[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 378 Reported in Senate (RS)]
Calendar No. 86
109th CONGRESS
1st Session
S. 378
To make it a criminal act to willfully use a weapon 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
February 15, 2005
Mr. Biden (for himself, Mr. Specter, Mrs. Feinstein, Mr. Kyl, Mr.
Allen, Mr. Cornyn, and Mr. Hatch) introduced the following bill; which
was read twice and referred to the Committee on the Judiciary
April 21, 2005
Reported by Mr. Specter, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To make it a criminal act to willfully use a weapon 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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Reducing Crime and
Terrorism at America's Seaports Act of 2005''.</DELETED>
<DELETED>SEC. 2. ENTRY BY FALSE PRETENSES TO ANY SEAPORT.</DELETED>
<DELETED> (a) In General.--Section 1036 of title 18, United States
Code, is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (2), by striking ``or''
at the end;</DELETED>
<DELETED> (B) by redesignating paragraph (3) as
paragraph (4); and</DELETED>
<DELETED> (C) by inserting after paragraph (2) the
following:</DELETED>
<DELETED> ``(3) any secure or restricted area (as that term
is defined under section 2285(c)) of any seaport;
or'';</DELETED>
<DELETED> (2) in subsection (b)(1), by striking ``5'' and
inserting ``10'';</DELETED>
<DELETED> (3) in subsection (c)(1), by inserting ``, captain
of the seaport,'' after ``airport authority''; and</DELETED>
<DELETED> (4) in the section heading, by inserting ``or
seaport'' after ``airport''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``1036. Entry by false pretenses to any real property, vessel,
or aircraft of the United States or secure
area of any airport or seaport.''.
<DELETED> (c) Definition of Seaport.--Chapter 1 of title 18, United
States Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 25. Definition of seaport</DELETED>
<DELETED> ``As used in this title, the term `seaport' means all
piers, wharves, docks, and similar structures to which a vessel may be
secured, areas of land, water, or land and water under and in immediate
proximity to such structures, and buildings on or contiguous to such
structures, and the equipment and materials on such structures or in
such buildings.''.</DELETED>
<DELETED> (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 24 the following:</DELETED>
<DELETED>``25. Definition of seaport.''.
<DELETED>SEC. 3. CRIMINAL SANCTIONS FOR FAILURE TO HEAVE TO,
OBSTRUCTION OF BOARDING, OR PROVIDING FALSE
INFORMATION.</DELETED>
<DELETED> (a) Offense.--Chapter 109 of title 18, United States Code,
is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 2237. Criminal sanctions for failure to heave to,
obstruction of boarding, or providing false
information</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) forcibly 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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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
Secretary of the Treasury or the Undersecretary for Border and
Transportation Security of the Department 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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) In this section--</DELETED>
<DELETED> ``(1) the term `Federal law enforcement officer'
has the meaning given the term in section 115(c);</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(3) the term `vessel subject to the jurisdiction
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)); and</DELETED>
<DELETED> ``(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)).</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``2237. Criminal sanctions for failure to heave to,
obstruction of boarding, or providing false
information.''.
<DELETED>SEC. 4. USE OF A DANGEROUS WEAPON OR EXPLOSIVE ON A PASSENGER
VESSEL.</DELETED>
<DELETED> Section 1993 of title 18, United States Code, is amended--
</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (1), by inserting ``,
passenger vessel,'' after ``transportation
vehicle'';</DELETED>
<DELETED> (B) in paragraph (2)--</DELETED>
<DELETED> (i) by inserting ``, passenger
vessel,'' after ``transportation vehicle'';
and</DELETED>
<DELETED> (ii) by inserting ``or owner of
the passenger vessel'' after ``transportation
provider'' each place that term
appears;</DELETED>
<DELETED> (C) in paragraph (3)--</DELETED>
<DELETED> (i) by inserting ``, passenger
vessel,'' after ``transportation vehicle'' each
place that term appears; and</DELETED>
<DELETED> (ii) by inserting ``or owner of
the passenger vessel'' after ``transportation
provider'' each place that term
appears;</DELETED>
<DELETED> (D) in paragraph (5)--</DELETED>
<DELETED> (i) by inserting ``, passenger
vessel,'' after ``transportation vehicle'';
and</DELETED>
<DELETED> (ii) by inserting ``or owner of
the passenger vessel'' after ``transportation
provider''; and</DELETED>
<DELETED> (E) in paragraph (6), by inserting ``or
owner of a passenger vessel'' after ``transportation
provider'' each place that term appears;</DELETED>
<DELETED> (2) in subsection (b)(1), by inserting ``,
passenger vessel,'' after ``transportation vehicle'';
and</DELETED>
<DELETED> (3) in subsection (c)--</DELETED>
<DELETED> (A) by redesignating paragraph (6) through
(8) as paragraphs (7) through (9); and</DELETED>
<DELETED> (B) by inserting after paragraph (5) the
following:</DELETED>
<DELETED> ``(6) the term `passenger vessel' has the meaning
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.''.</DELETED>
<DELETED>SEC. 5. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST MARITIME
NAVIGATION, PLACEMENT OF DESTRUCTIVE DEVICES, AND
MALICIOUS DUMPING.</DELETED>
<DELETED> (a) Violence Against Maritime Navigation.--Section 2280(a)
of title 18, United States Code, is amended--</DELETED>
<DELETED> (1) in paragraph (1)--</DELETED>
<DELETED> (A) in subparagraph (H), by striking
``(G)'' and inserting ``(H)'';</DELETED>
<DELETED> (B) by redesignating subparagraphs (F),
(G), and (H) as subparagraphs (G), (H), and (I),
respectively; and</DELETED>
<DELETED> (C) by inserting after subparagraph (E)
the following:</DELETED>
<DELETED> ``(F) destroys, seriously 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</DELETED>
<DELETED> (2) in paragraph (2) by striking ``(C) or (E)''
and inserting ``(C), (E), or (F)''.</DELETED>
<DELETED> (b) Placement of Destructive Devices.--</DELETED>
<DELETED> (1) In general.--Chapter 111 of title 18, United
States Code, is amended by adding after section 2280 the
following:</DELETED>
<DELETED>``Sec. 2280A. Devices or substances in waters of the United
States likely to destroy or damage ships or to interfere
with maritime commerce</DELETED>
<DELETED> ``(a) A person who knowingly places, or causes to be
placed, in navigable waters 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, such as by damaging or
destroying marine terminals, facilities, and any other marine structure
or entity used in 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.</DELETED>
<DELETED> ``(b) Nothing in this section shall be construed to apply
to otherwise lawfully authorized and conducted activities of the United
States Government.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``2280A. Devices or substances in waters of the United States
likely to destroy or damage ships or to
interfere with maritime commerce.''.
<DELETED> (c) Malicious Dumping.--</DELETED>
<DELETED> (1) In general.--Chapter 111 of title 18, United
States Code, is amended by adding at the end the
following:</DELETED>
<DELETED>``Sec. 2282. Knowing discharge or release</DELETED>
<DELETED> ``(a) Endangerment of Human Life.--Any person who
knowingly discharges or releases oil, a hazardous material, a noxious
liquid substance, or any other dangerous 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.</DELETED>
<DELETED> ``(b) Endangerment of Marine Environment.--Any person who
knowingly discharges or releases oil, a hazardous material, a noxious
liquid substance, or any other dangerous 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.</DELETED>
<DELETED> ``(c) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Discharge.--The term `discharge' means any
spilling, leaking, pumping, pouring, emitting, emptying, or
dumping.</DELETED>
<DELETED> ``(2) Hazardous material.--The term `hazardous
material' has the meaning given the term in section 2101(14) of
title 46, United States Code.</DELETED>
<DELETED> ``(3) Marine environment.--The term `marine
environment' has the meaning given the term in section 2101(15)
of title 46, United States Code.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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)).</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``2282. Knowing discharge or release.''.
<DELETED>SEC. 6. TRANSPORTATION OF DANGEROUS MATERIALS AND
TERRORISTS.</DELETED>
<DELETED> (a) Transportation of Dangerous Materials and
Terrorists.--Chapter 111 of title 18, as amended by section 5 of this
Act, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 2283. Transportation of explosive, biological,
chemical, or radioactive or nuclear materials</DELETED>
<DELETED> ``(a) In General.--Any person who knowingly and willfully
transports aboard any vessel within the United States, 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; and
if the death of any person results from conduct prohibited by this
subsection, may be punished by death.</DELETED>
<DELETED> ``(b) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Biological agent.--The term `biological
agent' means any biological agent, toxin, or vector (as those
terms are defined in section 178).</DELETED>
<DELETED> ``(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)).</DELETED>
<DELETED> ``(3) Chemical weapon.--The term `chemical weapon'
has the meaning given that term in section 229F.</DELETED>
<DELETED> ``(4) Explosive or incendiary device.--The term
`explosive or incendiary device' has the meaning given the term
in section 232(5).</DELETED>
<DELETED> ``(5) Nuclear material.--The term `nuclear
material' has the meaning given that term in section
831(f)(1).</DELETED>
<DELETED> ``(6) Radioactive material.--The term `radioactive
material' means--</DELETED>
<DELETED> ``(A) source material and special nuclear
material, but does not include natural or depleted
uranium;</DELETED>
<DELETED> ``(B) nuclear by-product
material;</DELETED>
<DELETED> ``(C) material made radioactive by
bombardment in an accelerator; or</DELETED>
<DELETED> ``(D) all refined isotopes of
radium.</DELETED>
<DELETED> ``(7) 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)).</DELETED>
<DELETED> ``(8) 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)).</DELETED>
<DELETED>``Sec. 2284. Transportation of terrorists</DELETED>
<DELETED> ``(a) In General.--Any person who knowingly and willfully
transports any terrorist aboard any vessel within the United States, on
the high seas, or having United States nationality, knowing that the
transported person is a terrorist, shall be fined under this title,
imprisoned for any term of years or for life, or both.</DELETED>
<DELETED> ``(b) Defined Term.--In this section, the term `terrorist'
means any person who intends to commit, or is avoiding apprehension
after having committed, an offense listed under section
2332b(g)(5)(B).''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``2283. Transportation of explosive, chemical, biological, or
radioactive or nuclear materials.
<DELETED>``2284. Transportation of terrorists.''.
<DELETED>SEC. 7. DESTRUCTION OR INTERFERENCE WITH VESSELS OR MARITIME
FACILITIES.</DELETED>
<DELETED> (a) In General.--Title 18, United States Code, is amended
by inserting after chapter 111 the following:</DELETED>
<DELETED>``CHAPTER 111A--DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS
OR MARITIME FACILITIES</DELETED>
<DELETED>``Sec.
<DELETED>``2290. Jurisdiction and scope.
<DELETED>``2291. Destruction of vessel or maritime facility.
<DELETED>``2292. Imparting or conveying false information.
<DELETED>``2293. Bar to prosecution.
<DELETED>``Sec. 2290. Jurisdiction and scope</DELETED>
<DELETED> ``(a) Jurisdiction.--There is jurisdiction over an offense
under this chapter if the prohibited activity takes place--</DELETED>
<DELETED> ``(1) within the United States or within waters
subject to the jurisdiction of the United States; or</DELETED>
<DELETED> ``(2) outside United States and--</DELETED>
<DELETED> ``(A) an offender or a victim is a
national of the United States (as that term is defined
under section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22));</DELETED>
<DELETED> ``(B) the activity involves a vessel in
which a national of the United States was on board;
or</DELETED>
<DELETED> ``(C) the activity involves a vessel of
the United States (as that term is defined under
section 2(c) of the Maritime Drug Law Enforcement Act
(42 App. U.S.C. 1903(c)).</DELETED>
<DELETED> ``(b) Scope.--Nothing in this chapter shall apply to
otherwise lawful activities carried out by or at the direction of the
United States Government.</DELETED>
<DELETED>``Sec. 2291. Destruction of vessel or maritime
facility</DELETED>
<DELETED> ``(a) Offense.--Whoever willfully--</DELETED>
<DELETED> ``(1) sets fire to, damages, destroys, disables,
or wrecks any vessel;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(8) attempts or conspires to do anything
prohibited under paragraphs (1) through (7):</DELETED>
<DELETED>shall be fined under this title or imprisoned not more than 20
years, or both.</DELETED>
<DELETED> ``(b) Limitation.--Subsection (a) shall not apply to any
person that is engaging in otherwise lawful activity, such as normal
repair and salvage activities, and the lawful transportation of
hazardous materials.</DELETED>
<DELETED> ``(c) 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.</DELETED>
<DELETED> ``(d) Penalty When Death Results.--Whoever is convicted of
any crime prohibited by subsection (a), which has resulted in the death
of any person, shall be subject also to the death penalty or to
imprisonment for life.</DELETED>
<DELETED> ``(e) 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.</DELETED>
<DELETED>``Sec. 2292. Imparting or conveying false
information</DELETED>
<DELETED> ``(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 by chapter 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.</DELETED>
<DELETED> ``(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 111 of this title, shall be fined under this
title, imprisoned not more than 5 years, or both.</DELETED>
<DELETED> ``(c) Jurisdiction.--</DELETED>
<DELETED> ``(1) In general.--Except as provided under
paragraph (2), section 2290(a) shall not apply to any offense
under this section.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 2293. Bar to prosecution</DELETED>
<DELETED> ``(a) In General.--It is a bar to prosecution under this
chapter if--</DELETED>
<DELETED> ``(1) the conduct in question occurred within the
United States in relation to a labor dispute, and such conduct
is prohibited as a felony under the law of the State in which
it was committed; or</DELETED>
<DELETED> ``(2) such conduct is prohibited as a misdemeanor
under the law of the State in which it was committed.</DELETED>
<DELETED> ``(b) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Labor dispute.--The term `labor dispute' has
the same meaning given that term in section 113(c) of the
Norris-LaGuardia Act (29 U.S.C. 113(c)).</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) 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:</DELETED>
<DELETED>``111A. Destruction of, or interference with, 2290''.
vessels or maritime facilities.
<DELETED>SEC. 8. THEFT OF INTERSTATE OR FOREIGN SHIPMENTS OR
VESSELS.</DELETED>
<DELETED> (a) Theft of Interstate or Foreign Shipments.--Section 659
of title 18, United States Code, is amended--</DELETED>
<DELETED> (1) in the first undesignated paragraph--
</DELETED>
<DELETED> (A) by inserting ``trailer,'' after
``motortruck,'';</DELETED>
<DELETED> (B) by inserting ``air cargo container,''
after ``aircraft,''; and</DELETED>
<DELETED> (C) by inserting ``, or from any
intermodal container, trailer, container freight
station, warehouse, or freight consolidation
facility,'' after ``air navigation
facility'';</DELETED>
<DELETED> (2) in the fifth undesignated paragraph, by
striking ``one year'' and inserting ``3 years''; and</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED> (b) Stolen Vessels.--</DELETED>
<DELETED> (1) In general.--Section 2311 of title 18, United
States Code, is amended by adding at the end the
following:</DELETED>
<DELETED> ```Vessel' means any watercraft or other contrivance used
or designed for transportation or navigation on, under, or immediately
above, water.''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 9. INCREASED PENALTIES FOR NONCOMPLIANCE WITH MANIFEST
REQUIREMENTS.</DELETED>
<DELETED> (a) Reporting, Entry, Clearance Requirements.--Section
436(b) of the Tariff Act of 1930 (19 U.S.C. 1436(b)) is amended by--
</DELETED>
<DELETED> (1) striking ``or aircraft pilot'' and inserting
``, aircraft pilot, operator, owner of such vessel, vehicle or
aircraft or any other responsible party (including non-vessel
operating common carriers)'';</DELETED>
<DELETED> (2) striking ``$5,000'' and inserting ``$10,000'';
and</DELETED>
<DELETED> (3) striking ``$10,000'' and inserting
``$25,000''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 10. STOWAWAYS ON VESSELS OR AIRCRAFT.</DELETED>
<DELETED> Section 2199 of title 18, United States Code, is amended
by striking ``Shall be fined under this title or imprisoned not more
than one year, or both.'' and inserting the following:</DELETED>
<DELETED> ``(1) shall be fined under this title, imprisoned
not more than 5 years, or both;</DELETED>
<DELETED> ``(2) if the person commits an act proscribed by
this section, with the intent to commit serious bodily injury,
and serious bodily injury occurs (as defined under section
1365, including any conduct that, if the conduct occurred in
the special maritime and territorial jurisdiction of the United
States, would violate section 2241 or 2242) to any person other
than a participant as a result of a violation of this section,
shall be fined under this title, imprisoned not more than 20
years, or both; and</DELETED>
<DELETED> ``(3) if an individual commits an act proscribed
by this section, with the intent to cause death, and if the
death of any person other than a participant occurs as a result
of a violation of this section, shall be fined under this
title, imprisoned for any number of years or for life, or
both.''.</DELETED>
<DELETED>SEC. 11. BRIBERY AFFECTING PORT SECURITY.</DELETED>
<DELETED> (a) In General.--Chapter 11 of title 18, United States
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 226. Bribery affecting port security</DELETED>
<DELETED> ``(a) In General.--Whoever knowingly--</DELETED>
<DELETED> ``(1) directly or indirectly, corruptly gives,
offers, or promises anything of value to any public or private
person, with intent--</DELETED>
<DELETED> ``(A) to commit international or domestic
terrorism (as that term is defined under section
2331);</DELETED>
<DELETED> ``(B) to influence any action or any
person to commit or aid in committing, or collude in,
or allow, any fraud, or make opportunity for the
commission of any fraud affecting any secure or
restricted area or seaport; or</DELETED>
<DELETED> ``(C) to induce any official or person to
do or omit to do any act in violation of the fiduciary
duty of such official or person which affects any
secure or restricted area or seaport; or</DELETED>
<DELETED> ``(2) directly or indirectly, corruptly demands,
seeks, receives, accepts, or agrees to receive or accept
anything of value personally or for any other person or entity
in return for--</DELETED>
<DELETED> ``(A) being influenced in the performance
of any official act affecting any secure or restricted
area or seaport; and</DELETED>
<DELETED> ``(B) knowing that such influence will be
used to commit, or plan to commit, international or
domestic terrorism</DELETED>
<DELETED>shall be fined under this title, imprisoned not more than 15
years, or both.</DELETED>
<DELETED> ``(b) Definition.--In this section, the term `secure or
restricted area' has the meaning given that term in section
2285(c).''.</DELETED>
<DELETED> (b) Technical and Conforming Amendment.--The table of
sections for chapter 11 of title 18, United States Code, is amended by
adding at the end the following:</DELETED>
<DELETED>``226. Bribery affecting port security.''.
</DELETED>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 seaport,
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 inserting
``10'';
(3) in subsection (c)(1), by inserting ``, captain of the
seaport,'' after ``airport authority''; and
(4) by striking the section heading and inserting the
following:
``Sec. 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 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.''.
(c) Definition of Seaport.--Chapter 1 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 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 proximity 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 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 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 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 enforced 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 Enforcement 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 Maritime Drug Law
Enforcement Act (46 U.S.C. App. 1903).
``(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 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 DESTRUCTIVE DEVICES, AND MALICIOUS DUMPING.
(a) Knowing Discharge or Release.--Chapter 111 of title 18, United
States Code, is amended by adding after section 2281 the following:
``Sec. 2282. Knowing discharge or release
``(a) Endangerment of Human Life.--A person who knowingly
discharges or releases oil, hazardous material, a noxious liquid
substance, or any other dangerous substance into navigable waters or
onto the adjoining shoreline with the intent to endanger human life, or
health, or welfare shall be fined under this title, imprisoned for any
term of years or for life, or both.
``(b) Endangerment of Marine Environment.--Any person who knowingly
discharges or releases oil, a hazardous material, a noxious liquid
substance, or any other dangerous substance into navigable waters or
onto 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' includes, but is not
limited to, 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,
United States Code, 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)).
``(6) Oil.--The term `oil' has the meaning given the term
in section 1321(a)(1) of title 33, United States Code; and
``(7) Dangerous substance.--The term `dangerous substance'
means any solid, liquid, or gaseous material that has the
capacity of endangering human life, health, or welfare.''.
(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 following:
``2282. Knowing discharge or release.''.
(c) Placement of Destructive Devices.--Chapter 111 of title 18,
United States Code, as amended by subsection (a), is further amended by
adding at the end the following:
``Sec. 2282A. Devices or dangerous 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
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 interference with maritime commerce (such as by damaging or
destroying marine terminals, facilities, or any other marine structure
or entity used in maritime commerce) with the intent of causing such
destruction or damage, interference 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 activities 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 vessel.
``(2) The term `device' means any object that, because of
its physical, mechanical, structural, or chemical properties,
has the capacity to cause damage to a vessel or its cargo, or
cause interference with the safe navigation of a vessel.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 111 of title 18, United States Code, as
amended by subsection (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 commerce.''.
(d) 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:
``Sec. 2282B. Violence against aids to maritime navigation
``Whoever intentionally destroys, seriously 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, shall be fined under
this title, imprisoned for not more than 20 years, or both.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 111 of title 18, United States Code, as
amended by subsections (b) and (d) is further amended by adding
after the item related to section 2282A the following:
``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:
``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 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)).
``(3) Chemical weapon.--The term `chemical weapon' has the
meaning given that term in section 229F(1).
``(4) Explosive or incendiary device.--The term `explosive
or incendiary device' has the meaning given the term in section
232(5).
``(5) Nuclear material.--The term `nuclear material' has
the meaning given that term in section 831(f)(1).
``(6) 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
``(a) In General.--Any person who knowingly and intentionally
transports any terrorist 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, knowing that the transported person is a terrorist,
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' means
any person who intends to commit, or is avoiding apprehension after
having committed, an offense listed under section 2332b(g)(5)(B).''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 111 of title 18, United States Code, as amended by section 5,
is further amended by adding at the end the following:
``2283. Transportation of explosive, chemical, biological, or
radioactive or nuclear materials.
``2284. Transportation of terrorists.''.
SEC. 7. DESTRUCTION OF, 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. Imparting or conveying false information.
``2293. 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 and within waters subject to
the jurisdiction of the United States; or
``(2) outside United States and--
``(A) an offender or a victim is a national of the
United States (as that term is defined under section
101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22));
``(B) the activity involves a vessel in which a
national of the United States was on board; or
``(C) the activity involves a vessel of the United
States (as that term is defined under section 2 of the
Maritime Drug Law Enforcement Act (46 U.S.C. App.
1903).
``(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 31(a)(3), in, upon, or near, 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 near, any
maritime facility, including any aid to navigation, lock,
canal, or vessel traffic service facility or equipment;
``(4) interferes by force or violence with the operation of
any maritime facility, including any aid to navigation, lock,
canal, or vessel traffic service facility or equipment, if such
action is likely to endanger the safety of any vessel in
navigation;
``(5) sets fire to, damages, destroys, or disables or
places a destructive device or substance in, upon, or near, 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;
``(6) 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;
``(7) performs an act of violence against a person that
causes or is likely to cause serious bodily injury, as defined
in section 1365(h)(3), in, upon, or near, 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;
``(8) 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
``(9) attempts or conspires to do anything prohibited under
paragraphs (1) through (8),
shall be fined under this title, imprisoned not more than 20 years, or
both.
``(b) Limitation.--Subsection (a) shall not apply to any person
that is engaging in otherwise lawful activity, such as normal repair
and salvage activities, and the transportation of hazardous materials
regulated and allowed to be transported under chapter 51 of title 49.
``(c) 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 this title, imprisoned for a term up
to life, or both.
``(d) Penalty When Death Results.--Whoever is convicted of any
crime prohibited by subsection (a) and intended to cause death by the
prohibited conduct, if the conduct resulted in the death of any person,
shall be subject also to the death penalty or to a term of imprisonment
for a period up to life.
``(e) 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. 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 that would be a crime prohibited by this chapter or
by chapter 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 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 111 of this title, to which the imparted or
conveyed false information relates, as applicable.
``Sec. 2293. 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 such conduct is
prohibited as a felony under the law of the State in which it
was committed; or
``(2) such conduct is prohibited as a misdemeanor, and not
as a felony, 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 given that term in section 13(c) of the Act to amend
the Judicial Code and to define and limit the jurisdiction of
courts sitting in equity, and for other purposes (29 U.S.C.
113(c), commonly known as the Norris-LaGuardia Act).
``(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. 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 transshipment 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.--
(A) Transportation.--Section 2312 of title 18,
United States Code, is amended by striking ``motor
vehicle or aircraft'' and inserting ``motor vehicle,
vessel, or aircraft''.
(B) Sale.--Section 2313(a) of title 18, United
States Code, is 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. 9. 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, owner of such vessel, vehicle or aircraft, or
any other responsible party (including non-vessel operating
common carriers)'';
(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--
(1) by striking ``or aircraft pilot'' and inserting
``aircraft pilot, operator, owner of such vessel, vehicle, or
aircraft, or any other responsible party (including non-vessel
operating common carriers)''; and
(2) 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''.
SEC. 10. STOWAWAYS ON VESSELS OR AIRCRAFT.
Section 2199 of title 18, United States Code, is amended by
striking ``Shall be fined under this title or imprisoned not more than
one year, or both.'' and inserting the following:
``(1) shall be fined under this title, imprisoned not more
than 5 years, or both;
``(2) if the person commits an act proscribed by this
section, with the intent to commit serious bodily injury, and
serious bodily injury occurs (as defined under section 1365,
including any conduct that, if the conduct occurred in the
special maritime and territorial jurisdiction of the United
States, would violate section 2241 or 2242) to any person other
than a participant as a result of a violation of this section,
shall be fined under this title, imprisoned not more than 20
years, or both; and
``(3) if an individual commits an act proscribed by this
section, with the intent to cause death, and if the death of
any person other than a participant occurs as a result of a
violation of this section, shall be fined under this title,
imprisoned for any number of years or for life, or both.''.
SEC. 11. BRIBERY AFFECTING PORT SECURITY.
(a) In General.--Chapter 11 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 226. Bribery affecting port security
``(a) In General.--Whoever knowingly--
``(1) directly or indirectly, corruptly gives, offers, or
promises anything of value to any public or private person,
with intent to commit international terrorism or domestic
terrorism (as those terms are defined under section 2331), to--
``(A) influence any action or any person to commit
or aid in committing, or collude in, or allow, any
fraud, or make opportunity for the commission of any
fraud affecting any secure or restricted area or
seaport; or
``(B) induce any official or person to do or omit
to do any act in violation of the lawful duty of such
official or person that affects any secure or
restricted area or seaport; or
``(2) directly or indirectly, corruptly demands, seeks,
receives, accepts, or agrees to receive or accept anything of
value personally or for any other person or entity in return
for--
``(A) being influenced in the performance of any
official act affecting any secure or restricted area or
seaport; and
``(B) knowing that such influence will be used to
commit, or plan to commit, international or domestic
terrorism,
shall be fined under this title, imprisoned not more than 15 years, or
both.
``(b) Definition.--In this section, the term `secure or restricted
area' means an area of a vessel or facility 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.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 11 of title 18, United States Code, is amended by adding at the
end the following:
``226. Bribery affecting port security.''.
Calendar No. 86
109th CONGRESS
1st Session
S. 378
_______________________________________________________________________
A BILL
To make it a criminal act to willfully use a weapon with the intent to
cause death or serious bodily injury to any person while on board a
passenger vessel, and for other purposes.
_______________________________________________________________________
April 21, 2005
Reported with an amendment