cluding offenses occurring outside ports of entry and 
ports of shipment origination) that identifies the 
port of entry, the port where the shipment origi-
nated, where the theft occurred, and any other infor-
mation specified by the Attorney General; 
(2) create a database to contain the reports de-
scribed in paragraph (1) and integrate those reports, 
to the extent feasible, with other noncriminal justice 
and intelligence data, such as insurer bill of lading, 
cargo contents and value, point of origin, and lien 
holder filings; and 
(3) prescribe procedures for access to the data-
base created in accordance with paragraph (2) by 
appropriate Federal, State, and local governmental 
agencies and private companies or organizations, 
while limiting access to privacy of the information in 
accordance with other applicable Federal laws. 
(b) MODIFICATION OF DATABASES.—
(1) IN GENERAL.—United States Government 
agencies with significant regulatory or law enforce-
ment responsibilities at United States ports shall, to 
the extent feasible, modify their information data-
bases to ensure the collection and retrievability of 
data relating to crime, terrorism, and related activi-
ties at, or affecting, United States ports.
(2) DESIGNATION OF AGENCIES.—The Attorney 
General, after consultation with the Secretary of 
Homeland Security, shall designate the agencies re-
ferred to in paragraph (1). 
(c) OUTREACH PROGRAM.—The Attorney General, in 
consultation with the Secretary of Homeland Security, the 
National Maritime Security Advisory Committee estab-
lished under section 70112 of title 46, United States Code, 
and the appropriate Federal and State agencies, shall es-
tablish an outreach program—
(1) to work with State and local law enforce-
ment officials to harmonize the reporting of data on 
cargo theft among States and localities with the 
United States Government’s reports; and 
(2) to work with local port security committees 
to disseminate cargo theft information to appro-
priate law enforcement officials. 
(d) ANNUAL REPORT.—The Attorney General shall 
report annually to the Committee on the Judiciary of the 
Senate and the House of Representatives on the imple-
mentation of this section. 
(e) INTERSTATE OR FOREIGN SHIPMENTS BY CAR-
RIER; STATE PROSECUTIONS.—
(1) STATE
PROSECUTIONS.—Section 659 of 
title 18, United States Code, is amended—
(A) in the first undesignated paragraph—
(i) by striking ‘‘Whoever embezzles’’ 
and inserting the following: 
‘‘(a) OFFENSE; PENALTY.—Whoever—
‘‘(1) embezzles’’; 
(ii) by striking ‘‘from any pipeline sys-
tem’’ and all that follows through ‘‘with in-
tent to convert to his own use’’; and 
(iii) by striking ‘‘or’’ at the end; 
(B) in the second undesignated para-
graph—
(i) by striking ‘‘Whoever buys’’ and 
inserting the following: 
‘‘(2) buys’’; and 
(ii) by striking ‘‘or’’ at the end; 
(C) in the third undesignated paragraph—
(i) by striking ‘‘Whoever embezzles’’ 
and inserting the following’’
‘‘(3) embezzles’’; and 
(ii) by striking ‘‘with intent to convert 
to his own use’’; 
(D) in the fourth undesignated paragraph, 
by striking ‘‘Whoever embezzles’’ and inserting 
the following: 
‘‘(4) embezzles’’;
(E) in the fifth undesignated paragraph, 
by striking ‘‘Shall in each case’’ and inserting 
the following: 
‘‘shall in each case’’; 
(F) in the sixth undesignated paragraph, 
by striking ‘‘The’’ and inserting the following: 
‘‘(b) LOCATION OF OFFENSE.—The’’; 
(G) in the seventh undesignated para-
graph, by striking ‘‘The’’ and inserting the fol-
lowing’’
‘‘(c) SEPARATE OFFENSE.—The’’; 
(H) in the eighth undesignated paragraph, 
by striking ‘‘To’’ and inserting the following: 
‘‘(d) PRIMA FACIE EVIDENCE.—To’’; 
(I) in the ninth undesignated paragraph, 
by striking ‘‘A’’ and inserting the following: 
‘‘(e) PROSECUTION.—A’’; and 
(J) by adding at the end the following: 
‘‘(f) CIVIL PENALTY.—
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, and in addition to any penalties 
that may be available under any other provision of 
law, a person who is found by the Secretary of 
Homeland Security, after notice and an opportunity 
for a hearing, to have violated this section or a regu-
lation issued under this section shall be liable to the 
United States for a civil penalty not to exceed 
$25,000 for each violation. 
‘‘(2) SEPARATE VIOLATIONS.—Each day of a 
continuing violation shall constitute a separate viola-
tion. 
‘‘(3) AMOUNT OF PENALTY.—
‘‘(A) IN GENERAL.—The amount of a civil 
penalty for a violation of this section or a regu-
lation issued under this section shall be as-
sessed by the Attorney General, or the designee 
of the Attorney General, by written notice. 
‘‘(B) CONSIDERATIONS.—In determining 
the amount of a civil penalty under this para-
graph, the Attorney General shall take into ac-
count—
‘‘(i) the nature, circumstances, extent, 
and gravity of the prohibited act com-
mitted; and 
‘‘(ii) with respect to the violator, the 
degree of culpability, any history of prior 
offenses, ability to pay, and such other 
matters as justice may require. 
‘‘(4) MODIFICATION
OF
PENALTY.—The Sec-
retary of Homeland Security may compromise, mod-