[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''.
                                 <all>