123
is amended by striking ‘‘unless’’ and all that follows 
through the end of the subsection and inserting ‘‘unless 
the court finds good cause, or the parties stipulate, with 
the approval of the court, a lesser number.’’. 
(f) IMPANELING OF NEW JURY WHEN UNANIMOUS 
RECOMMENDATION
CANNOT
BE
REACHED.—Section 
3594 of title 18, United States Code, is amended by in-
serting after the first sentence the following: ‘‘If the jury 
is unable to reach any unanimous recommendation under 
section 3593(e), the court, upon motion by the Govern-
ment, may impanel a jury under section 3593(b)(2)(E) for 
a new sentencing hearing.’’. 
(g) PEREMPTORY CHALLENGES.—Rule 24(c) of the 
Federal Rules of Criminal Procedure is amended—
(1) in paragraph (1), by striking ‘‘6’’ and in-
serting ‘‘9’’; and 
(2) in paragraph (4), by adding at the end the 
following: 
‘‘(C) SEVEN, EIGHT
OR
NINE
ALTER-
NATES.—Four additional peremptory challenges 
are permitted when seven, eight, or nine alter-
nates are impaneled.’’.
124
TITLE 
III—REDUCING 
CRIME 
AND TERRORISM AT AMER-
ICA’S SEAPORTS 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Reducing Crime and 
Terrorism at America’s Seaports Act of 2005’’. 
SEC. 302. ENTRY BY FALSE PRETENSES TO ANY SEAPORT. 
(a) IN GENERAL.—Section 1036 of title 18, United 
States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (2), by striking ‘‘or’’ at 
the end; 
(B) by redesignating paragraph (3) as 
paragraph (4); and 
(C) by inserting after paragraph (2) the 
following: 
‘‘(3) any secure or restricted area of any sea-
port, designated as secure in an approved security 
plan, as required under section 70103 of title 46, 
United States Code, and the rules and regulations 
promulgated under that section; or’’; 
(2) in subsection (b)(1), by striking ‘‘5 years’’ 
and inserting ‘‘10 years’’; 
(3) in subsection (c)(1), by inserting ‘‘, captain 
of the seaport,’’ after ‘‘airport authority’’; and
125
(4) by striking the section heading and insert-
ing the following: 
‘‘§ 1036. Entry by false pretenses to any real property, 
vessel, or aircraft of the United States or 
secure area of any airport or seaport’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—
The table of sections for chapter 47 of title 18 is amended 
by striking the matter relating to section 1036 and insert-
ing the following:
‘‘1036. Entry by false pretenses to any real property, vessel, or aircraft of the 
United States or secure area of any airport or seaport.’’.
(c) DEFINITION OF SEAPORT.—Chapter 1 of title 18, 
United States Code, is amended by adding at the end the 
following: 
‘‘§ 26. Definition of seaport 
‘‘As used in this title, the term ‘seaport’ means all 
piers, wharves, docks, and similar structures, adjacent to 
any waters subject to the jurisdiction of the United States, 
to which a vessel may be secured, including areas of land, 
water, or land and water under and in immediate prox-
imity to such structures, buildings on or contiguous to 
such structures, and the equipment and materials on such 
structures or in such buildings.’’. 
(d) TECHNICAL AND CONFORMING AMENDMENT.—
The table of sections for chapter 1 of title 18 is amended
126
by inserting after the matter relating to section 25 the 
following:
‘‘26. Definition of seaport.’’.
SEC. 303. CRIMINAL SANCTIONS FOR FAILURE TO HEAVE 
TO, OBSTRUCTION OF BOARDING, OR PRO-
VIDING FALSE INFORMATION. 
(a) OFFENSE.—Chapter 109 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 2237. Criminal sanctions for failure to heave to, ob-
struction of boarding, or providing false 
information 
‘‘(a)(1) It shall be unlawful for the master, operator, 
or person in charge of a vessel of the United States, or 
a vessel subject to the jurisdiction of the United States, 
to knowingly fail to obey an order by an authorized Fed-
eral law enforcement officer to heave to that vessel. 
‘‘(2) It shall be unlawful for any person on board a 
vessel of the United States, or a vessel subject to the juris-
diction of the United States, to—
‘‘(A) forcibly resist, oppose, prevent, impede, in-
timidate, or interfere with a boarding or other law 
enforcement action authorized by any Federal law or 
to resist a lawful arrest; or 
‘‘(B) intentionally provide materially false infor-
mation to a Federal law enforcement officer during
127
a boarding of a vessel regarding the vessel’s destina-
tion, origin, ownership, registration, nationality, 
cargo, or crew. 
‘‘(b) Whoever violates this section shall be fined 
under this title or imprisoned for not more than 5 years, 
or both. 
‘‘(c) This section does not limit the authority of a 
customs officer under section 581 of the Tariff Act of 
1930 (19 U.S.C. 1581), or any other provision of law en-
forced or administered by the Secretary of the Treasury 
or the Secretary of Homeland Security, or the authority 
of any Federal law enforcement officer under any law of 
the United States, to order a vessel to stop or heave to. 
‘‘(d) A foreign nation may consent or waive objection 
to the enforcement of United States law by the United 
States under this section by radio, telephone, or similar 
oral or electronic means. Consent or waiver may be proven 
by certification of the Secretary of State or the designee 
of the Secretary of State. 
‘‘(e) In this section—
‘‘(1) the term ‘Federal law enforcement officer’ 
has the meaning given the term in section 115(c); 
‘‘(2) the term ‘heave to’ means to cause a vessel 
to slow, come to a stop, or adjust its course or speed
128
to account for the weather conditions and sea state 
to facilitate a law enforcement boarding; 
‘‘(3) the term ‘vessel subject to the jurisdiction 
of the United States’ has the meaning given the 
term in section 2 of the Maritime Drug Law En-
forcement Act (46 U.S.C. App. 1903); and 
‘‘(4) the term ‘vessel of the United States’ has 
the meaning given the term in section 2 of the Mari-
time Drug Law Enforcement Act (46 U.S.C. App. 
1903).’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 109, title 18, United States Code, is 
amended by inserting after the item for section 2236 the 
following:
‘‘2237. Criminal sanctions for failure to heave to, obstruction of boarding, or 
providing false information.’’.
SEC. 304. USE OF A DANGEROUS WEAPON OR EXPLOSIVE 
ON A PASSENGER VESSEL. 
Section 1993 of title 18, United States Code, is 
amended—
(1) in subsection (a)—
(A) in paragraph (1), by inserting ‘‘, pas-
senger vessel,’’ after ‘‘transportation vehicle’’; 
(B) in paragraphs (2)—
(i) by inserting ‘‘, passenger vessel,’’ 
after ‘‘transportation vehicle’’; and
129
(ii) by inserting ‘‘or owner of the pas-
senger vessel’’ after ‘‘transportation pro-
vider’’ each place that term appears; 
(C) in paragraph (3)—
(i) by inserting ‘‘, passenger vessel,’’ 
after ‘‘transportation vehicle’’ each place 
that term appears; and 
(ii) by inserting ‘‘or owner of the pas-
senger vessel’’ after ‘‘transportation pro-
vider’’ each place that term appears; 
(D) in paragraph (5)—
(i) by inserting ‘‘, passenger vessel,’’ 
after ‘‘transportation vehicle’’; and 
(ii) by inserting ‘‘or owner of the pas-
senger vessel’’ after ‘‘transportation pro-
vider’’; and 
(E) in paragraph (6), by inserting ‘‘or 
owner of a passenger vessel’’ after ‘‘transpor-
tation provider’’ each place that term appears; 
(2) in subsection (b)(1), by inserting ‘‘, pas-
senger vessel,’’ after ‘‘transportation vehicle’’; and 
(3) in subsection (c)—
(A) 
by 
redesignating 
paragraph 
(6) 
through (8) as paragraphs (7) through (9); and
130
(B) by inserting after paragraph (5) the 
following: 
‘‘(6) the term ‘passenger vessel’ has the mean-
ing given that term in section 2101(22) of title 46, 
United States Code, and includes a small passenger 
vessel, as that term is defined under section 
2101(35) of that title.’’. 
SEC. 305. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST 
MARITIME NAVIGATION, PLACEMENT OF DE-
STRUCTIVE DEVICES. 
(a) PLACEMENT OF DESTRUCTIVE DEVICES.—Chap-
ter 111 of title 18, United States Code, as amended by 
subsection (a), is further amended by adding at the end 
the following: 
‘‘§ 2282A. Devices or dangerous substances in waters 
of the United States likely to destroy or 
damage Ships or to interfere with mari-
time commerce 
‘‘(a) A person who knowingly places, or causes to be 
placed, in navigable waters of the United States, by any 
means, a device or dangerous substance which is likely to 
destroy or cause damage to a vessel or its cargo, cause 
interference with the safe navigation of vessels, or inter-
ference with maritime commerce (such as by damaging or 
destroying marine terminals, facilities, or any other ma-
131
rine structure or entity used in maritime commerce) with 
the intent of causing such destruction or damage, inter-
ference with the safe navigation of vessels, or interference 
with maritime commerce shall be fined under this title or 
imprisoned for any term of years, or for life; or both. 
‘‘(b) A person who causes the death of any person 
by engaging in conduct prohibited under subsection (a) 
may be punished by death. 
‘‘(c) Nothing in this section shall be construed to 
apply to otherwise lawfully authorized and conducted ac-
tivities of the United States Government. 
‘‘(d) In this section: 
‘‘(1) The term ‘dangerous substance’ means 
any solid, liquid, or gaseous material that has the 
capacity to cause damage to a vessel or its cargo, or 
cause interference with the safe navigation of a ves-
sel. 
‘‘(2) The term ‘device’ means any object that, 
because of its physical, mechanical, structural, or 
chemical properties, has the capacity to cause dam-
age to a vessel or its cargo, or cause interference 
with the safe navigation of a vessel.’’. 
(2) CONFORMING AMENDMENT.—The table of 
sections for chapter 111 of title 18, United States 
Code, as amended by subsection (b), is further
132
amended by adding after the item related 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 com-
merce.’’.
(b) VIOLENCE AGAINST MARITIME NAVIGATION.—
(1) IN
GENERAL.—Chapter 111 of title 18, 
United States Code as amended by subsections (a) 
and (c), is further amended by adding at the end the 
following: 
‘‘§ 2282B. Violence against aids to maritime naviga-
tion 
‘‘Whoever intentionally destroys, seriously damages, 
alters, moves, or tampers with any aid to maritime naviga-
tion maintained by the Saint Lawrence Seaway Develop-
ment Corporation under the authority of section 4 of the 
Act of May 13, 1954 (33 U.S.C. 984), by the Coast Guard 
pursuant to section 81 of title 14, United States Code, 
or lawfully maintained under authority granted by the 
Coast Guard pursuant to section 83 of title 14, United 
States Code, if such act endangers or is likely to endanger 
the safe navigation of a ship, shall be fined under this 
title or imprisoned for not more than 20 years.’’. 
(2) CONFORMING AMENDMENT.—The table of 
sections for chapter 111 of title 18, United States 
Code, as amended by subsections (b) and (d) is fur-
133
ther amended by adding after the item related to 
section 2282A the following:
‘‘2282B. Violence against aids to maritime navigation.’’.
SEC. 306. TRANSPORTATION OF DANGEROUS MATERIALS 
AND TERRORISTS. 
(a) TRANSPORTATION OF DANGEROUS MATERIALS 
AND TERRORISTS.—Chapter 111 of title 18, as amended 
by section 305, is further amended by adding at the end 
the following: 
‘‘§ 2283. Transportation of explosive, biological, chem-
ical, or radioactive or nuclear materials 
‘‘(a) IN GENERAL.—Whoever knowingly transports 
aboard any vessel within the United States and on waters 
subject to the jurisdiction of the United States or any ves-
sel outside the United States and on the high seas or hav-
ing United States nationality an explosive or incendiary 
device, biological agent, chemical weapon, or radioactive 
or nuclear material, knowing or having reason to believe 
that any such item is intended to be used to commit an 
offense listed under section 2332b(g)(5)(B), shall be fined 
under this title or imprisoned for any term of years or 
for life, or both. 
‘‘(b) DEATH PENALTY.—If the death of any indi-
vidual results from an offense under subsection (a) the 
offender may be punished by death. 
‘‘(c) DEFINITIONS.—In this section:
134
‘‘(1) BIOLOGICAL AGENT.—The term ‘biological 
agent’ means any biological agent, toxin, or vector 
(as those terms are defined in section 178). 
‘‘(2) BY-PRODUCT MATERIAL.—The term ‘by-
product material’ has the meaning given that term 
in section 11(e) of the Atomic Energy Act of 1954 
(42 U.S.C. 2014(e)). 
‘‘(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) and includes ex-
plosive materials, as that term is defined in section 
841(c) and explosive as defined in section 844(j). 
‘‘(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;
135
‘‘(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.—Whoever knowingly transports 
any terrorist aboard any vessel within the United States 
and on waters subject to the jurisdiction of the United 
States or any vessel outside the United States and on the 
high seas or having United States nationality, knowing or 
having reason to believe that the transported person is a 
terrorist, shall be fined under this title or 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).’’.
136
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 111 of title 18, United States Code, as 
amended by section 305, 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. 307. 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, including 
extraterritorial jurisdiction, over an offense 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
137
under section 101(a)(22) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(22)); or 
‘‘(B) 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 intentionally—
‘‘(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), destructive 
substance, as defined in section 31(a)(3), or an ex-
plosive, as defined in section 844(j) in, upon, or 
near, or otherwise makes or causes to be made un-
workable or unusable or hazardous to work or use, 
any vessel, or any part or other materials used or in-
tended 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
138
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-
139
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 or imprisoned not more than 
30 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
140
(42 U.S.C. 10101(23)), shall be fined under this title, im-
prisoned for a term up to life, or both. 
‘‘(d) DEATH PENALTY.—If the death of any indi-
vidual results from an offense under subsection (a) the 
offender shall be punished by death or imprisonment for 
any term or years or for life. 
‘‘(e) THREATS.—Whoever knowingly 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 or 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 knowingly, or 
with reckless disregard for the safety of human life, im-
parts or conveys or causes to be imparted or conveyed
141
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 
or imprisoned not more than 5 years.’’. 
(c) CONFORMING AMENDMENT.—The table of chap-
ters 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. 308. 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’’;
142
(2) in the fifth undesignated paragraph, by 
striking ‘‘in each case’’ and all that follows through 
‘‘or both’’ the second place it appears and inserting 
‘‘be fined under this title or imprisoned not more 
than 15 years, or both, but if the amount or value 
of such money, baggage, goods, or chattels is less 
than $1,000, shall be fined under this title or im-
prisoned for not more than 5 years, or both’’; 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.’’.
143
(2) TRANSPORTATION
AND
SALE
OF
STOLEN 
VESSELS.—
(A) TRANSPORTATION.—Section 2312 of 
title 18, United States Code, is amended—
(i) by striking ‘‘motor vehicle or air-
craft’’ and inserting ‘‘motor vehicle, vessel, 
or aircraft’’; and 
(ii) by striking ‘‘10 years’’ and insert-
ing ‘‘15 years’’. 
(B) SALE.—Section 2313(a) of title 18, 
United States Code, is amended—
(i) by striking ‘‘motor vehicle or air-
craft’’ and inserting ‘‘motor vehicle, vessel, 
or aircraft’’; and 
(ii) by striking ‘‘10 years’’ and insert-
ing ‘‘15 years’’. 
(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 title. 
(d) ANNUAL REPORT OF LAW ENFORCEMENT AC-
TIVITIES.—The Attorney General shall annually submit to
144
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 title. 
(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, 2006. 
SEC. 309. 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—
145
(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. 310. 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
146
section, shall be fined under this title or imprisoned 
not more than 20 years, or both; and 
‘‘(3) if death results from an offense under this 
section, shall be subject to the death penalty or to 
imprisonment for any term or years or for life.’’. 
SEC. 311. 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
147
‘‘(2) directly or indirectly, corruptly demands, 
seeks, receives, accepts, or agrees to receive or ac-
cept anything of value personally or for any other 
person or entity in return for—
‘‘(A) being influenced in the performance 
of any official act affecting any secure or re-
stricted area or seaport; and 
‘‘(B) knowing that such influence will be 
used to commit, or plan to commit, inter-
national or domestic terrorism, 
shall be fined under this title or imprisoned not more than 
20 years, or both. 
‘‘(b) DEFINITION.—In this section, the term ‘secure 
or restricted area’ means an area of a vessel or facility 
designated as secure in an approved security plan, as re-
quired under section 70103 of title 46, United States 
Code, and the rules and regulations promulgated under 
that section.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 11 of title 18, United States Code, is 
amended by adding at the end the following:
‘‘226. Bribery affecting port security.’’.
148
SEC. 312. PENALTIES FOR SMUGGLING GOODS INTO THE 
UNITED STATES. 
The third undesignated paragraph of section 545 of 
title 18, United States Code, is amended by striking ‘‘5 
years’’ and inserting ‘‘20 years’’. 
SEC. 313. SMUGGLING GOODS FROM THE UNITED STATES. 
(a) IN GENERAL.—Chapter 27 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 554. Smuggling goods from the United States 
‘‘(a) IN GENERAL.—Whoever fraudulently or know-
ingly exports or sends from the United States, or attempts 
to export or send from the United States, any merchan-
dise, article, or object contrary to any law or regulation 
of the United States, or receives, conceals, buys, sells, or 
in any manner facilitates the transportation, concealment, 
or sale of such merchandise, article or object, prior to ex-
portation, knowing the same to be intended for expor-
tation contrary to any law or regulation of the United 
States, shall be fined under this title, imprisoned not more 
than 10 years, or both. 
‘‘(b) DEFINITION.—In this section, the term ‘United 
States’ has the meaning given that term in section 545.’’.
149
(b) CONFORMING AMENDMENT.—The chapter anal-
ysis for chapter 27 of title 18, United States Code, is 
amended by adding at the end the following:
‘‘554. Smuggling goods from the United States.’’.
(c) 
SPECIFIED
UNLAWFUL
ACTIVITY.—Section 
1956(c)(7)(D) of title 18, United States Code, is amended 
by inserting ‘‘section 554 (relating to smuggling goods 
from the United States),’’ before ‘‘section 641 (relating 
to public money, property, or records),’’. 
(d) TARIFF ACT OF 1990.—Section 596 of the Tariff 
Act of 1930 (19 U.S.C. 1595a) is amended by adding at 
the end the following: 
‘‘(d) Merchandise exported or sent from the United 
States or attempted to be exported or sent from the 
United States contrary to law, or the proceeds or value 
thereof, and property used to facilitate the receipt, pur-
chase, transportation, concealment, or sale of such mer-
chandise prior to exportation shall be forfeited to the 
United States.’’. 
(e) REMOVING GOODS FROM CUSTOMS CUSTODY.—
Section 549 of title 18, United States Code, is amended 
in the 5th paragraph by striking ‘‘two years’’ and insert-
ing ‘‘10 years’’.
150
TITLE IV—COMBATING 
TERRORISM FINANCING 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Combating Terrorism 
Financing Act of 2005’’. 
SEC. 402. INCREASED PENALTIES FOR TERRORISM FINANC-
ING. 
Section 206 of the International Emergency Eco-
nomic Powers Act (50 U.S.C. 1705) is amended—
(1) in subsection (a), by deleting ‘‘$10,000’’ 
and inserting ‘‘$50,000’’. 
(2) in subsection (b), by deleting ‘‘ten years’’ 
and inserting ‘‘twenty years’’. 
SEC. 403. TERRORISM-RELATED SPECIFIED ACTIVITIES 
FOR MONEY LAUNDERING. 
(a) AMENDMENTS TO RICO.—Section 1961(1) of 
title 18, United States Code, is amended—
(1) in subparagraph (B), by inserting ‘‘section 
1960 (relating to illegal money transmitters),’’ be-
fore ‘‘sections 2251’’; and 
(2) in subparagraph (F), by inserting ‘‘section 
274A (relating to unlawful employment of aliens),’’ 
before ‘‘section 277’’.
151
(b) AMENDMENTS TO SECTION 1956(c)(7).—Section 
1956(c)(7)(D) of title 18, United States Code, is amended 
by—
(1) inserting ‘‘, or section 2339C (relating to fi-
nancing of terrorism)’’ before ‘‘of this title’’; and 
(2) striking ‘‘or any felony violation of the For-
eign Corrupt Practices Act’’ and inserting ‘‘any fel-
ony violation of the Foreign Corrupt Practices Act, 
or any violation of section 208 of the Social Security 
Act (relating to obtaining funds through misuse of 
a social security number)’’. 
(c) CONFORMING
AMENDMENTS
TO
SECTIONS 
1956(e) AND 1957(e).—
(1) Section 1956(e) of title 18, United States 
Code, is amended to read as follows: 
‘‘(e) Violations of this section may be investigated by 
such components of the Department of Justice as the At-
torney General may direct, and by such components of the 
Department of the Treasury as the Secretary of the Treas-
ury may direct, as appropriate, and, with respect to of-
fenses over which the Department of Homeland Security 
has jurisdiction, by such components of the Department 
of Homeland Security as the Secretary of Homeland Secu-
rity may direct, and, with respect to offenses over which 
the United States Postal Service has jurisdiction, by the
152
Postal Service. Such authority of the Secretary of the 
Treasury, the Secretary of Homeland Security, and the 
Postal Service shall be exercised in accordance with an 
agreement which shall be entered into by the Secretary 
of the Treasury, the Secretary of Homeland Security, the 
Postal Service, and the Attorney General. Violations of 
this section involving offenses described in paragraph 
(c)(7)(E) may be investigated by such components of the 
Department of Justice as the Attorney General may di-
rect, and the National Enforcement Investigations Center 
of the Environmental Protection Agency.’’. 
(2) Section 1957(e) of title 18, United States 
Code, is amended to read as follows: 
‘‘(e) Violations of this section may be investigated by 
such components of the Department of Justice as the At-
torney General may direct, and by such components of the 
Department of the Treasury as the Secretary of the Treas-
ury may direct, as appropriate, and, with respect to of-
fenses over which the Department of Homeland Security 
has jurisdiction, by such components of the Department 
of Homeland Security as the Secretary of Homeland Secu-
rity may direct, and, with respect to offenses over which 
the United States Postal Service has jurisdiction, by the 
Postal Service. Such authority of the Secretary of the 
Treasury, the Secretary of Homeland Security, and the
153
Postal Service shall be exercised in accordance with an 
agreement which shall be entered into by the Secretary 
of the Treasury, the Secretary of Homeland Security, the 
Postal Service, and the Attorney General.’’. 
SEC. 404. ASSETS OF PERSONS COMMITTING TERRORIST 
ACTS 
AGAINST 
FOREIGN 
COUNTRIES 
OR 
INTERNATIONAL ORGANIZATIONS. 
Section 981(a)(1)(G) of title 18, United States Code, 
is amended—
(1) by striking ‘‘or’’ at the end of clause (ii); 
(2) by striking the period at the end of clause 
(iii) and inserting ‘‘; or’’; and 
(3) by inserting the following after clause (iii): 
‘‘(iv) of any individual, entity, or or-
ganization engaged in planning or perpe-
trating any act of international terrorism 
(as defined in section 2331) against any 
international organization (as defined in 
section 209 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 
4309(b)) or against any foreign Govern-
ment. Where the property sought for for-
feiture is located beyond the territorial 
boundaries of the United States, an act in 
furtherance of such planning or perpetra-