[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1587 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1587
To make it a criminal act to willfully use a weapon, explosive,
chemical weapon, or nuclear or radioactive material with the intent to
cause death or serious bodily injury to any person while on board a
passenger vessel, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 5, 2003
Mr. Biden (for himself, Mr. Specter, Mr. Hollings, and Mr. Carper)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To make it a criminal act to willfully use a weapon, explosive,
chemical weapon, or nuclear or radioactive material with the intent to
cause death or serious bodily injury to any person while on board a
passenger vessel, and for other purposes.
Be it enacted by the Senate and House of Representatives 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 2003''.
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 area of any seaport; or'';
(2) in subsection (b)(1), by striking ``5'' and inserting
``10'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``and'';
(B) in paragraph (2), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) the term `seaport' means any structure or facility of
any kind located in, on, under, or adjacent to any waters
subject to the jurisdiction of the United States.''; and
(4) in the section heading, by inserting ``or seaport''
after ``airport''.
(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 inserting 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.''.
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 following:
``Sec. 2237. Criminal sanctions for failure to heave to, obstruction 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 Federal 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 jurisdiction of the United
States, to--
``(A) forcibly assault, resist, oppose, prevent, impede,
intimidate, 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 enforcement
officer during a boarding of a vessel regarding the vessel's
destination, origin, ownership, registration, nationality,
cargo, or crew, which that person knows is 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 enforced or administered by the Customs
Service, 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(d)
of the Maritime Drug Law Enforcement Act (46 App. U.S.C.
1903(c)); and
``(4) the term `vessel of the United States' has the
meaning given the term in section 2(c) of the Maritime Drug Law
Enforcement Act (46 App. U.S.C. 1903(b)).
``(e) Any person who intentionally violates the provisions of this
section shall be fined under this title, imprisoned 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 ``, passenger
vessel,'' after ``transportation vehicle'';
(B) in paragraphs (2)--
(i) by inserting ``, passenger vessel,''
after ``transportation vehicle''; and
(ii) by inserting ``or owner of the
passenger vessel'' after ``transportation
provider'' 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
passenger vessel'' after ``transportation
provider'' 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
passenger vessel'' after ``transportation
provider''; and
(E) in paragraph (6), by inserting ``or owner of a
passenger vessel'' after ``transportation provider''
each place that term appears;
(2) in subsection (b)(1), by inserting ``, passenger
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 meaning given
that term in sections 2101(22) and 2102 of title 46, United
States Code.''.
SEC. 5. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST MARITIME NAVIGATION,
PLACEMENT OF DESTRUCTIVE DEVICES, AND MALICIOUS DUMPING.
(a) Violence Against Maritime Navigation.--Section 2280(a) of title
18, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (H), by striking ``(G)'' and
inserting ``(H)'';
(B) by redesignating subparagraphs (F), (G), and
(H) as subparagraphs (G), (H), and (I), respectively;
and
(C) 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 Development 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;''; and
(2) in paragraph (2) by striking ``(C) or (E)'' and
inserting ``(C), (E), or (F)''.
(b) Placement of Destructive Devices.--
(1) In general.--Chapter 111 of title 18, United States
Code, is amended by adding after section 2280 the following:
``Sec. 2280A. Devices or substances in waters of the United States
likely to destroy or damage ships or to interfere with
maritime commerce
``(a) A person who knowingly places, or causes to be placed, in
waters subject to the jurisdiction of the United States, by any means,
a device or substance which is likely to destroy or cause damage to a
vessel or its cargo, or cause interference with the safe navigation of
vessels, or interference with maritime commerce, with the intent of
causing such destruction or damage, or interference with the safe
navigation of vessels or with maritime commerce, shall be fined under
this title, imprisoned for any term of years or for life, or both; and
if the death of any person results from conduct prohibited under this
subsection, may be punished by death.
``(b) Nothing in this section shall be construed to apply to
otherwise lawfully authorized and conducted activities of the United
States Government.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 111 of title 18, United States Code, is
amended by adding after the item related to section 2280 the
following:
``2280A. Devices or substances in waters of the United States likely to
destroy or damage ships or to interfere
with maritime commerce.''.
(c) Malicious Dumping.--
(1) In general.--Chapter 111 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 2282. Knowing discharge or release
``(a) Endangerment of Human Life.--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 adjoining shoreline with the intent to endanger
human life, health, or welfare shall be fined under this title and
imprisoned for any term of years or for life; and if the death of any
person results from conduct prohibited by this subsection, shall be
punished by death or imprisoned for a term of years or for life.
``(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 endanger the
marine environment shall be fined under this title, imprisoned not more
than 30 years, or both.
``(c) Definitions.--In this section:
``(1) Discharge.--The term `discharge' means any spilling,
leaking, pumping, pouring, emitting, emptying, or dumping.
``(2) Hazardous material.--The term `hazardous material'
has the meaning given the term in section 2101(14) of title 46,
United States Code.
``(3) Marine environment.--The term `marine environment'
has the meaning given the term in section 2101(15) of title 46,
United States Code.
``(4) Navigable waters.--The term `navigable waters' has
the meaning given the term in section 1362(7) of title 33, and
also includes the territorial sea of the United States as
described in Presidential Proclamation 5928 of December 27,
1988.
``(5) Noxious liquid substance.--The term `noxious liquid
substance' has the meaning given the term in the MARPOL
Protocol defined in section 2(1) of the Act to Prevent
Pollution from Ships (33 U.S.C. 1901(a)(3)).
(2) 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 following:
``2282. Knowing discharge or release.''.
SEC. 6. TRANSPORTATION OF DANGEROUS MATERIALS AND TERRORISTS OR TERROR
SUSPECTS.
(a) Transportation of Dangerous Materials and Terror Suspects.--
Chapter 111 of title 18, as amended by section 5 of this Act, is
amended by adding at the end the following:
``Sec. 2283. Transportation of explosive, biological, chemical, or
radioactive or nuclear materials
``(a) In General.--Any person who knowingly and willfully
transports aboard any vessel 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 a Federal
crime of terrorism, shall be fined under this title, imprisoned for any
term of years or for life, or both; and if the death of any person
results from conduct prohibited by this subsection, may be punished by
death.
``(b) 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)).
``(3) Chemical weapon.--The term `chemical weapon' has the
meaning given that term in section 229F.
``(4) Explosive or incendiary device.--The term `explosive
or incendiary device' has the meaning given the term in section
235(5).
``(5) Federal crime of terrorism.--The term `Federal crime
of terrorism' has the meaning given that term in section
2332b(g).
``(6) Nuclear material.--The term `nuclear material' has
the meaning given that term in section 831(f)(1).
``(7) Radioactive material.--The term `radioactive
material' means--
``(A) source material and special nuclear material,
but does not include natural or depleted uranium;
``(B) nuclear by-product material;
``(C) material made radioactive by bombardment 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)).
``Sec. 2284. Transportation of terrorists or terror suspects
``(a) In General.--Any person who knowingly and willfully
transports aboard any vessel any terrorist or terror suspect shall be
fined under this title, imprisoned for any term of years or for life,
or both.
``(b) Defined Term.--In this section, the term `terrorist or terror
suspect' means any person who intends to commit, or is avoiding
apprehension after having committed, a Federal crime of terrorism (as
that term is defined under section 2332b(g)).''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 111 of title 18, United States Code, as amended by this Act, is
amended by adding at the end the following:
``2283. Transportation of explosive, chemical, biological, or
radioactive or nuclear materials.
``2284. Transportation of terrorists or terror suspects.''.
SEC. 7. DESTRUCTION OR INTERFERENCE WITH VESSELS 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. Penalty when death results.
``2293. Imparting or conveying false information.
``2294. Bar to prosecution.
``Sec. 2290. Jurisdiction and scope
``(a) Jurisdiction.--There is jurisdiction over an offense under
this chapter if the prohibited activity takes place--
``(1) within the United States or within waters subject to
the jurisdiction of the United States; or
``(2) outside United States and--
``(A) an offender or a victim 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 activity involves a vessel of the United
States.
``(b) Scope.--Nothing in this chapter shall apply to otherwise
lawful activities carried out by or at the direction of the United
States Government.
``Sec. 2291. Destruction of vessel or maritime facility
``(a) Offense.--Whoever willfully--
``(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), or destructive substance, as
defined in section 13, in, upon, or in proximity to, or
otherwise makes or causes to be made unworkable or unusable or
hazardous to work or use, any vessel, or any part or other
materials used or intended 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 in
proximity to, any maritime facility, including but not limited
to, any aid to navigation, lock, canal, or vessel traffic
service facility or equipment, or interferes by force or violence with
the operation of such facility, if such action is likely to endanger
the safety of any vessel in navigation;
``(4) sets fire to, damages, destroys, or disables or
places a destructive device or substance in, upon, or in
proximity to, any appliance, structure, property, machine, or
apparatus, or any facility or other material used, or intended
to be used, in connection with the operation, maintenance,
loading, unloading, or storage of any vessel or any passenger
or cargo carried or intended to be carried on any vessel;
``(5) performs an act of violence against or incapacitates
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;
``(6) performs an act of violence against a person that
causes or is likely to cause serious bodily injury, as defined
in section 1365, in, upon, or in proximity to, any appliance,
structure, property, machine, or apparatus, or any facility or
other material used, or intended to be used, in connection with
the operation, maintenance, loading, unloading, or storage of
any vessel or any passenger or cargo carried or intended to be
carried on any vessel;
``(7) 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 navigation; or
``(8) attempts or conspires to do anything prohibited under
paragraphs (1) through (7):
shall be fined under this title or imprisoned not more than 20 years,
or both.
``(b) 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 radioactive 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 (42 U.S.C.
10101(23)), shall be fined under title 18, imprisoned for a term up to
life, or both.
``(c) Threats.--Whoever willfully imparts or conveys any threat to
do an act which would violate this chapter, with an apparent
determination and will to carry the threat into execution, shall be
fined under this title, imprisoned not more than 5 years, or both, and
is liable for all costs incurred as a result of such threat.
``Sec. 2292. Penalty when death results
``Whoever is convicted of any crime prohibited by this chapter,
which has resulted in the death of any person, shall be subject also to
the death penalty or to imprisonment for life.
``Sec. 2293. 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 attempt or alleged attempt being made or to be
made, to do any act which would be a crime prohibited by this chapter
or chapter 2, 97, or 111 of this title, 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) Malicious Conduct.--Whoever willfully 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 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 2, 97, or 111 of this title, shall be fined under this title,
imprisoned not more than 5 years, or both.
``(c) Jurisdiction.--
``(1) In general.--Except as provided under paragraph (2),
section 2290(a) shall not apply to any offense under this
section.
``(2) Jurisdiction.--Jurisdiction over an offense under
this section shall be determined in accordance with the
provisions applicable to the crime prohibited by this chapter,
or by chapter 2, 97, or 111 of this title, to which the
imparted or conveyed false information relates, as applicable.
``Sec. 2294. Bar to prosecution
``(a) In General.--It is a bar to prosecution under this chapter
if--
``(1) the conduct in question occurred within the United
States in relation to a labor dispute; and
``(2) such conduct is prohibited under the law of the State
in which it was committed.
``(b) Definitions.--In this section:
``(1) Labor dispute.--The term `labor dispute' has the same
meaning as in section 113(c) of the Norris-LaGuardia Act (29
U.S.C. 113(c)).
``(2) State.--The term `State' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.''.
(c) Technical and Conforming Amendment.--The table of chapters 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 2290''.
maritime facilities.
SEC. 8. CARRYING A WEAPON OR EXPLOSIVE ON A VESSEL OR AT A SEAPORT.
(a) In General.--Title 18, United States Code, is amended by
striking section 2277 and inserting the following:
``Sec. 2277. Carrying a weapon or explosive on a vessel or at a seaport
``(a) General Criminal Penalty.--An individual shall be fined under
title 18, imprisoned for not more than 10 years, or both, if the
individual--
``(1) when on, or attempting to get on a vessel, or within
the area of any seaport, knowingly possesses a dangerous
weapon, explosive, incendiary device, or loaded firearm on or
about the property of the individual; or
``(2) has knowingly placed, attempted to place, or
attempted to have placed a dangerous weapon, explosive,
incendiary device, or loaded firearm on that vessel, or at that
seaport.
``(b) Criminal Penalty Involving Disregard for Human Life.--An
individual who willfully and without regard for the safety of human
life, or with reckless disregard for the safety of human life, violates
subsection (b), shall be fined under title 18, imprisoned for not more
than 15 years, or both, and if death results to any person, shall be
imprisoned for a term of years or for life.
``(c) Nonapplication.--
``(1) In general.--Subsection (b) of this section shall not
apply to--
``(A) the personnel of the Armed Forces of the
United States, or to officers or employees of the
United States or of a State or of a political
subdivision thereof, while acting in the performance of
their duties, who are authorized by law or by rules or
regulations to own or possess any such weapon or
explosive;
``(B) another individual the Under Secretary for
Border and Transportation Security of the Department of
Homeland Security by regulation authorizes to carry a
dangerous weapon on board a vessel or at a seaport; or
``(C) any person employed on a vessel who--
``(i) possesses items otherwise prohibited
under subsection (b) that are used in the
course of performing duties within the scope of
employment of that individual;
``(ii) has obtained the permission of the
owner or master of the vessel to carry such
items on the vessel; and
``(iii) has obtained the permission of the
captain of the seaport to carry such items at
the seaport.
``(2) Lawful shipment of explosive or incendiary device.--
Subsection (b)(3) shall not apply to any person who is engaged
in the lawful shipment of any explosive or incendiary device.
``(d) Conspiracy.--If 2 or more persons conspire to violate
subsection (b) or (c), and 1 or more of such persons do any act to
effect the object of the conspiracy, each of the parties to such
conspiracy shall be punished as provided in such subsection.
``(e) Definitions.--In this section:
``(1) Dangerous weapon.--The term `dangerous weapon' has
the meaning given that term in section 930(g)(2) of title 18;
``(2) Explosive and incendiary device.--The terms
`explosive' and `incendiary device' have the meanings given
such terms in section 232(5) of title 18; and
``(3) Loaded firearm.--The term `loaded firearm' means a
starter gun or a weapon designed to expel a projectile through
an explosive, that has a cartridge, a detonator, or powder in
the chamber, magazine, cylinder, or clip.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 111 of title 18 is amended by striking the matter relating to
section 2277 and inserting the following:
``2277. Carrying a weapon or explosive on a vessel or at a seaport.''.
SEC. 9. CARGO THEFT DATA COLLECTION.
(a) In General.--The Attorney General shall issue regulations to--
(1) require the reporting of a cargo theft offense to the
Attorney General by the carrier, facility, or cargo owner with
custody of the cargo at the time of the offense, as soon as
such carrier, facility, or cargo owner becomes aware of the
offense, with such reports to contain information regarding the
offense as specified in the regulations, including the port of
entry, the port where the shipment originated, and where the
theft occurred, to the extent such information is available to
the reporting party;
(2) create a database to contain the reports made under
paragraph (1) and integrate them, to the extent feasible, with
other non-criminal justice and intelligence data, such as a
bill of lading, cargo contents and value, point of origin, and
lienholder filings; and
(3) prescribe procedures for access to the database created
under paragraph (2) by appropriate Federal, State, and local
governmental agencies, while protecting the 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 enforcement responsibilities at
United States ports shall, to the extent feasible, modify their
information databases to ensure the collection and
retrievability of data relating to crime and terrorism and
related activities at or affecting United States ports.
(2) Designation of covered agencies.--The Attorney General,
after consultation with the Secretary of the Treasury and the
Secretary of Transportation, shall designate the agencies
included within the requirement of paragraph (1).
(c) Outreach Program.--The Attorney General, in consultation with
the Secretary of the Treasury, the Secretary of Transportation, the
National Maritime Security Advisory Committee established under section
70112 of title 46, United States Code, and appropriate Federal and
State agencies, shall establish an outreach program to--
(1) work with State and local law enforcement officials to
harmonize the reporting of data on cargo theft among the
States, localities and with the United States Government's
reports; and
(2) work with local port security committees to disseminate
cargo theft information to appropriate law enforcement
officials.
(d) Violation of Regulations.--
(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, any person or entity who is
found by the Attorney General, after notice and an opportunity
for a hearing, to have violated the regulations promulgated
pursuant to section 9(a)(1), shall be liable to the United
States for a civil penalty, not to exceed $25,000 for each
violation, except that the maximum penalty for any party's
first violation shall not exceed $7,500.
(2) Continuing violations.--Each day of a continuing
violation shall constitute a separate violation.
(3) Notice of assessment of penalty.--The amount of such
civil penalty shall be assessed by the Attorney General, or his
designee, by written notice.
(4) Calculation of penalty.--In determining the amount of
such penalty, the Secretary shall take into account the nature,
circumstances, extent and gravity of the prohibited acts
committed and, 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.
(5) Modification of penalties.--The Attorney General may
compromise, modify, or remit, with or without conditions, any
civil penalty which is subject to imposition or which has been
imposed under this section.
(6) Enforcement of assessments.--If a person or entity
fails to pay an assessment of a civil penalty after it has
become final, the Attorney General may collect such assessments
in any appropriate district court of the United States.
(e) Annual Report.--The Attorney General shall submit an annual
report on the implementation of this section to the Committees on the
Judiciary of the Senate and the House of Representatives.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General such sums as are necessary for
each of the fiscal years 2003 through 2007 to carry out the
requirements of this section, such sums to remain available until
expended.
SEC. 10. THEFT OF INTERSTATE OR FOREIGN SHIPMENTS OR VESSELS.
(a) Theft of Interstate or Foreign Shipments.--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'';
(2) in the fifth undesignated paragraph, by striking ``one
year'' and inserting ``3 years''; 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), regardless
of any temporary stop while awaiting transhipment 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.''.
(2) Transportation and sale of stolen vessels.--Sections
2312 and 2313 of title 18, United States Code, are each amended
by striking ``motor vehicle or aircraft'' and inserting ``motor
vehicle, vessel, or aircraft''.
(c) Review of Sentencing Guidelines.--Pursuant to section 994 of
title 28, United States Code, the United States Sentencing Commission
shall review the Federal Sentencing Guidelines to determine whether
sentencing enhancement is appropriate for any offense under section 659
or 2311 of title 18, United States Code, as amended by this Act.
(d) Annual Report of Law Enforcement Activities.--The Attorney
General shall annually submit to 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 Act.
(e) Reporting of Cargo Theft.--The Attorney General shall take the
steps necessary to ensure that reports of cargo theft collected by
Federal, State, and local officials are reflected as a separate
category in the Uniform Crime Reporting System, or any successor
system, by no later than December 31, 2005.
SEC. 11. INCREASED PENALTIES FOR NONCOMPLIANCE WITH MANIFEST
REQUIREMENTS.
(a) Reporting, Entry, Clearance Requirements.--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, or owner of such vessel, vehicle, or
aircraft,'';
(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 Tariff Act of 1930 (19
U.S.C. 1436(c)) is amended 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''.
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