I 
108TH CONGRESS 
1ST SESSION H. R. 3456
To deter and punish terrorism and crime at United States ports, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 6, 2003
Mr. BELL 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 consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To deter and punish terrorism and crime at United States 
ports, 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 ‘‘Port Anti-Terrorism 
and Security Act of 2003’’.
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)).
‘‘§ 1373. Imparting or conveying false information 
‘‘(a) IN GENERAL.—Any person who imparts or con-
veys, or causes to be imparted or conveyed, false informa-
tion, knowing the information to be false, concerning an 
attempt or alleged attempt being made or to be made, to 
do any act that is an offense under this chapter or chapter 
2, 97, or 111, shall be subject to a civil penalty of not 
more than $5,000, which shall be recoverable in a civil 
action brought in the name of the United States. 
‘‘(b) INCREASED PENALTY.—Any person who will-
fully and maliciously, or with reckless disregard for the 
safety of human life, imparts or conveys, or causes to be 
imparted or conveyed, false information, knowing the in-
formation to be false, concerning an attempt or alleged 
attempt being made by or to be made, to do any act that 
is an offense under this chapter or chapter 2, 97, or 111, 
shall be fined in accordance with this title or imprisoned 
not more than 5 years, or both.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—
The table of chapters at the beginning of title 18, is 
amended by inserting after the item relating to chapter 
65 the following:
‘‘66. Maritime Vessels ....................................................................... 1371’’.
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.—An 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);
‘‘(2) the term ‘explosive or incendiary device’ 
has the meaning given such term in section 232(5); 
‘‘(3) the term ‘passenger’ has the same mean-
ing given such term in section 2101(21) of title 46; 
‘‘(4) the term ‘passenger vessel’ has the same 
meaning given such term in section 2101(22) of title 
46; and 
‘‘(5) the term ‘serious bodily injury’ has the 
meaning given such term in section 1365(g).’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—
The table of sections for chapter 39 of title 18, United 
States Code, is amended by inserting after the item relat-
ing to section 831 the following:
‘‘832. 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 
PRO-
VIDING FALSE INFORMATION. 
(a) IN GENERAL.—Chapter 109 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 2237. Sanctions for failure to heave to; sanctions 
for obstruction of boarding or providing 
false information 
‘‘(a) FAILURE TO HEAVE TO.—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 
to heave to on being ordered to do so by an authorized 
Federal law enforcement officer. 
‘‘(b) OBSTRUCTION OF BOARDING AND PROVIDING 
FALSE INFORMATION.—It shall be unlawful for any per-
son on board a vessel of the United States or a vessel sub-
ject to the jurisdiction of the United States to—
‘‘(1) forcibly assault, resist, oppose, prevent, 
impede, intimidate, or interfere with a boarding or 
other law enforcement action authorized by any Fed-
eral law, or to resist a lawful arrest; or 
‘‘(2) 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 that the per-
son knows is false. 
‘‘(c) LIMITATIONS.—This section shall not limit the 
authority of—
‘‘(1) an officer under section 581 of the Tariff 
Act of 1930 (19 U.S.C. 1581) or any other provision 
of law enforced or administered by the Secretary of 
the Treasury or the Under Secretary for Border and 
Transportation Security of the Department of 
Homeland Security; or
‘‘(2) a Federal law enforcement officer under 
any law of the United States to order a vessel to 
stop or heave to. 
‘‘(d) CONSENT OR OBJECTION TO ENFORCEMENT.—
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, which consent or waiver may be proven 
by certification of the Secretary of State or the Secretary’s 
designee. 
‘‘(e) PENALTY.—Any person who intentionally vio-
lates this section shall be fined in accordance with this 
title and imprisoned not more than 1 year. 
‘‘(f) DEFINITIONS.—For purposes of this section—
‘‘(1) the terms ‘vessel of the United States’ and 
‘vessel subject to the jurisdiction of the United 
States’ have the same meanings as such terms in 
section 3 of the Maritime Drug Law Enforcement 
Act (46 U.S.C. App. 1903); 
‘‘(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; and
‘‘(3) the term ‘Federal law enforcement officer’ 
has the same meaning as such term in section 
115.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—
The table of sections for chapter 109 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing:
‘‘2237. Sanctions for failure to heave to; sanctions for obstruction of boarding 
or providing false information.’’.
SEC. 106. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST 
MARITIME NAVIGATION. 
Section 2280(a) of title 18, United States Code, is 
amended—
(1) in paragraph (1)—
(A) by redesignating subparagraphs (F), 
(G), and (H) as (G), (H), and (I), respectively; 
(B) by inserting after subparagraph (E) 
the following: 
‘‘(F) destroys, damages, alters, moves, or 
tampers with any aid to maritime navigation 
maintained by the Saint Lawrence Seaway De-
velopment Corporation under the authority of 
section 4 of the Act of May 13, 1954, (33 
U.S.C. 984) or the Coast Guard pursuant to 
section 81 of title 14, or lawfully maintained by 
the Coast Guard pursuant to section 83 of title
14, if such act endangers or is likely to endan-
ger the safe navigation of a ship;’’; and 
(C) in subparagraph (I), as so redesig-
nated, by striking ‘‘through (G)’’ and inserting 
‘‘through (H)’’; and 
(2) in paragraph (2), by striking ‘‘(C) or (E)’’ 
and inserting ‘‘(C), (E), or (F)’’. 
SEC. 107. CRIMINAL SANCTIONS FOR MALICIOUS DUMPING. 
(a) IN GENERAL.—Chapter 111 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 2282. Knowing discharge or release 
‘‘(a) ENDANGERMENT OF HUMAN LIFE.—Any per-
son who knowingly discharges or releases oil, a hazardous 
material, a noxious liquid substance, or any other sub-
stance into the navigable waters of the United States or 
the adjoining shoreline with the intent to endanger human 
life, health, or welfare—
‘‘(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) ENDANGERMENT OF MARINE ENVIRONMENT.—
Any person who knowingly discharges or releases oil, a
hazardous material, a noxious liquid substance, or any 
other substance into the navigable waters of the United 
States or the adjacent shoreline with the intent to endan-
ger the marine environment shall be fined in accordance 
with this title or imprisoned not more than 30 years, or 
both. 
‘‘(c) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘discharge’ means any spilling, 
leaking, pumping, pouring, emitting, emptying, or 
dumping; 
‘‘(2) the term ‘hazardous material’ has the 
same meaning given such term in section 2101(14) 
of title 46; 
‘‘(3) the term ‘marine environment’ has the 
same meaning given such term in section 2101(15) 
of title 46; 
‘‘(4) the term ‘navigable waters’ has the same 
meaning given such term in section 502(7) of the 
Federal Water Pollution Control Act (33 U.S.C. 
1362(7)), and also includes the territorial sea of the 
United States as described in Presidential Proclama-
tion 5928 of December 27, 1988; and 
‘‘(5) the term ‘noxious liquid substance’ has the 
same meaning given such term in the MARPOL 
Protocol as defined in section 2(a)(3) of the Act to
Prevent 
Pollution 
from 
Ships 
(33 
U.S.C. 
1901(a)(3)).’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—
The table of sections for chapter 111 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing:
‘‘2282. Knowing discharge or release.’’.
SEC. 108. ATTORNEY GENERAL TO COORDINATE PORT-RE-
LATED CRIME DATA COLLECTION. 
(a) REGULATIONS.—The Attorney General shall 
issue regulations to—
(1) require the reporting by a carrier that is the 
victim of a cargo theft offense to the Attorney Gen-
eral of information on the cargo theft offense (in-
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 Attor-
ney 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-
ify, or remit, with or without conditions, any civil 
penalty that is subject to imposition or which has 
been imposed under this section. 
‘‘(5) FAILURE TO PAY.—If a person fails to pay 
an assessment of a civil penalty after it has become 
final, the Secretary of Homeland Security may refer 
the matter to the Attorney General for collection in 
an appropriate district court of the United States. 
‘‘(g) DEFINITION.—For purposes of this section, the 
term ‘goods or chattels’ means to be moving as an inter-
state 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.’’. 
(2) FEDERAL SENTENCING GUIDELINES.—Pur-
suant to section 994 of title 28, United States Code, 
the United States Sentencing Commission shall re-
view the Federal Sentencing Guidelines to determine 
whether sentencing enhancement is appropriate for 
any offense under section 659 of title 18, United 
States Code, as amended by this subsection. 
(3) ANNUAL REPORT.—The Attorney General 
shall annually submit to Congress a report that shall 
include an evaluation of law enforcement activities 
relating to the investigation and prosecution of of-
fenses under section 659 of title 18, United States 
Code. 
TITLE II—PROTECTING UNITED 
STATES PORTS AGAINST TER-
RORISM AND CRIME 
SEC. 201. DEFINITIONS. 
In this title:
(1) AIRCRAFT.—The term ‘‘aircraft’’ has the 
meaning given that term in section 40102 of title 
49, United States Code. 
(2) CAPTAIN-OF-THE-PORT.—The term ‘‘Cap-
tain-of-the-Port’’, with respect to a United States 
seaport, means the individual designated by the 
Commandant of the Coast Guard as the Captain-of-
the-Port at that seaport. 
(3) COMMON
CARRIER.—The term ‘‘common 
carrier’’ means any person that holds itself out to 
the general public as a provider for hire of a trans-
portation by water, land, or air of merchandise, 
whether or not the person actually operates the ves-
sel, vehicle, or aircraft by which the transportation 
is provided, between a port or place and a port or 
place in the United States. 
(4) CONTAINER.—The term ‘‘container’’ means 
a container that is used or designed for use for the 
international transportation of merchandise by ves-
sel, vehicle, or aircraft. 
(5) DIRECTORATE.—The term ‘‘Directorate’’ 
means the Border and Transportation Security Di-
rectorate of the Department of Homeland Security.
(6) MANUFACTURER.—The term ‘‘manufac-
turer’’ means a person who fabricates or assembles 
merchandise for sale in commerce. 
(7) MERCHANDISE.—The term ‘‘merchandise’’ 
has the meaning given that term in section 401 of 
the Tariff Act of 1930 (19 U.S.C. 1401). 
(8) SHIPMENT.—The term ‘‘shipment’’ means 
cargo traveling in international commerce under a 
bill of lading. 
(9) UNITED
STATES
SEAPORT.—The term 
‘‘United States seaport’’ means a place in the 
United States on a waterway with shoreside facilities 
for the intermodal transfer of cargo containers that 
are used in international trade. 
(10) VEHICLE.—The term ‘‘vehicle’’ has the 
meaning given that term in section 401 of the Tariff 
Act of 1930 (19 U.S.C. 1401). 
(11) VESSEL.—The term ‘‘vessel’’ has the 
meaning given that term in section 401 of the Tariff 
Act of 1930 (19 U.S.C. 1401). 
SEC. 202. DESIGNATED SECURITY AUTHORITY. 
The Captain-of-the-Port of each United States sea-
port shall be the primary authority responsible for security 
at the United States seaport and shall—
(1) coordinate security at such seaport; and
(2) be the point of contact on seaport security 
issues for civilian and commercial port entities at 
such seaport. 
SEC. 203. PENALTIES FOR INACCURATE MANIFEST. 
(a) FALSITY OR LACK OF MANIFEST.—Section 584 
of the Tariff Act of 1930 (19 U.S.C. 1584) is amended—
(1) in subsection (a)(1)—
(A) by striking ‘‘$1,000’’ each place it ap-
pears and inserting ‘‘$50,000’’; and 
(B) by striking ‘‘$10,000’’ and inserting 
‘‘$50,000’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(c) CRIMINAL PENALTIES.—Any person who ships 
or prepares for shipment any merchandise bound for the 
United States who intentionally provides inaccurate or 
false information, whether inside or outside the United 
States, with respect to such merchandise for the purpose 
of introducing such merchandise into the United States 
in violation of the laws of the United States, shall be lia-
ble, upon conviction of a violation of this subsection, for 
a fine of not more than $50,000 or imprisonment for 1 
year, or both; except that if the importation of such mer-
chandise into the United States is prohibited, such person 
shall be liable for an additional fine of not more than
$50,000 or imprisonment for not more than 5 years, or 
both.’’. 
(b) PENALTIES FOR VIOLATIONS OF THE ARRIVAL, 
REPORTING, ENTRY, AND CLEARANCE REQUIREMENTS.—
Subsections (b) and (c) of section 436 of Tariff Act of 
1930 (19 U.S.C. 1436) are amended to read as follows: 
‘‘(b) CIVIL PENALTY.—Any master, person in charge 
of a vessel, vehicle, or aircraft pilot who commits any viola-
tion listed in subsection (a) shall be liable for a civil pen-
alty of $25,000 for the first violation, and $50,000 for 
each subsequent violation, and any conveyance used in 
connection with any such violation is subject to seizure 
and forfeiture. 
‘‘(c) CRIMINAL PENALTY.—In addition to being liable 
for a civil penalty under subsection (b), any master, per-
son in charge of a vessel, vehicle, or aircraft pilot who in-
tentionally commits or causes another to commit any vio-
lation listed in subsection (a) shall be liable, upon convic-
tion, for a fine of not more than $50,000 or imprisonment 
for 1 year, or both; except that if the conveyance has, or 
is discovered to have had, on board any merchandise 
(other than sea stores or the equivalent for conveyances 
other than vessels) the importation of which into the 
United States is prohibited, such individual shall be liable
for an additional fine of not more than $50,000 or impris-
onment for not more than 5 years, or both.’’. 
SEC. 204. INSPECTION OF MERCHANDISE AT FOREIGN FA-
CILITIES. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary of Homeland Security shall sub-
mit to Congress a plan to—
(1) station inspectors from the Directorate, 
other Federal agencies, or the private sector at the 
foreign facilities of manufacturers or common car-
riers to profile and inspect merchandise and the con-
tainers or other means by which such merchandise 
is transported as they are prepared for shipment on 
a vessel that will arrive at any port or place in the 
United States; 
(2) develop procedures to ensure the security of 
merchandise inspected as described in paragraph (1) 
until it reaches the United States; and 
(3) permit merchandise inspected as described 
in paragraph (1) to receive expedited inspection 
upon arrival in the United States.
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