Protocol defined in section 

23 2(1) of the Act to Prevent Pollution from Ships (33 

24 U.S.C. 1901(a)(3)). 
12 

•S 378 RS 

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 at the end the following: 

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

5 SEC. 6. TRANSPORTATION OF DANGEROUS MATERIALS AND 

6 TERRORISTS. 

7 (a) TRANSPORTATION OF DANGEROUS MATERIALS

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

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

10 the following: 

11 ‘‘§ 2283. Transportation of explosive, biological, chem12 ical, or radioactive or nuclear materials 

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

14 willfully transports aboard any vessel within the United 

15 States, on the high seas, or having United States nation16 ality, an explosive or incendiary device, biological agent, 

17 chemical weapon, or radioactive or nuclear material, know18 ing that any such item is intended to be used to commit 

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

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

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

22 from conduct prohibited by this subsection, may be pun23 ished by death. 

24 ‘‘(b) DEFINITIONS.—In this section: 
13 

•S 378 RS 

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

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

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

4 ‘‘(2) BY-PRODUCT MATERIAL.—The term ‘by5 product material’ has the meaning given that term 

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

7 (42 U.S.C. 2014(e)). 

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

9 weapon’ has the meaning given that term in section 

10 229F. 

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

12 term ‘explosive or incendiary device’ has the mean13 ing given the term in section 232(5). 

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

15 material’ has the meaning given that term in section 

16 831(f)(1). 

17 ‘‘(6) RADIOACTIVE MATERIAL.—The term ‘ra18 dioactive material’ means— 

19 ‘‘(A) source material and special nuclear 

20 material, but does not include natural or de21 pleted uranium; 

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

23 ‘‘(C) material made radioactive by bom24 bardment in an accelerator; or 

25 ‘‘(D) all refined isotopes of radium. 
14 

•S 378 RS 

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

2 material’ has the meaning given that term in section 

3 11(z) of the Atomic Energy Act of 1954 (42 U.S.C. 

4 2014(z)). 

5 ‘‘(8) SPECIAL NUCLEAR MATERIAL.—The term 

6 ‘special nuclear material’ has the meaning given that 

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

8 1954 (42 U.S.C. 2014(aa)). 

9 ‘‘§ 2284. Transportation of terrorists 

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

11 willfully transports any terrorist aboard any vessel within 

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

13 States nationality, knowing that the transported person 

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

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

16 ‘‘(b) DEFINED TERM.—In this section, the term ‘ter17 rorist’ means any person who intends to commit, or is 

18 avoiding apprehension after having committed, an offense 

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

20 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

22 States Code, as amended by this Act, is amended by add23 ing at the end the following: 

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

‘‘2284. Transportation of terrorists.’’. 
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1 SEC. 7. DESTRUCTION OR INTERFERENCE WITH VESSELS 

2 OR MARITIME FACILITIES. 

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

4 amended by inserting after chapter 111 the following: 

5 ‘‘CHAPTER 111A—DESTRUCTION OF, OR 

6 INTERFERENCE WITH, VESSELS OR 

7 MARITIME FACILITIES 

‘‘Sec. 

‘‘2290. Jurisdiction and scope. 

‘‘2291. Destruction of vessel or maritime facility. 

‘‘2292. Imparting or conveying false information. 

‘‘2293. Bar to prosecution. 

8 ‘‘§ 2290. Jurisdiction and scope 

9 ‘‘(a) JURISDICTION.—There is jurisdiction over an of10 fense under this chapter if the prohibited activity takes 

11 place— 

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

13 subject to the jurisdiction of the United States; or 

14 ‘‘(2) outside United States and— 

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

16 of the United States (as that term is defined 

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

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

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

20 a national of the United States was on board; 

21 or 

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

23 United States (as that term is defined under 
16 

•S 378 RS 

1 section 2(c) of the Maritime Drug Law En2 forcement Act (42 App. U.S.C. 1903(c)). 

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

4 otherwise lawful activities carried out by or at the direc5 tion of the United States Government. 

6 ‘‘§ 2291. Destruction of vessel or maritime facility 

7 ‘‘(a) OFFENSE.—Whoever willfully— 

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

9 wrecks any vessel; 

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

11 device, as defined in section 921(a)(4), or destruc12 tive substance, as defined in section 13, in, upon, or 

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

14 made unworkable or unusable or hazardous to work 

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

16 used or intended to be used in connection with the 

17 operation of a vessel; 

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

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

20 or in proximity to, any maritime facility, including 

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

22 or vessel traffic service facility or equipment, or 

23 interferes by force or violence with the operation of 

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

25 safety of any vessel in navigation; 
17 

•S 378 RS 

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

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

3 or in proximity to, any appliance, structure, prop4 erty, machine, or apparatus, or any facility or other 

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

6 with the operation, maintenance, loading, unloading, 

7 or storage of any vessel or any passenger or cargo 

8 carried or intended to be carried on any vessel; 

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

11 of violence or incapacitation is likely to endanger the 

12 safety of the vessel or those on board; 

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

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

16 proximity to, any appliance, structure, property, ma17 chine, or apparatus, or any facility or other material 

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

19 operation, maintenance, loading, unloading, or stor20 age of any vessel or any passenger or cargo carried 

21 or intended to be carried on any vessel; 

22 ‘‘(7) communicates information, knowing the 

23 information to be false and under circumstances in 

24 which such information may reasonably be believed, 
18 

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1 thereby endangering the safety of any vessel in navi2 gation; or 

3 ‘‘(8) attempts or conspires to do anything pro4 hibited under paragraphs (1) through (7): 

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

6 20 years, or both. 

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

8 any person that is engaging in otherwise lawful activity, 

9 such as normal repair and salvage activities, and the law10 ful transportation of hazardous materials. 

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

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

13 that, at the time of the violation, carried high-level radio14 active waste (as that term is defined in section 2(12) of 

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

16 10101(12)) or spent nuclear fuel (as that term is defined 

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

18 (42 U.S.C. 10101(23)), shall be fined under title 18, im19 prisoned for a term up to life, or both. 

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

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

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

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

24 ‘‘(e) THREATS.—Whoever willfully imparts or con25 veys any threat to do an act which would violate this chap-
19 

•S 378 RS 

1 ter, with an apparent determination and will to carry the 

2 threat into execution, shall be fined under this title, im3 prisoned not more than 5 years, or both, and is liable for 

4 all costs incurred as a result of such threat. 

5 ‘‘§ 2292. Imparting or conveying false information 

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

7 causes to be imparted or conveyed false information, 

8 knowing the information to be false, concerning an at9 tempt or alleged attempt being made or to be made, to 

10 do any act which would be a crime prohibited by this chap11 ter or by chapter 111 of this title, shall be subject to a 

12 civil penalty of not more than $5,000, which shall be re13 coverable in a civil action brought in the name of the 

14 United States. 

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

16 maliciously, or with reckless disregard for the safety of 

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

18 or conveyed false information, knowing the information to 

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

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

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

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

23 ‘‘(c) JURISDICTION.— 
20 

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

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

3 any offense under this section. 

4 ‘‘(2) JURISDICTION.—Jurisdiction over an of5 fense under this section shall be determined in ac6 cordance with the provisions applicable to the crime 

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

8 111 of this title, to which the imparted or conveyed 

9 false information relates, as applicable. 

10 ‘‘§ 2293. Bar to prosecution 

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

12 this chapter if— 

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

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

15 such conduct is prohibited as a felony under the law 

16 of the State in which it was committed; or 

17 ‘‘(2) such conduct is prohibited as a mis18 demeanor under the law of the State in which it was 

19 committed. 

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

21 ‘‘(1) LABOR DISPUTE.—The term ‘labor dis22 pute’ has the same meaning given that term in sec23 tion 113(c) of the Norris-LaGuardia Act (29 U.S.C. 

24 113(c)). 
21 

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

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

3 any commonwealth, territory, or possession of the 

4 United States.’’. 

5 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

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

8 chapter 111 the following: 

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

9 SEC. 8. THEFT OF INTERSTATE OR FOREIGN SHIPMENTS 

10 OR VESSELS. 

11 (a) THEFT OF INTERSTATE OR FOREIGN SHIP12 MENTS.—Section 659 of title 18, United States Code, is 

13 amended— 

14 (1) in the first undesignated paragraph— 

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

16 ‘‘motortruck,’’; 

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

18 after ‘‘aircraft,’’; and 

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

20 container, trailer, container freight station, 

21 warehouse, or freight consolidation facility,’’ 

22 after ‘‘air navigation facility’’; 

23 (2) in the fifth undesignated paragraph, by 

24 striking ‘‘one year’’ and inserting ‘‘3 years’’; and 
22 

•S 378 RS 

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

2 eighth undesignated paragraph the following: ‘‘For 

3 purposes of this section, goods and chattel shall be 

4 construed to be moving as an interstate or foreign 

5 shipment at all points between the point of origin 

6 and the final destination (as evidenced by the waybill 

7 or other shipping document of the shipment), re8 gardless of any temporary stop while awaiting 

9 transhipment or otherwise.’’. 

10 (b) STOLEN VESSELS.— 

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

12 United States Code, is amended by adding at the 

13 end the following: 

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

15 used or designed for transportation or navigation on, 

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

17 (2) TRANSPORTATION AND SALE OF STOLEN

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

19 United States Code, are each amended by striking 

20 ‘‘motor vehicle or aircraft’’ and inserting ‘‘motor ve21 hicle, vessel, or aircraft’’. 

22 (c) REVIEW OF SENTENCING GUIDELINES.—Pursu23 ant to section 994 of title 28, United States Code, the 

24 United States Sentencing Commission shall review the 

25 Federal Sentencing Guidelines to determine whether sen-
23 

•S 378 RS 

1 tencing enhancement is appropriate for any offense under 

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

3 amended by this Act. 

4 (d) ANNUAL REPORT OF LAW ENFORCEMENT AC5 TIVITIES.—The Attorney General shall annually submit to 

6 Congress a report, which shall include an evaluation of 

7 law enforcement activities relating to the investigation and 

8 prosecution of offenses under section 659 of title 18, 

9 United States Code, as amended by this Act. 

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

11 General shall take the steps necessary to ensure that re12 ports of cargo theft collected by Federal, State, and local 

13 officials are reflected as a separate category in the Uni14 form Crime Reporting System, or any successor system, 

15 by no later than December 31, 2005. 

16 SEC. 9. INCREASED PENALTIES FOR NONCOMPLIANCE 

17 WITH MANIFEST REQUIREMENTS. 

18 (a) REPORTING, ENTRY, CLEARANCE REQUIRE19 MENTS.—Section 436(b) of the Tariff Act of 1930 (19 

20 U.S.C. 1436(b)) is amended by— 

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

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

23 or aircraft or any other responsible party (including 

24 non-vessel operating common carriers)’’; 
24 

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

2 and 

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

4 ‘‘$25,000’’. 

5 (b) CRIMINAL PENALTY.—Section 436(c) of the Tar6 iff Act of 1930 (19 U.S.C. 1436(c)) is amended by strik7 ing ‘‘$2,000’’ and inserting ‘‘$10,000’’. 

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

9 584(a)(1) of the Tariff Act of 1930 (19 U.S.C. 

10 1584(a)(1)) is amended by striking ‘‘$1,000’’ in each 

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

12 SEC. 10. STOWAWAYS ON VESSELS OR AIRCRAFT. 

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

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

15 imprisoned not more than one year, or both.’’ and insert16 ing the following: 

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

18 not more than 5 years, or both; 

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

20 this section, with the intent to commit serious bodily 

21 injury, and serious bodily injury occurs (as defined 

22 under section 1365, including any conduct that, if 

23 the conduct occurred in the special maritime and 

24 territorial jurisdiction of the United States, would 

25 violate section 2241 or 2242) to any person other 
25 

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

2 section, shall be fined under this title, imprisoned 

3 not more than 20 years, or both; and 

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

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

6 if the death of any person other than a participant 

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

8 be fined under this title, imprisoned for any number 

9 of years or for life, or both.’’. 

10 SEC. 11. BRIBERY AFFECTING PORT SECURITY. 

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

12 States Code, is amended by adding at the end the fol13 lowing: 

14 ‘‘§ 226. Bribery affecting port security 

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

16 ‘‘(1) directly or indirectly, corruptly gives, of17 fers, or promises anything of value to any public or 

18 private person, with intent— 

19 ‘‘(A) to commit international or domestic 

20 terrorism (as that term is defined under section 

21 2331); 

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

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

24 or allow, any fraud, or make opportunity for 
26 

•S 378 RS 

1 the commission of any fraud affecting any se2 cure or restricted area or seaport; or 

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

4 or omit to do any act in violation of the fidu5 ciary duty of such official or person which af6 fects any secure or restricted area or seaport; 

7 or 

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

9 seeks, receives, accepts, or agrees to receive or ac10 cept anything of value personally or for any other 

11 person or entity in return for— 

12 ‘‘(A) being influenced in the performance 

13 of any official act affecting any secure or re14 stricted area or seaport; and 

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

16 used to commit, or plan to commit, inter17 national or domestic terrorism 

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

19 15 years, or both. 

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

21 or restricted area’ has the meaning given that term in sec22 tion 2285(c).’’. 

23 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

24 The table of sections for chapter 11 of title 18, United 
27 

•S 378 RS 

1 States Code, is amended by adding at the end the fol2 lowing: 

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

3 SECTION 1. SHORT TITLE. 

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

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

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

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

8 States Code, is amended— 

9 (1) in subsection (a)— 

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

11 the end; 

12 (B) by redesignating paragraph (3) as 

13 paragraph (4); and 

14 (C) by inserting after paragraph (2) the fol15 lowing: 

16 ‘‘(3) any secure or restricted area of any seaport, 

17 designated as secure in an approved security plan, as 

18 required under section 70103 of title 46, United 

19 States Code, and the rules and regulations promul20 gated under that section; or’’; 

21 (2) in subsection (b)(1), by striking ‘‘5’’ and in22 serting ‘‘10’’; 

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

24 of the seaport,’’ after ‘‘airport authority’’; and 
28 

•S 378 RS 

1 (4) by striking the section heading and inserting 

2 the following: 

3 ‘‘§ 1036. Entry by false pretenses to any real property, 

4 vessel, or aircraft of the United States or 

5 secure area of any airport or seaport’’. 

6 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

7 table of sections for chapter 47 of title 18 is amended by 

8 striking the matter relating to section 1036 and inserting 

9 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.’’. 

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

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

12 following: 

13 ‘‘§ 26. Definition of seaport 

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

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

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

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

18 water, or land and water under and in immediate prox19 imity to such structures, buildings on or contiguous to such 

20 structures, and the equipment and materials on such struc21 tures or in such buildings.’’. 

22 (d) TECHNICAL AND CONFORMING AMENDMENT.—The 

23 table of sections for chapter 1 of title 18 is amended by 
29 

•S 378 RS 

1 inserting after the matter relating to section 25 the fol2 lowing: 

‘‘26. Definition of seaport.’’. 

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

4 OBSTRUCTION OF BOARDING, OR PROVIDING 

5 FALSE INFORMATION. 

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

7 Code, is amended by adding at the end the following: 

8 ‘‘§ 2237. Criminal sanctions for failure to heave to, ob9 struction of boarding, or providing false 

10 information 

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

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

13 vessel subject to the jurisdiction of the United States, to 

14 knowingly fail to obey an order by an authorized Federal 

15 law enforcement officer to heave to that vessel. 

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

17 vessel of the United States, or a vessel subject to the jurisdic18 tion of the United States, to— 

19 ‘‘(A) forcibly resist, oppose, prevent, impede, in20 timidate, or interfere with a boarding or other law 

21 enforcement action authorized by any Federal law or 

22 to resist a lawful arrest; or 

23 ‘‘(B) provide information to a Federal law en24 forcement officer during a boarding of a vessel regard25 ing the vessel’s destination, origin, ownership, reg-
30 

•S 378 RS 

1 istration, nationality, cargo, or crew, which that per2 son knows is materially false. 

3 ‘‘(b) This section does not limit the authority of a cus4 toms officer under section 581 of the Tariff Act of 1930 (19 

5 U.S.C. 1581), or any other provision of law enforced or ad6 ministered by the Secretary of the Treasury or the Secretary 

7 of Homeland Security, or the authority of any Federal law 

8 enforcement officer under any law of the United States, to 

9 order a vessel to stop or heave to. 

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

11 to the enforcement of United States law by the United 

12 States under this section by radio, telephone, or similar oral 

13 or electronic means. Consent or waiver may be proven by 

14 certification of the Secretary of State or the designee of the 

15 Secretary of State. 

16 ‘‘(d) In this section— 

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

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

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

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

21 to account for the weather conditions and sea state to 

22 facilitate a law enforcement boarding; 

23 ‘‘(3) the term ‘vessel subject to the jurisdiction of 

24 the United States’ has the meaning given the term in 
31 

•S 378 RS 

1 section 2 of the Maritime Drug Law Enforcement Act 

2 (46 U.S.C. App. 1903); and 

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

4 meaning given the term in section 2 of the Maritime 

5 Drug Law Enforcement Act (46 U.S.C. App. 1903). 

6 ‘‘(e) Any person who intentionally violates the provi7 sions of this section shall be fined under this title, impris8 oned for not more than 5 years, or both.’’. 

9 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

10 table of sections for chapter 109, title 18, United States 

11 Code, is amended by inserting after the item for section 

12 2236 the following: 

‘‘2237. Criminal sanctions for failure to heave to, obstruction of boarding, or providing false information.’’. 

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

14 A PASSENGER VESSEL. 

15 Section 1993 of title 18, United States Code, is amend16 ed— 

17 (1) in subsection (a)— 

18 (A) in paragraph (1), by inserting ‘‘, pas19 senger vessel,’’ after ‘‘transportation vehicle’’; 

20 (B) in paragraphs (2)— 

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

22 after ‘‘transportation vehicle’’; and 
32 

•S 378 RS 

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

4 (C) in paragraph (3)— 

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

6 after ‘‘transportation vehicle’’ each place 

7 that term appears; and 

8 (ii) by inserting ‘‘or owner of the pas9 senger vessel’’ after ‘‘transportation pro10 vider’’ each place that term appears; 

11 (D) in paragraph (5)— 

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

13 after ‘‘transportation vehicle’’; and 

14 (ii) by inserting ‘‘or owner of the pas15 senger vessel’’ after ‘‘transportation pro16 vider’’; and 

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

18 owner of a passenger vessel’’ after ‘‘transpor19 tation provider’’ each place that term appears; 

20 (2) in subsection (b)(1), by inserting ‘‘, passenger 

21 vessel,’’ after ‘‘transportation vehicle’’; and 

22 (3) in subsection (c)— 

23 (A) by redesignating paragraph (6) through 

24 (8) as paragraphs (7) through (9); and 
33 

•S 378 RS 

1 (B) by inserting after paragraph (5) the fol2 lowing: 

3 ‘‘(6) the term ‘passenger vessel’ has the meaning 

4 given that term in section 2101(22) of title 46, United 

5 States Code, and includes a small passenger vessel, as 

6 that term is defined under section 2101(35) of that 

7 title.’’. 

8 SEC. 5. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST 

9 MARITIME NAVIGATION, PLACEMENT OF DE10 STRUCTIVE DEVICES, AND MALICIOUS DUMP11 ING. 

12 (a) KNOWING DISCHARGE OR RELEASE.—Chapter 111 

13 of title 18, United States Code, is amended by adding after 

14 section 2281 the following: 

15 ‘‘§ 2282. Knowing discharge or release 

16 ‘‘(a) ENDANGERMENT OF HUMAN LIFE.—A person 

17 who knowingly discharges or releases oil, hazardous mate18 rial, a noxious liquid substance, or any other dangerous 

19 substance into navigable waters or onto the adjoining shore20 line with the intent to endanger human life, or health, or 

21 welfare shall be fined under this title, imprisoned for any 

22 term of years or for life, or both. 

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

24 Any person who knowingly discharges or releases oil, a haz25 ardous material, a noxious liquid substance, or any other 
34 

•S 378 RS 

1 dangerous substance into navigable waters or onto the adja2 cent shoreline with the intent to endanger the marine envi3 ronment shall be fined under this title, imprisoned not more 

4 than 30 years, or both. 

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

6 ‘‘(1) DISCHARGE.—The term ‘discharge’ includes, 

7 but is not limited to, any spilling, leaking, pumping, 

8 pouring, emitting, emptying, or dumping. 

9 ‘‘(2) HAZARDOUS MATERIAL.—The term ‘haz10 ardous material’ has the meaning given the term in 

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

12 ‘‘(3) MARINE ENVIRONMENT.—The term ‘marine 

13 environment’ has the meaning given the term in sec14 tion 2101(15) of title 46, United States Code. 

15 ‘‘(4) NAVIGABLE WATERS.—The term ‘navigable 

16 waters’ has the meaning given the term in section 

17 1362(7) of title 33, United States Code, and also in18 cludes the territorial sea of the United States as de19 scribed in Presidential Proclamation 5928 of Decem20 ber 27, 1988. 

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

22 ‘noxious liquid substance’ has the meaning given the 

23 term in the MARPOL Protocol defined in section 2(1) 

24 of the Act to Prevent Pollution from Ships (33 U.S.C. 

25 1901(a)(3)). 
35 

•S 378 RS 

1 ‘‘(6) OIL.—The term ‘oil’ has the meaning given 

2 the term in section 1321(a)(1) of title 33, United 

3 States Code; and 

4 ‘‘(7) DANGEROUS SUBSTANCE.—The term ‘dan5 gerous substance’ means any solid, liquid, or gaseous 

6 material that has the capacity of endangering human 

7 life, health, or welfare.’’. 

8 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

9 table of sections for chapter 111 of title 18, United States 

10 Code, is amended by adding at the end the following: 

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

11 (c) PLACEMENT OF DESTRUCTIVE DEVICES.—Chapter 

12 111 of title 18, United States Code, as amended by sub13 section (a), is further amended by adding at the end the 

14 following: 

15 ‘‘§ 2282A. Devices or dangerous substances in waters 

16 of the united states likely to destroy or 

17 damage ships or to interfere with mari18 time commerce 

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

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

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

22 destroy or cause damage to a vessel or its cargo, cause inter23 ference with the safe navigation of vessels, or interference 

24 with maritime commerce (such as by damaging or destroy25 ing marine terminals, facilities, or any other marine struc-
36 

•S 378 RS 

1 ture or entity used in maritime commerce) with the intent 

2 of causing such destruction or damage, interference with the 

3 safe navigation of vessels, or interference with maritime 

4 commerce shall be fined under this title, imprisoned for any 

5 term of years or for life, or both. 

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

7 engaging in conduct prohibited under subsection (a) may 

8 be punished by death. 

9 ‘‘(c) Nothing in this section shall be construed to apply 

10 to otherwise lawfully authorized and conducted activities of 

11 the United States Government. 

12 ‘‘(d) In this section: 

13 ‘‘(1) The term ‘dangerous substance’ means any 

14 solid, liquid, or gaseous material that has the capac15 ity to cause damage to a vessel or its cargo, or cause 

16 interference with the safe navigation of a vessel. 

17 ‘‘(2) The term ‘device’ means any object that, be18 cause of its physical, mechanical, structural, or chem19 ical properties, has the capacity to cause damage to 

20 a vessel or its cargo, or cause interference with the 

21 safe navigation of a vessel.’’. 

22 (2) TECHNICAL AND CONFORMING AMEND23 MENT.—The table of sections for chapter 111 of title 

24 18, United States Code, as amended by subsection (b), 
37 

•S 378 RS 

1 is further amended by adding after the item related 

2 to section 2282 the following: 

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

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

3 (d) VIOLENCE AGAINST MARITIME NAVIGATION.— 

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

5 United States Code as amended by subsections (a) 

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

7 following: 

8 ‘‘§ 2282B. Violence against aids to maritime naviga9 tion 

10 ‘‘Whoever intentionally destroys, seriously damages, 

11 alters, moves, or tampers with any aid to maritime naviga12 tion maintained by the Saint Lawrence Seaway Develop13 ment Corporation under the authority of section 4 of the 

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

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

16 lawfully maintained under authority granted by the Coast 

17 Guard pursuant to section 83 of title 14, United States 

18 Code, if such act endangers or is likely to endanger the safe 

19 navigation of a ship, shall be fined under this title, impris20 oned for not more than 20 years, or both.’’. 

21 (2) TECHNICAL AND CONFORMING AMEND22 MENT.—The table of sections for chapter 111 of title 

23 18, United States Code, as amended by subsections (b) 
38 

•S 378 RS 

1 and (d) is further amended by adding after the item 

2 related to section 2282A the following: 

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

3 SEC. 6. TRANSPORTATION OF DANGEROUS MATERIALS AND 

4 TERRORISTS. 

5 (a) TRANSPORTATION OF DANGEROUS MATERIALS AND

6 TERRORISTS.—Chapter 111 of title 18, as amended by sec7 tion 5, is further amended by adding at the end the fol8 lowing: 

9 ‘‘§ 2283. Transportation of explosive, biological, chem10 ical, or radioactive or nuclear materials 

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

12 willfully transports aboard any vessel within the United 

13 States and on waters subject to the jurisdiction of the 

14 United States or any vessel outside the United States and 

15 on the high seas or having United States nationality an 

16 explosive or incendiary device, biological agent, chemical 

17 weapon, or radioactive or nuclear material, knowing that 

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

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

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

21 both. 

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

23 death of any person by engaging in conduct prohibited by 

24 subsection (a) may be punished by death. 

25 ‘‘(c) DEFINITIONS.—In this section: 
39 

•S 378 RS 

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

2 agent’ means any biological agent, toxin, or vector (as 

3 those terms are defined in section 178). 

4 ‘‘(2) BY-PRODUCT MATERIAL.—The term ‘by5 product material’ has the meaning given that term in 

6 section 11(e) of the Atomic Energy Act of 1954 (42 

7 U.S.C. 2014(e)). 

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

9 weapon’ has the meaning given that term in section 

10 229F(1). 

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

12 term ‘explosive or incendiary device’ has the meaning 

13 given the term in section 232(5). 

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

15 material’ has the meaning given that term in section 

16 831(f)(1). 

17 ‘‘(6) RADIOACTIVE MATERIAL.—The term ‘radio18 active material’ means— 

19 ‘‘(A) source material and special nuclear 

20 material, but does not include natural or de21 pleted uranium; 

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

23 ‘‘(C) material made radioactive by bom24 bardment in an accelerator; or 

25 ‘‘(D) all refined isotopes of radium. 
40 

•S 378 RS 

1 ‘‘(8) SOURCE MATERIAL.—The term ‘source ma2 terial’ has the meaning given that term in section 

3 11(z) of the Atomic Energy Act of 1954 (42 U.S.C. 

4 2014(z)). 

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

6 ‘special nuclear material’ has the meaning given that 

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

8 1954 (42 U.S.C. 2014(aa)). 

9 ‘‘§ 2284. Transportation of terrorists 

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

11 intentionally transports any terrorist aboard any vessel 

12 within the United States and on waters subject to the juris13 diction of the United States or any vessel outside the United 

14 States and on the high seas or having United States nation15 ality, knowing that the transported person is a terrorist, 

16 shall be fined under this title, imprisoned for any term of 

17 years or for life, or both. 

18 ‘‘(b) DEFINED TERM.—In this section, the term ‘ter19 rorist’ means any person who intends to commit, or is 

20 avoiding apprehension after having committed, an offense 

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

22 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

23 table of sections for chapter 111 of title 18, United States 

24 Code, as amended by section 5, is further amended by add25 ing at the end the following: 
41 

•S 378 RS 

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

materials. 

‘‘2284. Transportation of terrorists.’’. 

1 SEC. 7. DESTRUCTION OF, OR INTERFERENCE WITH, VES2 SELS OR MARITIME FACILITIES. 

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

4 amended by inserting after chapter 111 the following: 

5 ‘‘CHAPTER 111A—DESTRUCTION OF, OR IN6 TERFERENCE WITH, VESSELS OR MAR7 ITIME FACILITIES 

‘‘Sec. 

‘‘2290. Jurisdiction and scope. 

‘‘2291. Destruction of vessel or maritime facility. 

‘‘2292. Imparting or conveying false information. 

‘‘2293. Bar to prosecution. 

8 ‘‘§ 2290. Jurisdiction and scope 

9 ‘‘(a) JURISDICTION.—There is jurisdiction over an of10 fense under this chapter if the prohibited activity takes 

11 place— 

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

13 subject to the jurisdiction of the United States; or 

14 ‘‘(2) outside United States and— 

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

16 of the United States (as that term is defined 

17 under section 101(a)(22) of the Immigration and 

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

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

20 a national of the United States was on board; or 
42 

•S 378 RS 

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

2 United States (as that term is defined under sec3 tion 2 of the Maritime Drug Law Enforcement 

4 Act (46 U.S.C. App. 1903). 

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

6 otherwise lawful activities carried out by or at the direction 

7 of the United States Government. 

8 ‘‘§ 2291. Destruction of vessel or maritime facility 

9 ‘‘(a) OFFENSE.—Whoever willfully— 

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

11 wrecks any vessel; 

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

13 device, as defined in section 921(a)(4), or destructive 

14 substance, as defined in section 31(a)(3), in, upon, or 

15 near, or otherwise makes or causes to be made un16 workable or unusable or hazardous to work or use, 

17 any vessel, or any part or other materials used or in18 tended to be used in connection with the operation of 

19 a vessel; 

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

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

22 near, any maritime facility, including any aid to 

23 navigation, lock, canal, or vessel traffic service facil24 ity or equipment; 
43 

•S 378 RS 

1 ‘‘(4) interferes by force or violence with the oper2 ation of any maritime facility, including any aid to 

3 navigation, lock, canal, or vessel traffic service facil4 ity or equipment, if such action is likely to endanger 

5 the safety of any vessel in navigation; 

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

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

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

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

10 intended to be used, in connection with the operation, 

11 maintenance, loading, unloading, or storage of any 

12 vessel or any passenger or cargo carried or intended 

13 to be carried on any vessel; 

14 ‘‘(6) performs an act of violence against or inca15 pacitates any individual on any vessel, if such act of 

16 violence or incapacitation is likely to endanger the 

17 safety of the vessel or those on board; 

18 ‘‘(7) performs an act of violence against a person 

19 that causes or is likely to cause serious bodily injury, 

20 as defined in section 1365(h)(3), in, upon, or near, 

21 any appliance, structure, property, machine, or appa22 ratus, or any facility or other material used, or in23 tended to be used, in connection with the operation, 

24 maintenance, loading, unloading, or storage of any 
44 

•S 378 RS 

1 vessel or any passenger or cargo carried or intended 

2 to be carried on any vessel; 

3 ‘‘(8) communicates information, knowing the in4 formation to be false and under circumstances in 

5 which such information may reasonably be believed, 

6 thereby endangering the safety of any vessel in navi7 gation; or 

8 ‘‘(9) attempts or conspires to do anything pro9 hibited under paragraphs (1) through (8), 

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

11 20 years, or both. 

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

13 any person that is engaging in otherwise lawful activity, 

14 such as normal repair and salvage activities, and the trans15 portation of hazardous materials regulated and allowed to 

16 be transported under chapter 51 of title 49. 

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

18 subsection (a) as a result of an act involving a vessel that, 

19 at the time of the violation, carried high-level radioactive 

20 waste (as that term is defined in section 2(12) of the Nu21 clear Waste Policy Act of 1982 (42 U.S.C. 10101(12)) or 

22 spent nuclear fuel (as that term is defined in section 2(23) 

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

24 10101(23)), shall be fined under this title, imprisoned for 

25 a term up to life, or both. 
45 

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

2 convicted of any crime prohibited by subsection (a) and in3 tended to cause death by the prohibited conduct, if the con4 duct resulted in the death of any person, shall be subject 

5 also to the death penalty or to a term of imprisonment for 

6 a period up to life. 

7 ‘‘(e) THREATS.—Whoever willfully imparts or conveys 

8 any threat to do an act which would violate this chapter, 

9 with an apparent determination and will to carry the 

10 threat into execution, shall be fined under this title, impris11 oned not more than 5 years, or both, and is liable for all 

12 costs incurred as a result of such threat. 

13 ‘‘§ 2292. Imparting or conveying false information 

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

15 causes to be imparted or conveyed false information, know16 ing the information to be false, concerning an attempt or 

17 alleged attempt being made or to be made, to do any act 

18 that would be a crime prohibited by this chapter or by chap19 ter 111 of this title, shall be subject to a civil penalty of 

20 not more than $5,000, which shall be recoverable in a civil 

21 action brought in the name of the United States. 

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

23 maliciously, or with reckless disregard for the safety of 

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

25 or conveyed false information, knowing the information to 
46 

•S 378 RS 

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

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

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

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

5 ‘‘(c) JURISDICTION.— 

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

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

8 offense under this section. 

9 ‘‘(2) JURISDICTION.—Jurisdiction over an of10 fense under this section shall be determined in accord11 ance with the provisions applicable to the crime pro12 hibited by this chapter, or by chapter 111 of this title, 

13 to which the imparted or conveyed false information 

14 relates, as applicable. 

15 ‘‘§ 2293. Bar to prosecution 

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

17 this chapter if— 

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

19 United States in relation to a labor dispute, and such 

20 conduct is prohibited as a felony under the law of the 

21 State in which it was committed; or 

22 ‘‘(2) such conduct is prohibited as a mis23 demeanor, and not as a felony, under the law of the 

24 State in which it was committed. 

25 ‘‘(b) DEFINITIONS.—In this section: 
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1 ‘‘(1) LABOR DISPUTE.—The term ‘labor dispute’ 

2 has the same meaning given that term in section 

3 13(c) of the Act to amend the Judicial Code and to 

4 define and limit the jurisdiction of courts sitting in 

5 equity, and for other purposes (29 U.S.C. 113(c), 

6 commonly known as the Norris-LaGuardia Act). 

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

8 the United States, the District of Columbia, and any 

9 commonwealth, territory, or possession of the United 

10 States.’’. 

11 (c) TECHNICAL AND CONFORMING AMENDMENT.—The 

12 table of chapters at the beginning of title 18, United States 

13 Code, is amended by inserting after the item for chapter 

14 111 the following: 

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

15 SEC. 8. THEFT OF INTERSTATE OR FOREIGN SHIPMENTS OR 

16 VESSELS. 

17 (a) THEFT OF INTERSTATE OR FOREIGN SHIP18 MENTS.—Section 659 of title 18, United States Code, is 

19 amended— 

20 (1) in the first undesignated paragraph— 

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

22 ‘‘motortruck,’’; 

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

24 after ‘‘aircraft,’’; and 
48 

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

2 container, trailer, container freight station, 

3 warehouse, or freight consolidation facility,’’ 

4 after ‘‘air navigation facility’’; 

5 (2) in the fifth undesignated paragraph, by 

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

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

8 eighth undesignated paragraph the following: ‘‘For 

9 purposes of this section, goods and chattel shall be 

10 construed to be moving as an interstate or foreign 

11 shipment at all points between the point of origin 

12 and the final destination (as evidenced by the waybill 

13 or other shipping document of the shipment), regard14 less of any temporary stop while awaiting trans15 shipment or otherwise.’’. 

16 (b) STOLEN VESSELS.— 

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

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

19 the following: 

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

21 used or designed for transportation or navigation on, 

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

23 (2) TRANSPORTATION AND SALE OF STOLEN VES24 SELS.— 
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1 (A) TRANSPORTATION.—Section 2312 of 

2 title 18, United States Code, is amended by 

3 striking ‘‘motor vehicle or aircraft’’ and insert4 ing ‘‘motor vehicle, vessel, or aircraft’’. 

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

6 United States Code, is amended by striking 

7 ‘‘motor vehicle or aircraft’’ and inserting ‘‘motor 

8 vehicle, vessel, or aircraft’’. 

9 (c) REVIEW OF SENTENCING GUIDELINES.—Pursuant 

10 to section 994 of title 28, United States Code, the United 

11 States Sentencing Commission shall review the Federal 

12 Sentencing Guidelines to determine whether sentencing en13 hancement is appropriate for any offense under section 659 

14 or 2311 of title 18, United States Code, as amended by this 

15 Act. 

16 (d) ANNUAL REPORT OF LAW ENFORCEMENT ACTIVI17 TIES.—The Attorney General shall annually submit to Con18 gress a report, which shall include an evaluation of law en19 forcement activities relating to the investigation and pros20 ecution of offenses under section 659 of title 18, United 

21 States Code, as amended by this Act. 

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

23 General shall take the steps necessary to ensure that reports 

24 of cargo theft collected by Federal, State, and local officials 

25 are reflected as a separate category in the Uniform Crime 
50 

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1 Reporting System, or any successor system, by no later than 

2 December 31, 2005. 

3 SEC. 9. INCREASED PENALTIES FOR NONCOMPLIANCE 

4 WITH MANIFEST REQUIREMENTS. 

5 (a) REPORTING, ENTRY, CLEARANCE REQUIRE6 MENTS.—Section 436(b) of the Tariff Act of 1930 (19 

7 U.S.C. 1436(b)) is amended by— 

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

9 ‘‘aircraft pilot, operator, owner of such vessel, vehicle 

10 or aircraft, or any other responsible party (including 

11 non-vessel operating common carriers)’’; 

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

13 and 

14 (3) striking ‘‘$10,000’’ and inserting ‘‘$25,000’’. 

15 (b) CRIMINAL PENALTY.—Section 436(c) of the Tariff 

16 Act of 1930 (19 U.S.C. 1436(c)) is amended— 

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

18 ‘‘aircraft pilot, operator, owner of such vessel, vehicle, 

19 or aircraft, or any other responsible party (including 

20 non-vessel operating common carriers)’’; and 

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

22 ‘‘$10,000’’. 

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

24 584(a)(1) of the Tariff Act of 1930 (19 U.S.C. 1584(a)(1)) 
51 

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1 is amended by striking ‘‘$1,000’’ in each place it occurs 

2 and inserting ‘‘$10,000’’. 

3 SEC. 10. STOWAWAYS ON VESSELS OR AIRCRAFT. 

4 Section 2199 of title 18, United States Code, is amend5 ed by striking ‘‘Shall be fined under this title or imprisoned 

6 not more than one year, or both.’’ and inserting the fol7 lowing: 

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

9 not more than 5 years, or both; 

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

11 this section, with the intent to commit serious bodily 

12 injury, and serious bodily injury occurs (as defined 

13 under section 1365, including any conduct that, if the 

14 conduct occurred in the special maritime and terri15 torial jurisdiction of the United States, would violate 

16 section 2241 or 2242) to any person other than a par17 ticipant as a result of a violation of this section, shall 

18 be fined under this title, imprisoned not more than 20 

19 years, or both; and 

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

21 by this section, with the intent to cause death, and if 

22 the death of any person other than a participant oc23 curs as a result of a violation of this section, shall be 

24 fined under this title, imprisoned for any number of 

25 years or for life, or both.’’. 
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1 SEC. 11. BRIBERY AFFECTING PORT SECURITY. 

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

3 States Code, is amended by adding at the end the following: 

4 ‘‘§ 226. Bribery affecting port security 

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

6 ‘‘(1) directly or indirectly, corruptly gives, offers, 

7 or promises anything of value to any public or pri8 vate person, with intent to commit international ter9 rorism or domestic terrorism (as those terms are de10 fined under section 2331), to— 

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

12 commit or aid in committing, or collude in, or 

13 allow, any fraud, or make opportunity for the 

14 commission of any fraud affecting any secure or 

15 restricted area or seaport; or 

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

17 omit to do any act in violation of the lawful 

18 duty of such official or person that affects any 

19 secure or restricted area or seaport; or 

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

21 seeks, receives, accepts, or agrees to receive or accept 

22 anything of value personally or for any other person 

23 or entity in return for— 

24 ‘‘(A) being influenced in the performance of 

25 any official act affecting any secure or restricted 

26 area or seaport; and 
53 

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

2 used to commit, or plan to commit, international 

3 or domestic terrorism, 

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

5 15 years, or both. 

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

7 restricted area’ means an area of a vessel or facility des8 ignated as secure in an approved security plan, as required 

9 under section 70103 of title 46, United States Code, and 

10 the rules and regulations promulgated under that section.’’. 

11 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

12 table of sections for chapter 11 of title 18, United States 

13 Code, is amended by adding at the end the following: 

‘‘226. Bribery affecting port security.’’. 
Calendar No. 86 

109TH CONGRESS 

1ST SESSION S. 378 

A BILL 

To make it a criminal act to willfully use a weapon 

vessel, and for other purposes. injury to any person while on board a passenger with the intent to cause death or serious bodily 

APRIL 21, 2005 

Reported with an amendment