[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