I 
108TH CONGRESS 
1ST SESSION H. R. 2376
To prevent and respond to terrorism and crime at or through ports. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 5, 2003
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, and Ways and Means, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Anti-Terrorism and Port Security Act of 2003’’. 
(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. Manifest requirements. 
Sec. 222. Penalties for inaccurate manifest. 
Sec. 223. Shipment profiling plan. 
Sec. 224. 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—
‘‘(1) the term ‘destructive device’ has the mean-
ing as such term in section 921(a)(4); 
‘‘(2) the term ‘destructive substance’ has the 
meaning as such term in section 31; 
‘‘(3) the term ‘high-level radioactive waste’ has 
the meaning as such term in section 2(12) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10101(12)); 
‘‘(4) the term ‘serious bodily injury’ has the 
meaning as such term in section 1365(g); and 
‘‘(5) the term ‘spent nuclear fuel’ has the 
meaning as such term in section 2(23) of the Nu-
clear Waste Policy Act of 1982 (42 U.S.C. 
10101(23)).
SEC. 102. CRIMINAL SANCTIONS FOR PLACEMENT OF DE-
STRUCTIVE DEVICES OR SUBSTANCES IN 
UNITED STATES JURISDICTIONAL WATERS. 
(a) IN GENERAL.—Chapter 111 of title 18, United 
States Code, is amended by inserting after section 2280 
the following: 
‘‘§ 2280A. Devices or substances in waters of the 
United States likely to destroy or damage 
ships 
‘‘(a) IN GENERAL.—Any person who knowingly 
places or causes to be placed in waters subject to the juris-
diction of the United States, by any means, a device or 
substance that is likely to destroy or cause damage to a 
ship or its cargo, or cause interference with the safe navi-
gation of vessels or interference with maritime commerce, 
such as by damaging or destroying marine terminals, fa-
cilities, and any other maritime structure or entity used 
in maritime commerce, with the intent of causing such de-
struction or damage—
‘‘(1) shall be fined in accordance with this title 
and imprisoned for any term of years or for life; and 
‘‘(2) if the death of any person results from 
conduct prohibited under this section, may be pun-
ished by death.
‘‘(b) APPLICABILITY.—Nothing in this section shall 
be construed to apply to otherwise lawfully authorized and 
conducted activities of the United States Government.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—
The table of sections for chapter 111 of title 18, United 
States Code, is amended by inserting after the item relat-
ing to section 2280 the following:
‘‘2280A. Devices or substances in waters of the United States likely to destroy 
or damage ships.’’.
SEC. 103. PIRACY AND PRIVATEERING. 
Chapter 81 of title 18, United States Code, is amend-
ed to read as follows:
‘‘CHAPTER 81—PIRACY AND 
PRIVATEERING
‘‘Sec. 
‘‘1651. Piracy. 
‘‘1652. Crimes against United States persons or property on board a ship or 
maritime structure. 
‘‘1653. Crimes against persons on board a ship or maritime structure within the 
territorial jurisdiction of the United States. 
‘‘1654. Crimes by United States citizens or resident aliens. 
‘‘1655. Privateering. 
‘‘1656. Theft or conversion of vessel, maritime structure, cargo, or effects. 
‘‘1657. Intentional wrecking or plunder of a vessel, maritime structure, cargo, 
or effects. 
‘‘1658. Knowing receipt of an illegally acquired vessel, maritime structure, 
cargo, or effects. 
‘‘1659. Attempts. 
‘‘1660. Accessories. 
‘‘1661. Inapplicability to United States Government activities.
‘‘§ 1651. Piracy 
‘‘Any person who commits the crime of piracy and 
is afterwards brought into, or found in, the United States 
shall be imprisoned for life.
‘‘§ 1652. Crimes against United States persons or 
property on board a ship or maritime 
structure 
‘‘Any person who commits any illegal act of violence, 
detention, or depredation against the United States, in-
cluding any vessel of the United States, citizen of the 
United States, any commercial structure owned in whole 
or in part by a United States citizen or resident alien, 
or any United States citizen or resident alien, or the prop-
erty of that citizen or resident alien, on board a ship or 
maritime structure and is afterwards brought into or 
found in the United States, shall be fined in accordance 
with this title or imprisoned not more than 20 years, or 
both.
‘‘§ 1653. Crimes against persons on board a ship or 
maritime structure within the territorial 
jurisdiction of the United States 
‘‘Any person who commits any illegal act of violence, 
detention, or depredation against an individual on board 
a ship or maritime structure, or the property of that indi-
vidual, in waters or submerged lands thereunder, subject 
to the jurisdiction of the United States, shall be fined in 
accordance with this title or imprisoned not more than 20 
years, or both.
‘‘§ 1654. Crimes by United States citizens or resident 
aliens 
‘‘Any person, being a United States citizen or resi-
dent alien, or purporting to act under the authority of the 
United States, who commits any illegal act of violence, de-
tention, or depredation against an individual on board a 
ship or maritime structure, or the property of that indi-
vidual, shall be fined in accordance with this title or im-
prisoned not more than 20 years, or both. 
‘‘§ 1655. Privateering 
‘‘(a) OFFENSE.—It shall be unlawful for any person 
to furnish, fit out, arm, or serve in a privateer or private 
vessel used to commit any illegal act of violence, detention, 
or depredation against an individual, or the property of 
that individual, or any vessel or maritime structure with-
out the express authority of the United States Government 
when—
‘‘(1) the perpetrator of the act is a United 
States citizen or resident alien, or purports to act 
under authority of the United States; 
‘‘(2) the individual against whom the act is 
committed is a United States citizen or resident 
alien or the property, vessel, or maritime structure 
involved is owned, in whole or in part, by a United 
States citizen or resident alien; or
‘‘(3) some element of the illegal act of violence, 
detention, or depredation is committed in waters 
subject to the jurisdiction of the United States. 
‘‘(b) PENALTY.—Any person who violates subsection 
(a) shall be fined in accordance with this title or impris-
oned not more than 20 years, or both. 
‘‘§ 1656. Theft or conversion of vessel, maritime struc-
ture, cargo, or effects 
‘‘(a) OFFENSE.—It shall be unlawful for any person 
who is a captain, officer, crewman, or passenger of a vessel 
or maritime structure to assist in the theft or conversion 
of such vessel or maritime structure, or its cargo or effects 
when—
‘‘(1) the perpetrator is a United States citizen 
or resident alien, or purports to act under the au-
thority of the United States; 
‘‘(2) the vessel, maritime structure, cargo, or 
effects is owned in whole or in part by a United 
States citizen or resident alien; or 
‘‘(3) some element of the theft or conversion is 
committed in waters subject to the jurisdiction of 
the United States. 
‘‘(b) PENALTY.—Any person who violates subsection 
(a) shall be fined in accordance with this title or impris-
oned not more than 20 years, or both.
‘‘§ 1657. Intentional wrecking or plunder of a vessel, 
maritime structure, cargo, or effects 
‘‘(a) OFFENSE.—It shall be unlawful for any person 
to—
‘‘(1) intentionally cause the wrecking of a vessel 
or maritime structure by act or omission, either di-
rectly such as by intentional grounding, or indirectly 
by modification or destruction of any navigational 
marker or safety device; 
‘‘(2) intentionally plunder, steal, or destroy a 
vessel, maritime structure, cargo, or effects when 
such vessel or maritime structure is in distress, 
wrecked, lost, stranded, or cast away; or 
‘‘(3) intentionally obstruct or interfere with the 
rescue of a person on board a vessel or maritime 
structure in distress, wrecked, lost, stranded, or cast 
away, or the legal salvage of such a vessel, maritime 
structure, cargo, or effects, when—
‘‘(A) the perpetrator is a United States cit-
izen or resident alien, or purports to act under 
authority of the United States; 
‘‘(B) the vessel, maritime structure, cargo, 
or effects is owned in whole or in part by a 
United States citizen or resident alien; or
‘‘(C) some element of the theft or conver-
sion is committed in waters subject to the juris-
diction of the United States. 
‘‘(b) PENALTY.—Any person who violates subsection 
(a) shall be fined in accordance with this title or impris-
oned not more than 20 years, or both. 
‘‘§ 1658. Knowing receipt of an illegally acquired ves-
sel, maritime structure, cargo, or effects 
‘‘Any person who knowingly receives or acquires a 
vessel, maritime structure, cargo, or effects converted or 
obtained by action falling under any section of this chapter 
shall be fined in accordance with this title or imprisoned 
not more than 20 years, or both. 
‘‘§ 1659. Attempts 
Any person who attempts any act which, if com-
mitted, would constitute an offense under this chapter 
shall be fined in accordance with this title or imprisoned 
not more than 20 years, or both. 
‘‘§ 1660. Accessories 
‘‘(a) COMMISSION OF AN OFFENSE.—Any person who 
knowingly assists any person in the commission of an act 
that constitutes an offense under this chapter shall be 
fined in accordance with this title or imprisoned not more 
than 20 years, or both.
‘‘(b) AVOIDANCE OF CONSEQUENCES.—Any person 
who knowingly assists any person in avoiding the con-
sequences of an act that constitutes an offense under this 
chapter shall be fined in accordance with this title or im-
prisoned not more than 20 years, or both. 
‘‘§ 1661. Inapplicability to United States Government 
activities 
‘‘Nothing in this chapter shall apply to otherwise law-
ful activities—
‘‘(1) carried out by, or at the direction of, the 
United States Government; or 
‘‘(2) undertaken under a letter or marque and 
reprisal issued by the United States Government.’’.
SEC. 104. USE OF A DANGEROUS WEAPON OR EXPLOSIVE 
ON A PASSENGER VESSEL. 
(a) IN GENERAL.—Chapter 39 of title 18, United 
States Code, is amended by inserting after section 831 the 
following: 
‘‘§ 832. Use of a dangerous weapon or explosive on a 
passenger vessel 
‘‘(a) OFFENSE.—It shall be unlawful for any person 
to willfully—
‘‘(1) commit an act, including the use of a dan-
gerous weapon, explosive, or incendiary device, with 
the intent to cause death or serious bodily injury to
a crew member or passenger of a passenger vessel 
or any other person while on board a passenger ves-
sel; or 
‘‘(2) attempt, threaten, or conspire to do any 
act referred to in paragraph (1). 
‘‘(b) PENALTY.—Any person who violates subsection 
(a) shall be fined in accordance with this title or impris-
oned not more than 20 years, or both. 
‘‘(c) AGGRAVATED OFFENSE.—Any person who com-
mits an offense described in subsection (a) in a cir-
cumstance in which—
‘‘(1) the vessel was carrying a passenger at the 
time of the offense; or 
‘‘(2) the offense has resulted in the death of 
any person; 
shall be guilty of an aggravated offense and shall be fined 
in accordance with this title or imprisoned for any term 
of years or for life. 
‘‘(d) APPLICABILITY.—This section shall apply to 
vessels that are subject to the jurisdiction of the United 
States, and vessels carrying passengers who are United 
States citizens or resident aliens, wherever located. 
‘‘(e) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘dangerous weapon’ has the 
meaning given such term in section 930(g);