I 
109TH CONGRESS 
1ST SESSION H. R. 2651
To reduce crime and terrorism at America’s seaports, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 26, 2005
Mr. SCHIFF (for himself and Mr. COBLE) introduced the following bill; which 
was referred to the Committee on the Judiciary 
A BILL 
To reduce crime and terrorism at America’s seaports, and 
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Reducing Crime and 
Terrorism at America’s Seaports Act of 2005’’. 
SEC. 2. 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’’ and in-
serting ‘‘10’’; 
(3) in subsection (c)(1), by inserting ‘‘, captain 
of the seaport,’’ after ‘‘airport authority’’; and 
(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 
by inserting after the matter relating to section 25 the 
following:
‘‘26. Definition of seaport.’’.
SEC. 3. CRIMINAL SANCTIONS FOR FAILURE TO HEAVE TO, 
OBSTRUCTION OF BOARDING, OR PROVIDING 
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) provide information to a Federal law en-
forcement officer during a boarding of a vessel re-
garding the vessel’s destination, origin, ownership, 
registration, nationality, cargo, or crew, which that 
person knows is materially false. 
‘‘(b) 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. 
‘‘(c) 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. 
‘‘(d) 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 
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).
‘‘(e) Any person who intentionally violates the provi-
sions of this section shall be fined under this title, impris-
oned for not more than 5 years, or both.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—
The table of sections 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. 4. 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 
(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 
(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. 5. 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-
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, 
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) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The table of sections for chapter 111 of 
title 18, United States Code, as amended by sub-
section (b), is further 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, imprisoned for not more than 20 years, or both.’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The table of sections for chapter 111 of 
title 18, United States Code, as amended by sub-
sections (b) and (d) is further amended by adding 
after the item related to section 2282A the fol-
lowing:
‘‘2282B. Violence against aids to maritime navigation.’’.
SEC. 6. TRANSPORTATION OF DANGEROUS MATERIALS AND 
TERRORISTS. 
(a) TRANSPORTATION OF DANGEROUS MATERIALS 
AND TERRORISTS.—Chapter 111 of title 18, as amended 
by section 5, 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.—Any person who knowingly and 
willfully transports 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 an 
explosive or incendiary device, biological agent, chemical 
weapon, or radioactive or nuclear material, knowing 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, imprisoned for any term of years or for life, or 
both. 
‘‘(b) CAUSING DEATH.—Any person who causes the 
death of any person by engaging in conduct prohibited by 
subsection (a) may be punished by death. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(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)).