I 
109TH CONGRESS 
1ST SESSION 
H. R. 173
To prevent and respond to terrorism and crime at or through ports. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 4, 2005
Ms. MILLENDER-MCDONALD introduced the following bill; which was referred 
to the Committee on the Judiciary, and in addition to the Committees 
on Transportation and Infrastructure, Ways and Means, and Homeland 
Security, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To prevent and respond to terrorism and crime at or through 
ports.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Anti-Terrorism and Port Security Act of 2005’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title; table of contents. 
TITLE I—DETERRING AND PUNISHING TERRORISM AND CRIME 
AT UNITED STATES PORTS
Sec. 101. Destruction or interference with vessels or maritime facilities. 
Sec. 102. Criminal sanctions for placement of destructive devices or substances 
in United States jurisdictional waters. 
Sec. 103. Piracy and privateering. 
Sec. 104. Use of a dangerous weapon or explosive on a passenger vessel. 
Sec. 105. Sanctions for failure to heave to and for obstruction of boarding and 
providing false information. 
Sec. 106. Criminal sanctions for violence against maritime navigation. 
Sec. 107. Criminal sanctions for malicious dumping. 
Sec. 108. Attorney general to coordinate port-related crime data collection. 
TITLE II—PROTECTING UNITED STATES PORTS AGAINST 
TERRORISM AND CRIME 
Subtitle A—General Provision 
Sec. 201. Definitions. 
Subtitle B—Security Authority 
Sec. 211. Designated security authority. 
Subtitle C—Securing the Supply Chain 
Sec. 221. Penalties for inaccurate manifest. 
Sec. 222. Shipment profiling plan. 
Sec. 223. Inspection of merchandise at foreign facilities. 
Subtitle D—Security of Seaports and Containers 
Sec. 231. Seaport security requirements. 
Sec. 232. Seaport security cards. 
Sec. 233. Securing sensitive information. 
Sec. 234. Container security. 
Sec. 235. Office and inspection facilities. 
Sec. 236. Security grants to seaports. 
TITLE III—AUTHORIZATION 
Sec. 301. Authorization of appropriations.
TITLE I—DETERRING AND PUN-
ISHING 
TERRORISM 
AND 
CRIME AT UNITED STATES 
PORTS 
SEC. 101. DESTRUCTION OR INTERFERENCE WITH VESSELS 
OR MARITIME FACILITIES. 
(a) IN GENERAL.—Title 18, United States Code, is 
amended by inserting after chapter 65 the following:
‘‘CHAPTER 66—MARITIME VESSELS
‘‘Sec. 
‘‘1371. Jurisdiction and scope. 
‘‘1372. Destruction of vessel or maritime facility. 
‘‘1373. Imparting or conveying false information.
‘‘§ 1371 Jurisdiction and scope 
‘‘(a) IN GENERAL.—There is jurisdiction under sec-
tion 3231 over an offense under this chapter if—
‘‘(1) the prohibited activity takes place within 
the United States, or in waters or submerged lands 
thereunder subject to the jurisdiction of the United 
States; or 
‘‘(2) the prohibited activity takes place outside 
the United States, and—
‘‘(A) an offender or a victim of the prohib-
ited activity is a citizen of the United States; 
‘‘(B) a citizen of the United States was on 
board a vessel to which this chapter applies; or 
‘‘(C) the prohibited activity involves a ves-
sel of the United States. 
‘‘(b) APPLICABILITY.—Nothing in this chapter shall 
apply to otherwise lawful activities carried out by, or at 
the direction of, the United States Government. 
‘‘§ 1372. Destruction of vessel or maritime facility 
‘‘(a) OFFENSES.—It shall be unlawful for any per-
son—
‘‘(1) to willfully—
‘‘(A) set fire to, damage, destroy, disable, 
or wreck any vessel; or 
‘‘(B) place or cause to be placed a destruc-
tive device or destructive substance in, upon, or 
in proximity to, or otherwise make or cause to 
be made an unworkable or unusable or haz-
ardous to work or use, any vessel (as defined in 
section 3 of title 1), or any part or other mate-
rials used or intended to be used in connection 
with the operation of a vessel; or 
‘‘(C) set fire to, damage, destroy, disable, 
or displace a destructive device or destructive 
substance in, upon, or in proximity to, any mar-
itime facility, including any aid to navigation, 
lock, canal, or vessel traffic service facility or 
equipment, or interfere by force or violence with 
the operation of such maritime facility, if such 
action is likely to endanger the safety of any 
vessel in navigation; 
‘‘(D) set fire to, damage, destroy, disable, 
or place a destructive device or destructive sub-
stance in, upon, or in proximity to any appli-
ance, structure, property, machine, apparatus, 
or any facility or other material used or in-
tended to be used in connection with the oper-
ation, maintenance, loading, unloading, or stor-
age of any vessel or any passenger or cargo car-
ried on, or intended to be carried on, any vessel; 
‘‘(E) perform an act of violence against or 
incapacitate an individual on a vessel, if such 
act of violence or incapacitation is likely to en-
danger the safety of the vessel or those on 
board; 
‘‘(F) perform an act of violence against a 
person that causes or is likely to cause serious 
bodily injury in, upon, or in proximity to any 
appliance, structure, property, machine, appa-
ratus, or any facility or other material used or 
intended to be used in connection with the oper-
ation, maintenance, loading, unloading, or stor-
age of any vessel or any passenger or cargo car-
ried or intended to be carried on any vessel; or 
‘‘(G) communicate information, knowing 
the information to be false and under cir-
cumstances in which such information may rea-
sonably be believed, thereby endangering the 
safety of any vessel in navigation; or 
‘‘(2) to attempt or conspire to do anything pro-
hibited under paragraph (1). 
‘‘(b) PENALTY.—Any person who—
‘‘(1) violates subparagraph (A) or (B) of sub-
section (a)(1) shall be fined in accordance with this 
title or imprisoned for a maximum life imprisonment 
term, or both, and if death results, shall be subject 
to the death penalty; and 
‘‘(2) violates subsection (a)(2) or subparagraph 
(C), (D), (E), (F), or (G) of subsection (a)(1) shall 
be fined in accordance with this title or imprisoned 
not more than 20 years, or both. 
‘‘(c) ADDITIONAL PENALTIES.—Any person who is 
fined or imprisoned in accordance with subsection (b) for 
an offense that involved a vessel that, at the time the viola-
tion occurred, carried high-level radioactive waste or spent 
nuclear fuel shall be fined in accordance with this title or 
imprisoned for not less than 30 years, or for life. 
‘‘(d) THREATENED OFFENSE.—Any person who will-
fully imparts or conveys any threat to do an act which 
would violate this chapter, with an apparent determination 
and will to carry out the threat, shall be—
‘‘(1) fined in accordance with this title or im-
prisoned not more than 5 years, or both; and 
‘‘(2) liable for all costs incurred as a result of 
such threat. 
‘‘(e) DEFINITIONS.—For purposes of this section—