‘‘(3) CHEMICAL WEAPON.—The term ‘chemical 
weapon’ has the meaning given that term in section 
229F(1). 
‘‘(4) EXPLOSIVE OR INCENDIARY DEVICE.—The 
term ‘explosive or incendiary device’ has the mean-
ing given the term in section 232(5). 
‘‘(5) NUCLEAR MATERIAL.—The term ‘nuclear 
material’ has the meaning given that term in section 
831(f)(1). 
‘‘(6) RADIOACTIVE MATERIAL.—The term ‘ra-
dioactive material’ means—
‘‘(A) source material and special nuclear 
material, but does not include natural or de-
pleted uranium; 
‘‘(B) nuclear by-product material; 
‘‘(C) material made radioactive by bom-
bardment in an accelerator; or 
‘‘(D) all refined isotopes of radium. 
‘‘(8) SOURCE
MATERIAL.—The term ‘source 
material’ has the meaning given that term in section 
11(z) of the Atomic Energy Act of 1954 (42 U.S.C. 
2014(z)). 
‘‘(9) SPECIAL NUCLEAR MATERIAL.—The term 
‘special nuclear material’ has the meaning given that
term in section 11(aa) of the Atomic Energy Act of 
1954 (42 U.S.C. 2014(aa)). 
‘‘§ 2284. Transportation of terrorists 
‘‘(a) IN GENERAL.—Any person who knowingly and 
intentionally transports any terrorist aboard any vessel 
within the United States and on waters subject to the ju-
risdiction of the United States or any vessel outside the 
United States and on the high seas or having United 
States nationality, knowing that the transported person 
is a terrorist, shall be fined under this title, imprisoned 
for any term of years or for life, or both. 
‘‘(b) DEFINED TERM.—In this section, the term ‘ter-
rorist’ means any person who intends to commit, or is 
avoiding apprehension after having committed, an offense 
listed under section 2332b(g)(5)(B).’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—
The table of sections for chapter 111 of title 18, United 
States Code, as amended by section 5, is further amended 
by adding at the end the following:
‘‘2283. Transportation of explosive, chemical, biological, or radioactive or nu-
clear materials. 
‘‘2284. Transportation of terrorists.’’.
SEC. 7. DESTRUCTION OF, OR INTERFERENCE WITH, VES-
SELS OR MARITIME FACILITIES. 
(a) IN GENERAL.—Title 18, United States Code, is 
amended by inserting after chapter 111 the following:
‘‘CHAPTER 111A—DESTRUCTION OF, OR 
INTERFERENCE WITH, VESSELS OR 
MARITIME FACILITIES
‘‘Sec. 
‘‘2290. Jurisdiction and scope. 
‘‘2291. Destruction of vessel or maritime facility. 
‘‘2292. Imparting or conveying false information.
‘‘§ 2290. Jurisdiction and scope 
‘‘(a) JURISDICTION.—There is jurisdiction over an of-
fense under this chapter if the prohibited activity takes 
place—
‘‘(1) within the United States and within waters 
subject to the jurisdiction of the United States; or 
‘‘(2) outside United States and—
‘‘(A) an offender or a victim is a national 
of the United States (as that term is defined 
under section 101(a)(22) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(22)); 
‘‘(B) the activity involves a vessel in which 
a national of the United States was on board; 
or 
‘‘(C) the activity involves a vessel of the 
United States (as that term is defined under 
section 2 of the Maritime Drug Law Enforce-
ment Act (46 U.S.C. App. 1903).
‘‘(b) SCOPE.—Nothing in this chapter shall apply to 
otherwise lawful activities carried out by or at the direc-
tion of the United States Government. 
‘‘§ 2291. Destruction of vessel or maritime facility 
‘‘(a) OFFENSE.—Whoever willfully—
‘‘(1) sets fire to, damages, destroys, disables, or 
wrecks any vessel; 
‘‘(2) places or causes to be placed a destructive 
device, as defined in section 921(a)(4), or destruc-
tive substance, as defined in section 31(a)(3), in, 
upon, or near, or otherwise makes or causes to be 
made unworkable or unusable or hazardous to work 
or use, any vessel, or any part or other materials 
used or intended to be used in connection with the 
operation of a vessel; 
‘‘(3) sets fire to, damages, destroys, or disables 
or places a destructive device or substance in, upon, 
or near, any maritime facility, including any aid to 
navigation, lock, canal, or vessel traffic service facil-
ity or equipment; 
‘‘(4) interferes by force or violence with the op-
eration of any maritime facility, including any aid to 
navigation, lock, canal, or vessel traffic service facil-
ity or equipment, if such action is likely to endanger 
the safety of any vessel in navigation;
‘‘(5) sets fire to, damages, destroys, or disables 
or places a destructive device or substance in, upon, 
or near, any appliance, structure, property, machine, 
or apparatus, or any facility or other material used, 
or intended to be used, in connection with the oper-
ation, maintenance, loading, unloading, or storage of 
any vessel or any passenger or cargo carried or in-
tended to be carried on any vessel; 
‘‘(6) performs an act of violence against or in-
capacitates any individual on any vessel, if such act 
of violence or incapacitation is likely to endanger the 
safety of the vessel or those on board; 
‘‘(7) performs an act of violence against a per-
son that causes or is likely to cause serious bodily 
injury, as defined in section 1365(h)(3), in, upon, or 
near, any appliance, structure, property, machine, or 
apparatus, or any facility or other material used, or 
intended to be used, in connection with the oper-
ation, maintenance, loading, unloading, or storage of 
any vessel or any passenger or cargo carried or in-
tended to be carried on any vessel; 
‘‘(8) communicates information, knowing the 
information to be false and under circumstances in 
which such information may reasonably be believed,
thereby endangering the safety of any vessel in navi-
gation; or 
‘‘(9) attempts or conspires to do anything pro-
hibited under paragraphs (1) through (8), 
shall be fined under this title, imprisoned not more than 
20 years, or both. 
‘‘(b) LIMITATION.—Subsection (a) shall not apply to 
any person that is engaging in otherwise lawful activity, 
such as normal repair and salvage activities, and the 
transportation of hazardous materials regulated and al-
lowed to be transported under chapter 51 of title 49. 
‘‘(c) PENALTY.—Whoever is fined or imprisoned 
under subsection (a) as a result of an act involving a vessel 
that, at the time of the violation, carried high-level radio-
active waste (as that term is defined in section 2(12) of 
the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10101(12)) or spent nuclear fuel (as that term is defined 
in section 2(23) of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10101(23)), shall be fined under this title, im-
prisoned for a term up to life, or both. 
‘‘(d) PENALTY WHEN DEATH RESULTS.—Whoever is 
convicted of any crime prohibited by subsection (a) and 
intended to cause death by the prohibited conduct, if the 
conduct resulted in the death of any person, shall be sub-
ject also to the death penalty or to a term of imprisonment 
for a period up to life. 
‘‘(e) THREATS.—Whoever willfully imparts or con-
veys any threat to do an act which would violate this chap-
ter, with an apparent determination and will to carry the 
threat into execution, shall be fined under this title, im-
prisoned not more than 5 years, or both, and is liable for 
all costs incurred as a result of such threat. 
‘‘§ 2292. Imparting or conveying false information 
‘‘(a) IN GENERAL.—Whoever imparts or conveys or 
causes to be imparted or conveyed false information, 
knowing the information to be false, concerning an at-
tempt or alleged attempt being made or to be made, to 
do any act that would be a crime prohibited by this chap-
ter or by chapter 111 of this title, shall be subject to a 
civil penalty of not more than $5,000, which shall be re-
coverable in a civil action brought in the name of the 
United States. 
‘‘(b) MALICIOUS CONDUCT.—Whoever willfully and 
maliciously, or with reckless disregard for the safety of 
human life, imparts or conveys or causes to be imparted 
or conveyed false information, knowing the information to 
be false, concerning an attempt or alleged attempt to do 
any act which would be a crime prohibited by this chapter
or by chapter 111 of this title, shall be fined under this 
title, imprisoned not more than 5 years, or both. 
‘‘(c) JURISDICTION.—
‘‘(1) IN GENERAL.—Except as provided under 
paragraph (2), section 2290(a) shall not apply to 
any offense under this section. 
‘‘(2) JURISDICTION.—Jurisdiction over an of-
fense under this section shall be determined in ac-
cordance with the provisions applicable to the crime 
prohibited by this chapter, or by chapter 111 of this 
title, to which the imparted or conveyed false infor-
mation relates, as applicable.’’. 
(c) TECHNICAL AND CONFORMING AMENDMENT.—
The table of chapters at the beginning of title 18, United 
States Code, is amended by inserting after the item for 
chapter 111 the following:
‘‘111A. Destruction of, or interference with, vessels or 
maritime facilities ................................................. 2290’’.
SEC. 8. THEFT OF INTERSTATE OR FOREIGN SHIPMENTS 
OR VESSELS. 
(a) THEFT
OF INTERSTATE
OR FOREIGN SHIP-
MENTS.—Section 659 of title 18, United States Code, is 
amended—
(1) in the first undesignated paragraph—
(A) 
by 
inserting 
‘‘trailer,’’ 
after 
‘‘motortruck,’’;
(B) by inserting ‘‘air cargo container,’’ 
after ‘‘aircraft,’’; and 
(C) by inserting ‘‘, or from any intermodal 
container, trailer, container freight station, 
warehouse, or freight consolidation facility,’’ 
after ‘‘air navigation facility’’; 
(2) in the fifth undesignated paragraph, by 
striking ‘‘one year’’ and inserting ‘‘3 years’’; and 
(3) by inserting after the first sentence in the 
eighth undesignated paragraph the following: ‘‘For 
purposes of this section, goods and chattel shall be 
construed to be moving as an interstate or foreign 
shipment at all points between the point of origin 
and the final destination (as evidenced by the waybill 
or other shipping document of the shipment), re-
gardless of any temporary stop while awaiting trans-
shipment or otherwise.’’. 
(b) STOLEN VESSELS.—
(1) IN
GENERAL.—Section 2311 of title 18, 
United States Code, is amended by adding at the 
end the following: 
‘‘‘‘Vessel’’ means any watercraft or other contrivance used 
or designed for transportation or navigation on, under, or 
immediately above, water.’’.
(2) TRANSPORTATION
AND
SALE
OF
STOLEN 
VESSELS.—
(A) TRANSPORTATION.—Section 2312 of 
title 18, United States Code, is amended by 
striking ‘‘motor vehicle or aircraft’’ and insert-
ing ‘‘motor vehicle, vessel, or aircraft’’. 
(B) SALE.—Section 2313(a) of title 18, 
United States Code, is amended by striking 
‘‘motor vehicle or aircraft’’ and inserting 
‘‘motor vehicle, vessel, or aircraft’’. 
(c) REVIEW OF SENTENCING GUIDELINES.—Pursu-
ant to section 994 of title 28, United States Code, the 
United States Sentencing Commission shall review the 
Federal Sentencing Guidelines to determine whether sen-
tencing enhancement is appropriate for any offense under 
section 659 or 2311 of title 18, United States Code, as 
amended by this Act. 
(d) ANNUAL REPORT OF LAW ENFORCEMENT AC-
TIVITIES.—The Attorney General shall annually submit to 
Congress a report, which shall include an evaluation of 
law enforcement activities relating to the investigation and 
prosecution of offenses under section 659 of title 18, 
United States Code, as amended by this Act. 
(e) REPORTING OF CARGO THEFT.—The Attorney 
General shall take the steps necessary to ensure that re-
ports of cargo theft collected by Federal, State, and local 
officials are reflected as a separate category in the Uni-
form Crime Reporting System, or any successor system, 
by no later than December 31, 2005. 
SEC. 9. INCREASED PENALTIES FOR NONCOMPLIANCE 
WITH MANIFEST REQUIREMENTS. 
(a) REPORTING, ENTRY, CLEARANCE
REQUIRE-
MENTS.—Section 436(b) of the Tariff Act of 1930 (19 
U.S.C. 1436(b)) is amended by—
(1) striking ‘‘or aircraft pilot’’ and inserting 
‘‘aircraft pilot, operator, owner of such vessel, vehi-
cle or aircraft, or any other responsible party (in-
cluding non-vessel operating common carriers)’’; 
(2) striking ‘‘$5,000’’ and inserting ‘‘$10,000’’; 
and 
(3) 
striking 
‘‘$10,000’’ 
and 
inserting 
‘‘$25,000’’. 
(b) CRIMINAL PENALTY.—Section 436(c) of the Tar-
iff Act of 1930 (19 U.S.C. 1436(c)) is amended—
(1) by striking ‘‘or aircraft pilot’’ and inserting 
‘‘aircraft pilot, operator, owner of such vessel, vehi-
cle, or aircraft, or any other responsible party (in-
cluding non-vessel operating common carriers)’’; and 
(2) 
by 
striking 
‘‘$2,000’’ 
and 
inserting 
‘‘$10,000’’.
(c) FALSITY
OR
LACK
OF
MANIFEST.—Section 
584(a)(1) of the Tariff Act of 1930 (19 U.S.C. 
1584(a)(1)) is amended by striking ‘‘$1,000’’ in each 
place it occurs and inserting ‘‘$10,000’’. 
SEC. 10. STOWAWAYS ON VESSELS OR AIRCRAFT. 
Section 2199 of title 18, United States Code, is 
amended by striking ‘‘Shall be fined under this title or 
imprisoned not more than one year, or both.’’ and insert-
ing the following: 
‘‘(1) shall be fined under this title, imprisoned 
not more than 5 years, or both; 
‘‘(2) if the person commits an act proscribed by 
this section, with the intent to commit serious bodily 
injury, and serious bodily injury occurs (as defined 
under section 1365, including any conduct that, if 
the conduct occurred in the special maritime and 
territorial jurisdiction of the United States, would 
violate section 2241 or 2242) to any person other 
than a participant as a result of a violation of this 
section, shall be fined under this title, imprisoned 
not more than 20 years, or both; and 
‘‘(3) if an individual commits an act proscribed 
by this section, with the intent to cause death, and 
if the death of any person other than a participant 
occurs as a result of a violation of this section, shall
be fined under this title, imprisoned for any number 
of years or for life, or both.’’. 
SEC. 11. BRIBERY AFFECTING PORT SECURITY. 
(a) IN GENERAL.—Chapter 11 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 226. Bribery affecting port security 
‘‘(a) IN GENERAL.—Whoever knowingly—
‘‘(1) directly or indirectly, corruptly gives, of-
fers, or promises anything of value to any public or 
private person, with intent to commit international 
terrorism or domestic terrorism (as those terms are 
defined under section 2331), to—
‘‘(A) influence any action or any person to 
commit or aid in committing, or collude in, or 
allow, any fraud, or make opportunity for the 
commission of any fraud affecting any secure or 
restricted area or seaport; or 
‘‘(B) induce any official or person to do or 
omit to do any act in violation of the lawful 
duty of such official or person that affects any 
secure or restricted area or seaport; or 
‘‘(2) directly or indirectly, corruptly demands, 
seeks, receives, accepts, or agrees to receive or ac-