ify, or remit, with or without conditions, any civil 
penalty that is subject to imposition or which has 
been imposed under this section. 
‘‘(5) FAILURE TO PAY.—If a person fails to pay 
an assessment of a civil penalty after it has become 
final, the Secretary of Homeland Security may refer 
the matter to the Attorney General for collection in 
an appropriate district court of the United States. 
‘‘(g) DEFINITION.—For purposes of this section, the 
term ‘goods or chattels’ means to be moving as an inter-
state 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.’’. 
(2) FEDERAL SENTENCING GUIDELINES.—Pur-
suant to section 994 of title 28, United States Code, 
the United States Sentencing Commission shall re-
view the Federal Sentencing Guidelines to determine 
whether sentencing enhancement is appropriate for 
any offense under section 659 of title 18, United 
States Code, as amended by this subsection. 
(3) ANNUAL REPORT.—The Attorney General 
shall annually submit to Congress a report that shall 
include an evaluation of law enforcement activities
relating to the investigation and prosecution of of-
fenses under section 659 of title 18, United States 
Code. 
TITLE II—PROTECTING UNITED 
STATES PORTS AGAINST TER-
RORISM AND CRIME 
Subtitle A—General Provision 
SEC. 201. DEFINITIONS. 
In this title: 
(1) AIRCRAFT.—The term ‘‘aircraft’’ has the 
meaning given that term in section 40102 of title 
49, United States Code. 
(2) CAPTAIN-OF-THE-PORT.—The term ‘‘Cap-
tain-of-the-Port’’, with respect to a United States 
seaport, means the individual designated by the 
Commandant of the Coast Guard as the Captain-of-
the-Port at that seaport. 
(3) COMMON
CARRIER.—The term ‘‘common 
carrier’’ means any person that holds itself out to 
the general public as a provider for hire of a trans-
portation by water, land, or air of merchandise, 
whether or not the person actually operates the ves-
sel, vehicle, or aircraft by which the transportation 
is provided, between a port or place and a port or 
place in the United States.
(4) CONTAINER.—The term ‘‘container’’ means 
a container that is used or designed for use for the 
international transportation of merchandise by ves-
sel, vehicle, or aircraft. 
(5) DIRECTORATE.—The term ‘‘Directorate’’ 
means the Border and Transportation Security Di-
rectorate of the Department of Homeland Security. 
(6) MANUFACTURER.—The term ‘‘manufac-
turer’’ means a person who fabricates or assembles 
merchandise for sale in commerce. 
(7) MERCHANDISE.—The term ‘‘merchandise’’ 
has the meaning given that term in section 401 of 
the Tariff Act of 1930 (19 U.S.C. 1401). 
(8) OCEAN TRANSPORTATION INTERMEDIARY.—
The term ‘‘ocean transportation intermediary’’ has 
the meaning given that term in section 515.2 of title 
46, Code of Federal Regulations (as in effect on 
January 1, 2003). 
(9) SHIPMENT.—The term ‘‘shipment’’ means 
cargo traveling in international commerce under a 
bill of lading. 
(10) SHIPPER.—The term ‘‘shipper’’ means—
(A) a cargo owner; 
(B) the person for whose account ocean 
transportation is provided;
(C) the person to whom delivery of mer-
chandise is to be made; or 
(D) a common carrier that accepts respon-
sibility for payment of all charges applicable 
under a tariff or service contract. 
(11) UNITED
STATES
SEAPORT.—The term 
‘‘United States seaport’’ means a place in the 
United States on a waterway with shoreside facilities 
for the intermodal transfer of cargo containers that 
are used in international trade. 
(12) VEHICLE.—The term ‘‘vehicle’’ has the 
meaning given that term in section 401 of the Tariff 
Act of 1930 (19 U.S.C. 1401). 
(13) VESSEL.—The term ‘‘vessel’’ has the 
meaning given that term in section 401 of the Tariff 
Act of 1930 (19 U.S.C. 1401). 
Subtitle B—Security Authority 
SEC. 211. DESIGNATED SECURITY AUTHORITY. 
The Captain-of-the-Port of each United States sea-
port shall be the primary authority responsible for security 
at the United States seaport and shall—
(1) coordinate security at such seaport; and 
(2) be the point of contact on seaport security 
issues for civilian and commercial port entities at 
such seaport.
Subtitle C—Securing the Supply 
Chain 
SEC. 221. PENALTIES FOR INACCURATE MANIFEST. 
(a) FALSITY OR LACK OF MANIFEST.—Section 584 
of the Tariff Act of 1930 (19 U.S.C. 1584) is amended—
(1) in subsection (a)(1)—
(A) by striking ‘‘$1,000’’ each place it ap-
pears and inserting ‘‘$50,000’’; and 
(B) by striking ‘‘$10,000’’ and inserting 
‘‘$50,000’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(c) CRIMINAL PENALTIES.—Any person who ships 
or prepares for shipment any merchandise bound for the 
United States who intentionally provides inaccurate or 
false information, whether inside or outside the United 
States, with respect to such merchandise for the purpose 
of introducing such merchandise into the United States 
in violation of the laws of the United States, shall be lia-
ble, upon conviction of a violation of this subsection, for 
a fine of not more than $50,000 or imprisonment for 1 
year, or both; except that if the importation of such mer-
chandise into the United States is prohibited, such person 
shall be liable for an additional fine of not more than
$50,000 or imprisonment for not more than 5 years, or 
both.’’. 
(b) PENALTIES FOR VIOLATIONS OF THE ARRIVAL, 
REPORTING, ENTRY, AND CLEARANCE REQUIREMENTS.—
Subsections (b) and (c) of section 436 of Tariff Act of 
1930 (19 U.S.C. 1436) are amended to read as follows: 
‘‘(b) CIVIL PENALTY.—Any master, person in charge 
of a vessel, vehicle, or aircraft pilot who commits any viola-
tion listed in subsection (a) shall be liable for a civil pen-
alty of $25,000 for the first violation, and $50,000 for 
each subsequent violation, and any conveyance used in 
connection with any such violation is subject to seizure 
and forfeiture. 
‘‘(c) CRIMINAL PENALTY.—In addition to being liable 
for a civil penalty under subsection (b), any master, per-
son in charge of a vessel, vehicle, or aircraft pilot who in-
tentionally commits or causes another to commit any vio-
lation listed in subsection (a) shall be liable, upon convic-
tion, for a fine of not more than $50,000 or imprisonment 
for 1 year, or both; except that if the conveyance has, or 
is discovered to have had, on board any merchandise 
(other than sea stores or the equivalent for conveyances 
other than vessels) the importation of which into the 
United States is prohibited, such individual shall be liable