[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 378 Introduced in Senate (IS)]







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, and Mr. 
Allen) 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 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 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 (as that term is 
        defined under section 2285(c)) of any seaport; 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) 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.''.
    (c) Definition of Seaport.--Chapter 1 of title 18, United States 
Code, is amended by adding at the end the following:
``Sec. 25. Definition of seaport
    ``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.''.
    (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:

``25. 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 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 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.
    ``(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(c) 
        of the Maritime Drug Law Enforcement Act (46 App. U.S.C. 
        1903(b)); 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 paragraph (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) 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, 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
            (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 
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.
    ``(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 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.
    ``(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.
    ``(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.

    (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:
``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, 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.
    ``(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 
        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.
            ``(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)).
            ``(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)).
``Sec. 2284. Transportation of terrorists
    ``(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.
    ``(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 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.''.

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. 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 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 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(c) of 
                the Maritime Drug Law Enforcement Act (42 App. U.S.C. 
                1903(c)).
    ``(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) 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.
    ``(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.
    ``(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.
    ``(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 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.
    ``(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 2, 97, or 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 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 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.''.
    (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:

``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 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. 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 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--
                    ``(A) to commit international or domestic terrorism 
                (as that term is defined under section 2331);
                    ``(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
                    ``(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
            ``(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' has the meaning given that term in section 2285(c).''.
    (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.''.
                                 <all>