[Congressional Record Volume 149, Number 51 (Monday, March 31, 2003)]
[Senate]
[Pages S4570-S4577]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself and Mr. Kyl):
  S. 746. A bill to prevent and respond to terrorism and crime at or 
through ports; to the Committee on Commerce, Science, and 
Transportation.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce the Anti-
Terrorism and Port Security Act of 2003, comprehensive legislation 
aimed at preventing and punishing a terrorist attack at or through one 
of our nation's 361 seaports. I would like to thank Senator Kyl for 
joining me in sponsoring this bill.
  Currently, our seaports are the gaping hole in our nation's defense 
against terrorism. According to the U.S. Bureau of Transportation 
Statistics, about 13 million containers, twenty-foot equivalent units, 
came into United States ports in 2002.
  However, the U.S. government inspected only about two or three 
percent of these containers--they rest were simply waved through. In 
addition, in almost every case, these inspections occurred after the 
containers arrive in the United States.
  The problem is that a single container could contain 60,000 pounds of 
explosives--10 to 15 times the amount in the Ryder truck used to blow 
up the Murrah Federal Building in Oklahoma City--and a single container 
ship can carry as many as 8,000 containers at one time.
  Containers could easily be exploited to detonate a bomb that would 
destroy a bridge, seaport, or other critical infrastructure, causing 
mass destruction and killing thousands.
  Worse, a suitcase-sized nuclear device or radiological ``dirty bomb'' 
could also be installed in a container and shipped to the United 
States. The odds are that the container would never be inspected.
  And, even if the container was inspected, it would be too late. The 
weapon would already be in the United States--most likely near a major 
population center.
  In addition, any attack on or through a seaport could have 
devastating economic consequences.
  Excluding trade with Mexico and Canada, America's ports handle 95 
percent of U.S. trade. Every year U.S. ports handle over 800 million 
tons of cargo valued at approximately $600 billion.
  The West Coast labor disruption last year cost the U.S. economy 
somewhere $1-2 billion a day--a total of $10-20 billion. A terrorist 
attack would have an ever graver impact.
  The U.S. would likely shut down all major U.S. ports, bringing 
thousands of factories to a standstill and leaving retailers with bare 
shelves within days. And this shut down will have a ripple effect 
around the globe, raising the cost exponentially.
  In its December 2002 report, the Hart-Rudman Terrorism Task Force 
discussed the implications of a possible terrorist attack at a seaport. 
Here is what they said:

       If an explosive device were loaded in a container and set 
     off in a port, it would almost automatically raise concern 
     about the integrity of the 21,000 containers that arrive in 
     U.S. ports each day and the many thousands more that arrive 
     by truck and rail across U.S. land borders. A three-to-four-
     week closure of U.S. ports would bring the global container 
     industry to its knees. Megaports such as Rotterdam and 
     Singapore would have to close their gates to prevent boxes 
     from piling up on their limited pier space. Trucks, trains, 
     and barges would be stranded outside the terminals with no 
     way to unload their boxes. Boxes bound for the United States 
     would have to be unloaded from their outbound ships. Service 
     contracts would need to be renegotiated. As the system became 
     gridlocked, so would much of global commerce.

  I am particularly concerned about such an attack because such an 
enormous proportion of U.S. foreign trade passes through my home state 
of California.
  Last year, 6.2 million imported containers--48 percent--passed 
through California, 5.7 million just through two ports alone: the Port 
of Los Angeles and the Port of Long Beach.
  That means that, if terrorists succeeded in putting a weapon of mass 
destruction into a container undetected, there is about a one in two 
chance that this weapon would arrive and/or be detonated in Southern 
California.
  And the problem is not just with containers.
  Nearly one-quarter of all of California's imported crude oil is 
offloaded in one area. A suicide attack on a tanker at an offloading 
facility in this area could leave Southern California without refined 
fuels within a few days.
  There is no doubt in my mind that terrorists are seeking to exploit 
vulnerabilities at our seaports right now.
  Indeed, the Al Qaeda training manual specifically mentions seaports 
as a point of vulnerability in our security.
  In addition, we know that Al Qaeda has already tried to attack 
American interests at and through seaports in the past. Let me mention 
some examples.
  In October 2001, Italian authorities found an Egyptian man suspected 
of

[[Page S4571]]

having ties to Al Qaeda in a container bound for Canada. He had false 
identifications, maps of airports, a computer, a satellite phone, 
cameras, and plenty of cash on hand.
  In October 2000, Al Qaeda operatives successfully carried out a 
deadly bombing attack against the U.S.S. Cole in the port of Yemen.

  In 1998, Al Qaeda bombed the American Embassies in Kenya and 
Tanzania. Evidence suggests that the explosives the terrorists used 
were shipped to them by sea. And the investigation of the embassy 
bombings concluded that Bin Laden has close financial ties to various 
shipping companies.
  We cannot afford to be complacent. Terrorists can be very patient. We 
cannot forget the successful attack on the World Trade Center on 
September 11 took place eight years after a relatively unsuccessful 
attack on the same target.
  I introduced legislation in the last Congress to offer a 
comprehensive solution to the problem of seaport vulnerability. I am 
pleased that some of its provisions we adopted in some form by recent 
regulatory changes as well as the Maritime transportation Security Act 
of 2002 and Trade Act of 2002.
  For example, one provision in my bill required shippers to provide 
manifest information to Customs at least 24 hours before departure from 
a foreign port. Soon after the bill was introduced, Customs published a 
draft regulation with the same requirement.
  This requirement is now being enforced. However, Customs is still not 
getting all relevant information from every important party involved in 
the shipping process.
  In addition, I am pleased that, especially in the last six months, 
Customs has aggressively promoted its Container Security Initiative 
(CSI). One of the core elements of this initiative involves placing 
U.S. Customs inspectors at major foreign seaports to pre-screen cargo 
containers before they were shipped to America.
  Most of the biggest ports in the world are now participating in CSI. 
However, Customs has posted relatively few inspectors overseas and I 
believe that CSI can and should be expanded further.
  The Maritime Transportation Safety Act of 2002 and Trade Act of 2002 
also included a number of security measures.
  However, in my view, many of these measures do not go nearly far 
enough, particularly in the areas of criminal penalties, pushing back 
the border, minimum port and security standards, employee 
identification cards, research and development, and so on. And even the 
strongest provisions in these bills are, in some cases, years away from 
implementation.
  The bottom line is that, while we have made some modest improvements 
in seaport security in the last year, much more remains to be done. 
And, crucially, much remains to be done right now.
  In fact, I believe that our seaports remain almost as vulnerable 
today as they were before September 11. That is why I am introducing 
the Anti-Terrorism and Port Security Act of 2003.
  This legislation builds on improvements made to our laws in the last 
year but goes much further than those changes to ensure the security of 
our seaports.
  The Anti-Terrorism and Port Security Act of 2003 does three main 
things:
  First, the bill ensure that our criminal laws apply to deter and 
punish terrorists who choose to strike against our seaports. The bill 
closes a number of loopholes in our criminal laws to ensure that 
terrorists are held accountable for any attacks. Let me provide a 
couple of examples.
  If a person blows up an airplane, he commits a crime. However, if he 
blows up a oil tanker, he does not commit a crime--unless he is doing 
it to injure the person.
  If a person distributes explosives to a non-U.S. national, he commits 
a crime. But if the same person sows mines in the San Francisco harbor, 
he does not commit a crime.
  Specifically, the bill would: Make it a crime for terrorists to 
attack a port or a cruise ship or deploy a weapon of mass destruction 
at or through a seaport. Make it a crime to put devices in U.S. waters 
that can destroy a ship or cargo or interfere with safe navigation or 
maritime commerce. Update our federal criminal piracy and privateering 
laws and increase penalties. Make it a crime to use a dangerous weapon 
or explosive to try to kill someone on board a passenger vessel. Make 
it a crime to fail to heave to (that is, to slow or stop) a vessel at 
the direction of a Coast Guard or other authorized federal law 
enforcement official seeking to board that vessel or to interfere with 
boarding by such an officer. Make it a crime to destroy an aid to 
maritime navigation, such as a buoy or shoal/breakwater light, 
maintained by the Coast Guard if this would endanger the safe 
navigation of a vessel. Make it a crime for terrorists or criminals to 
try to attack U.S. citizens or U.S. marine live by putting poisons in 
the water off shore. Require the Attorney General to issue regulations 
making it easier to determine the extent of crime and terrorism at 
seaports and improve communication between different law enforcement 
agencies involved at ports.

  Second, the bill would help improve physical security at seaports by 
beefing up standards and ensuring greater coordination. Specific 
provisions would: Designate the Captain-of-the-Port as the primary 
authority for seaport security at each port. This would enable all 
parties involved in business at a port to understand who has final say 
on all security matters. Require minimum federal security standards for 
ports. These standards include restrictions on private vehicle access, 
a prohibition on unauthorized guns and explosives, and unauthorized 
physical access to terminal areas. They would also mandate that 
terminal areas at ports have a secure perimeter, monitored or locked 
access points, sufficient lighting, and son on. Mandate that all 
Customs inspectors have personal radiation detection pagers. Require 
all port employees and contractors to have biometric smart 
identification cards. Require Captains-of-the-Port to keep sensitive 
information on the port secure and protected. Such information would 
include, but not be limited to maps, blueprints, and information on the 
Internet.
  Third, the bill would ensure that we devote our limited cargo 
inspection resources in the most efficient and effective manner. The 
bill would improve our shipment profiling system by requiring 
additional information from more relevant parties to the shipping 
process, and it would substantially improve container security. 
Specifically, it would establish a comprehensive risk profiling plan 
for the Customs Service to focus their limited inspection capabilities 
on high-risk cargo and containers. Under this plan, all relevant 
parties in the shipment process would provide electronically relevant 
and timely information to enable Customs to determine which shipments 
to inspect. Impose steep monetary sanctions for failure to comply with 
information filing requirements, including filing incorrect information 
(the current penalty is only up to a few thousand dollars). The Seaport 
Commission found that about \1/2\ of the information on ship manifests 
was inaccurate. Push U.S. security scrutiny beyond our nation's borders 
and improve our ability to monitor and inspect cargo and containers 
before they arrive near America's shores. If a weapon of mass 
destruction arrives in a U.S. port, it is too late. Require the use of 
high security seals on all containers coming into the U.S. Require that 
each container to be transported through U.S. ports receive a universal 
transaction number that could be used to track container movement from 
origin to destination. Require all empty containers destined for U.S. 
ports to be secured. Authorize pilot programs to develop high-tech 
seals and sensors, including those that would provide real-time 
evidence of container tampering to a monitor at a terminal. Require 
ports to provide space to Customs so that the agency is able to use 
non-intrusive inspection technology. In many cases, Customs has to keep 
this technology outside the port and bring it in every day, which 
prevents some of the best inspection technology (which is not portable) 
from being used. Require the Department of Homeland Security to take 
the relative number of imported containers received at each port into 
account in exercising its discretion in determining the allocation of 
funds appropriated for seaport security grants.
  I believe that the Anti-Terrorism and Port Security Act of 2003 would 
make a

[[Page S4572]]

significant contribution to protecting America from terrorist attacks 
at or through our seaports. I urge my colleagues to support the 
legislation.;
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 746

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Anti-
     Terrorism and Port Security Act of 2003''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

 TITLE I--DETERRING AND PUNISHING TERRORISM AND CRIME AT UNITED STATES 
                                 PORTS

Sec. 101. Destruction or interference with vessels or maritime 
              facilities.
Sec. 102. Criminal sanctions for placement of destructive devices or 
              substances in United States jurisdictional waters.
Sec. 103. Piracy and privateering.
Sec. 104. Use of a dangerous weapon or explosive on a passenger vessel.
Sec. 105. Sanctions for failure to heave to and for obstruction of 
              boarding and providing false information.
Sec. 106. Criminal sanctions for violence against maritime navigation.
Sec. 107. Criminal sanctions for malicious dumping.
Sec. 108. Attorney general to coordinate port-related crime data 
              collection.

  TITLE II--PROTECTING UNITED STATES PORTS AGAINST TERRORISM AND CRIME

                     Subtitle A--General Provision

Sec. 201. Definitions.

                     Subtitle B--Security Authority

Sec. 211. Designated security authority.

                 Subtitle C--Securing the Supply Chain

Sec. 221. Manifest requirements.
Sec. 222. Penalties for inaccurate manifest.
Sec. 223. Shipment profiling plan.
Sec. 224. Inspection of merchandise at foreign facilities.

            Subtitle D--Security of Seaports and Containers

Sec. 231. Seaport security requirements.
Sec. 232. Seaport security cards.
Sec. 233. Securing sensitive information.
Sec. 234. Container security.
Sec. 235. Office and inspection facilities.
Sec. 236. Security grants to seaports.

                        TITLE III--AUTHORIZATION

Sec. 301. Authorization of appropriations.

 TITLE I--DETERRING AND PUNISHING TERRORISM AND CRIME AT UNITED STATES 
                                 PORTS

     SEC. 101. DESTRUCTION OR INTERFERENCE WITH VESSELS OR 
                   MARITIME FACILITIES.

       (a) In General.--Title 18, United States Code, is amended 
     by inserting after chapter 65 the following:

                     ``CHAPTER 66--MARITIME VESSELS

``Sec.
``1371. Jurisdiction and scope.
``1372. Destruction of vessel or maritime facility.
``1373. Imparting or conveying false information.

     ``Sec. 1371 Jurisdiction and scope

       ``(a) In General.--There is jurisdiction under section 3231 
     over an offense under this chapter if--
       ``(1) the prohibited activity takes place within the United 
     States, or in waters or submerged lands thereunder subject to 
     the jurisdiction of the United States; or
       ``(2) the prohibited activity takes place outside the 
     United States, and--
       ``(A) an offender or a victim of the prohibited activity is 
     a citizen of the United States;
       ``(B) a citizen of the United States was on board a vessel 
     to which this chapter applies; or
       ``(C) the prohibited activity involves a vessel of the 
     United States.
       ``(b) Applicability.--Nothing in this chapter shall apply 
     to otherwise lawful activities carried out by, or at the 
     direction of, the United States Government.

     ``Sec. 1372. Destruction of vessel or maritime facility

       ``(a) Offenses.--It shall be unlawful for any person--
       ``(1) to willfully--
       ``(A) set fire to, damage, destroy, disable, or wreck any 
     vessel; or
       ``(B) place or cause to be placed a destructive device or 
     destructive substance in, upon, or in proximity to, or 
     otherwise make or cause to be made an unworkable or unusable 
     or hazardous to work or use, any vessel (as defined in 
     section 3 of title 1), or any part or other materials used or 
     intended to be used in connection with the operation of a 
     vessel; or
       ``(C) set fire to, damage, destroy, disable, or displace a 
     destructive device or destructive substance in, upon, or in 
     proximity to, any maritime facility, including any aid to 
     navigation, lock, canal, or vessel traffic service facility 
     or equipment, or interfere by force or violence with the 
     operation of such maritime facility, if such action is likely 
     to endanger the safety of any vessel in navigation;
       ``(D) set fire to, damage, destroy, disable, or place a 
     destructive device or destructive substance in, upon, or in 
     proximity to any appliance, structure, property, machine, 
     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 on, or intended to be carried on, any 
     vessel;
       ``(E) perform an act of violence against or incapacitate an 
     individual on a vessel, if such act of violence or 
     incapacitation is likely to endanger the safety of the vessel 
     or those on board;
       ``(F) perform an act of violence against a person that 
     causes or is likely to cause serious bodily injury in, upon, 
     or in proximity to any appliance, structure, property, 
     machine, 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; or
       ``(G) communicate 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
       ``(2) to attempt or conspire to do anything prohibited 
     under paragraph (1).
       ``(b) Penalty.--Any person who--
       ``(1) violates subparagraph (A) or (B) of subsection (a)(1) 
     shall be fined in accordance with this title or imprisoned 
     for a maximum life imprisonment term, or both, and if death 
     results, shall be subject to the death penalty; and
       ``(2) violates subsection (a)(2) or subparagraph (C), (D), 
     (E), (F), or (G) of subsection (a)(1) shall be fined in 
     accordance with this title or imprisoned not more than 20 
     years, or both.
       ``(c) Additional Penalties.--Any person who is fined or 
     imprisoned in accordance with subsection (b) for an offense 
     that involved a vessel that, at the time the violation 
     occurred, carried high-level radioactive waste or spent 
     nuclear fuel shall be fined in accordance with this title or 
     imprisoned for not less than 30 years, or for life.
       ``(d) Threatened Offense.--Any person who willfully imparts 
     or conveys any threat to do an act which would violate this 
     chapter, with an apparent determination and will to carry out 
     the threat, shall be--
       ``(1) fined in accordance with this title or imprisoned not 
     more than 5 years, or both; and
       ``(2) liable for all costs incurred as a result of such 
     threat.
       ``(e) Definitions.--For purposes of this section--
       ``(1) the term `destructive device' has the meaning as such 
     term in section 921(a)(4);
       ``(2) the term `destructive substance' has the meaning as 
     such term in section 31;
       ``(3) the term `high-level radioactive waste' has the 
     meaning as such term in section 2(12) of the Nuclear Waste 
     Policy Act of 1982 (42 U.S.C. 10101(12));
       ``(4) the term `serious bodily injury' has the meaning as 
     such term in section 1365(g); and
       ``(5) the term `spent nuclear fuel' has the meaning as such 
     term in section 2(23) of the Nuclear Waste Policy Act of 1982 
     (42 U.S.C. 10101(23)).

     ``Sec. 1373. Imparting or conveying false information

       ``(a) In General.--Any person who 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 is an 
     offense under this chapter or chapters 2, 97, or 111, 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) Increased Penalty.--Any person who 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 being made by 
     or to be made, to do any act that is an offense under this 
     chapter or chapters 2, 97, or 111, shall be fined in 
     accordance with this title or imprisoned not more than 5 
     years, or both.''.
       (b) Technical and Conforming Amendment.--The table of 
     chapters at the beginning of title 18, is amended by 
     inserting after the item relating to chapter 65 the 
     following:

``66. Maritime Vessels......................................1371''.....

     SEC. 102. CRIMINAL SANCTIONS FOR PLACEMENT OF DESTRUCTIVE 
                   DEVICES OR SUBSTANCES IN UNITED STATES 
                   JURISDICTIONAL WATERS.

       (a) In General.--Chapter 111 of title 18, United States 
     Code, is amended by inserting after section 2280 the 
     following:

     ``Sec. 2280A. Devices or substances in waters of the United 
       States likely to destroy or damage ships

       ``(a) In General.--Any person who knowingly places or 
     causes to be placed in waters subject to the jurisdiction of 
     the United States, by any means, a device or substance that 
     is likely to destroy or cause damage to a ship or its cargo, 
     or cause interference with the safe navigation of vessels or 
     interference with maritime commerce, such as by

[[Page S4573]]

     damaging or destroying marine terminals, facilities, and any 
     other maritime structure or entity used in maritime commerce, 
     with the intent of causing such destruction or damage--
       ``(1) shall be fined in accordance with this title and 
     imprisoned for any term of years or for life; and
       ``(2) if the death of any person results from conduct 
     prohibited under this section, may be punished by death.
       ``(b) Applicability.--Nothing in this section shall be 
     construed to apply to otherwise lawfully authorized and 
     conducted activities of the United States Government.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 111 of title 18, United States Code, is 
     amended by inserting after the item relating to section 2280 
     the following:

``2280A. Devices or substances in waters of the United States likely to 
              destroy or damage ships.''.

     SEC. 103. PIRACY AND PRIVATEERING.

       Chapter 81 of title 18, United States Code, is amended to 
     read as follows:

                 ``CHAPTER 81--PIRACY AND PRIVATEERING

``Sec.
``1651. Piracy.
``1652. Crimes against United States persons or property on board a 
              ship or maritime structure.
``1653. Crimes against persons on board a ship or maritime structure 
              within the territorial jurisdiction of the United States.
``1654. Crimes by United States citizens or resident aliens.
``1655. Privateering.
``1656. Theft or conversion of vessel, maritime structure, cargo, or 
              effects.
``1657. Intentional wrecking or plunder of a vessel, maritime 
              structure, cargo, or effects.
``1658. Knowing receipt of an illegally acquired vessel, maritime 
              structure, cargo, or effects.
``1659. Attempts.
``1660. Accessories.
``1661. Inapplicability to United States Government activities.

     ``Sec. 1651. Piracy

       ``Any person who commits the crime of piracy and is 
     afterwards brought into, or found in, the United States shall 
     be imprisoned for life.

     ``Sec. 1652. Crimes against United States persons or property 
       on board a ship or maritime structure

       ``Any person who commits any illegal act of violence, 
     detention, or depredation against the United States, 
     including any vessel of the United States, citizen of the 
     United States, any commercial structure owned in whole or in 
     part by a United States citizen or resident alien, or any 
     United States citizen or resident alien, or the property of 
     that citizen or resident alien, on board a ship or maritime 
     structure and is afterwards brought into or found in the 
     United States, shall be fined in accordance with this title 
     or imprisoned not more than 20 years, or both.

     ``Sec. 1653. Crimes against persons on board a ship or 
       maritime structure within the territorial jurisdiction of 
       the United States

       ``Any person who commits any illegal act of violence, 
     detention, or depredation against an individual on board a 
     ship or maritime structure, or the property of that 
     individual, in waters or submerged lands thereunder, subject 
     to the jurisdiction of the United States, shall be fined in 
     accordance with this title or imprisoned not more than 20 
     years, or both.

     ``Sec. 1654. Crimes by United States citizens or resident 
       aliens

       ``Any person, being a United States citizen or resident 
     alien, or purporting to act under the authority of the United 
     States, who commits any illegal act of violence, detention, 
     or depredation against an individual on board a ship or 
     maritime structure, or the property of that individual, shall 
     be fined in accordance with this title or imprisoned not more 
     than 20 years, or both.

     ``Sec. 1655. Privateering

       ``(a) Offense.--It shall be unlawful for any person to 
     furnish, fit out, arm, or serve in a privateer or private 
     vessel used to commit any illegal act of violence, detention, 
     or depredation against an individual, or the property of that 
     individual, or any vessel or maritime structure without the 
     express authority of the United States Government when--
       ``(1) the perpetrator of the act is a United States citizen 
     or resident alien, or purports to act under authority of the 
     United States;
       ``(2) the individual against whom the act is committed is a 
     United States citizen or resident alien or the property, 
     vessel, or maritime structure involved is owned, in whole or 
     in part, by a United States citizen or resident alien; or
       ``(3) some element of the illegal act of violence, 
     detention, or depredation is committed in waters subject to 
     the jurisdiction of the United States.
       ``(b) Penalty.--Any person who violates subsection (a) 
     shall be fined in accordance with this title or imprisoned 
     not more than 20 years, or both.

     ``Sec. 1656. Theft or conversion of vessel, maritime 
       structure, cargo, or effects

       ``(a) Offense.--It shall be unlawful for any person who is 
     a captain, officer, crewman, or passenger of a vessel or 
     maritime structure to assist in the theft or conversion of 
     such vessel or maritime structure, or its cargo or effects 
     when--
       ``(1) the perpetrator is a United States citizen or 
     resident alien, or purports to act under the authority of the 
     United States;
       ``(2) the vessel, maritime structure, cargo, or effects is 
     owned in whole or in part by a United States citizen or 
     resident alien; or
       ``(3) some element of the theft or conversion is committed 
     in waters subject to the jurisdiction of the United States.
       ``(b) Penalty.--Any person who violates subsection (a) 
     shall be fined in accordance with this title or imprisoned 
     not more than 20 years, or both.

     ``Sec. 1657. Intentional wrecking or plunder of a vessel, 
       maritime structure, cargo, or effects

       ``(a) Offense.--It shall be unlawful for any person to--
       ``(1) intentionally cause the wrecking of a vessel or 
     maritime structure by act or omission, either directly such 
     as by intentional grounding, or indirectly by modification or 
     destruction of any navigational marker or safety device;
       ``(2) intentionally plunder, steal, or destroy a vessel, 
     maritime structure, cargo, or effects when such vessel or 
     maritime structure is in distress, wrecked, lost, stranded, 
     or cast away; or
       ``(3) intentionally obstruct or interfere with the rescue 
     of a person on board a vessel or maritime structure in 
     distress, wrecked, lost, stranded, or cast away, or the legal 
     salvage of such a vessel, maritime structure, cargo, or 
     effects, when--
       ``(A) the perpetrator is a United States citizen or 
     resident alien, or purports to act under authority of the 
     United States;
       ``(B) the vessel, maritime structure, cargo, or effects is 
     owned in whole or in part by a United States citizen or 
     resident alien; or
       ``(C) some element of the theft or conversion is committed 
     in waters subject to the jurisdiction of the United States.
       ``(b) Penalty.--Any person who violates subsection (a) 
     shall be fined in accordance with this title or imprisoned 
     not more than 20 years, or both.

     ``Sec. 1658. Knowing receipt of an illegally acquired vessel, 
       maritime structure, cargo, or effects

       ``Any person who knowingly receives or acquires a vessel, 
     maritime structure, cargo, or effects converted or obtained 
     by action falling under any section of this chapter shall be 
     fined in accordance with this title or imprisoned not more 
     than 20 years, or both.

     ``Sec. 1659. Attempts

       Any person who attempts any act which, if committed, would 
     constitute an offense under this chapter shall be fined in 
     accordance with this title or imprisoned not more than 20 
     years, or both.

     ``Sec. 1660. Accessories

       ``(a) Commission of an Offense.--Any person who knowingly 
     assists any person in the commission of an act that 
     constitutes an offense under this chapter shall be fined in 
     accordance with this title or imprisoned not more than 20 
     years, or both.
       ``(b) Avoidance of Consequences.--Any person who knowingly 
     assists any person in avoiding the consequences of an act 
     that constitutes an offense under this chapter shall be fined 
     in accordance with this title or imprisoned not more than 20 
     years, or both.

     ``Sec. 1661. Inapplicability to United States Government 
       activities

       ``Nothing in this chapter shall apply to otherwise lawful 
     activities--
       ``(1) carried out by, or at the direction of, the United 
     States Government; or
       ``(2) undertaken under a letter or marque and reprisal 
     issued by the United States Government.''.

     SEC. 104. USE OF A DANGEROUS WEAPON OR EXPLOSIVE ON A 
                   PASSENGER VESSEL.

       (a) In General.--Chapter 39 of title 18, United States 
     Code, is amended by inserting after section 831 the 
     following:

     ``Sec. 832. Use of a dangerous weapon or explosive on a 
       passenger vessel

       ``(a) Offense.--It shall be unlawful for any person to 
     willfully--
       ``(1) commit an act, including the use of a dangerous 
     weapon, explosive, or incendiary device, with the intent to 
     cause death or serious bodily injury to a crew member or 
     passenger of a passenger vessel or any other person while on 
     board a passenger vessel; or
       ``(2) attempt, threaten, or conspire to do any act referred 
     to in paragraph (1).
       ``(b) Penalty.--An person who violates subsection (a) shall 
     be fined in accordance with this title or imprisoned not more 
     than 20 years, or both.
       ``(c) Aggravated Offense.--Any person who commits an 
     offense described in subsection (a) in a circumstance in 
     which--
       ``(1) the vessel was carrying a passenger at the time of 
     the offense; or
       ``(2) the offense has resulted in the death of any person;

     shall be guilty of an aggravated offense and shall be fined 
     in accordance with this title or imprisoned for any term of 
     years or for life.
       ``(d) Applicability.--This section shall apply to vessels 
     that are subject to the jurisdiction of the United States, 
     and vessels carrying passengers who are United States 
     citizens or resident aliens, wherever located.
       ``(e) Definitions.--For purposes of this section--
       ``(1) the term `dangerous weapon' has the meaning given 
     such term in section 930(g);
       ``(2) the term `explosive or incendiary device' has the 
     meaning given such term in section 232(5);

[[Page S4574]]

       ``(3) the term `passenger' has the same meaning given such 
     term in section 2101(21) of title 46;
       ``(4) the term `passenger vessel' has the same meaning 
     given such term in section 2101(22) of title 46; and
       ``(5) the term `serious bodily injury' has the meaning 
     given such term in section 1365(g).''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 39 of title 18, United States Code, is 
     amended by inserting after the item relating to section 831 
     the following:

``832. Use of a dangerous weapon or explosive on a passenger vessel.''.

     SEC. 105. SANCTIONS FOR FAILURE TO HEAVE TO AND FOR 
                   OBSTRUCTION OF BOARDING AND PROVIDING FALSE 
                   INFORMATION.

       (a) In General.--Chapter 109 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2237. Sanctions for failure to heave to; sanctions for 
       obstruction of boarding or providing false information

       ``(a) Failure to Heave To.--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 to heave to 
     on being ordered to do so by an authorized Federal law 
     enforcement officer.
       ``(b) Obstruction of Boarding and Providing False 
     Information.--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--
       ``(1) forcibly assault, resist, oppose, prevent, impede, 
     intimidate, or interfere with a boarding or other law 
     enforcement action authorized by any Federal law, or to 
     resist a lawful arrest; or
       ``(2) 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 that the person knows is false.
       ``(c) Limitations.--This section shall not limit the 
     authority of--
       ``(1) an 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 Under 
     Secretary for Border and Transportation Security of the 
     Department of Homeland Security; or
       ``(2) a Federal law enforcement officer under any law of 
     the United States to order a vessel to stop or heave to.
       ``(d) Consent or Objection to Enforcement.--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, which 
     consent or waiver may be proven by certification of the 
     Secretary of State or the Secretary's designee.
       ``(e) Penalty.--Any person who intentionally violates this 
     section shall be fined in accordance with this title and 
     imprisoned not more than 1 year.
       ``(f) Definitions.--For purposes of this section--
       ``(1) the terms `vessel of the United States' and `vessel 
     subject to the jurisdiction of the United States' have the 
     same meanings as such terms in section 3 of the Maritime Drug 
     Law Enforcement Act (46 U.S.C. App. 1903);
       ``(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; and
       ``(3) the term `Federal law enforcement officer' has the 
     same meaning as such term in section 115.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 109 of title 18, United States Code, is 
     amended by adding at the end the following:

``2237. Sanctions for failure to heave to; sanctions for obstruction of 
              boarding or providing false information.''.

     SEC. 106. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST MARITIME 
                   NAVIGATION.

       Section 2280(a) of title 18, United States Code, is 
     amended--
       (1) in paragraph (1)--
       (A) by redesignating subparagraphs (F), (G), and (H) as 
     (G), (H), and (I), respectively;
       (B) by inserting after subparagraph (E) the following:
       ``(F) destroys, damages, alters, moves, or tampers with any 
     aid to maritime navigation maintained by the Saint Lawrence 
     Seaway Development Corporation under the authority of section 
     4 of the Act of May 13, 1954, (33 U.S.C. 984) or the Coast 
     Guard pursuant to section 81 of title 14, or lawfully 
     maintained by the Coast Guard pursuant to section 83 of title 
     14, if such act endangers or is likely to endanger the safe 
     navigation of a ship;''; and
       (C) in subparagraph (I), as so redesignated, by striking 
     ``through (G)'' and inserting ``through (H)''; and
       (2) in paragraph (2), by striking ``(C) or (E)'' and 
     inserting ``(C), (E), or (F)''.

     SEC. 107. CRIMINAL SANCTIONS FOR MALICIOUS DUMPING.

       (a) In General.--Chapter 111 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2282. Knowing discharge or release

       ``(a) Endangerment of Human Life.--Any person who knowingly 
     discharges or releases oil, a hazardous material, a noxious 
     liquid substance, or any other substance into the navigable 
     waters of the United States or the adjoining shoreline with 
     the intent to endanger human life, health, or welfare--
       ``(1) shall be fined in accordance with this title and 
     imprisoned for any term of years or for life; and
       ``(2) if the death of any person results from conduct 
     prohibited under this section, may be punished by death.
       ``(b) Endangerment of Marine Environment.--Any person who 
     knowingly discharges or releases oil, a hazardous material, a 
     noxious liquid substance, or any other substance into the 
     navigable waters of the United States or the adjacent 
     shoreline with the intent to endanger the marine environment 
     shall be fined in accordance with this title or imprisoned 
     not more than 30 years, or both.
       ``(c) Definitions.--For purposes of this section--
       ``(1) the term `discharge' means any spilling, leaking, 
     pumping, pouring, emitting, emptying, or dumping;
       ``(2) the term `hazardous material' has the same meaning 
     given such term in section 2101(14) of title 46;
       ``(3) the term `marine environment' has the same meaning 
     given such term in section 2101(15) of title 46;
       ``(4) the term `navigable waters' has the same meaning 
     given such term in section 502(7) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1362(7)), and also includes 
     the territorial sea of the United States as described in 
     Presidential Proclamation 5928 of December 27, 1988; and
       ``(5) the term `noxious liquid substance' has the same 
     meaning given such term in the MARPOL Protocol as defined in 
     section 2(a)(3) of the Act to Prevent Pollution from Ships 
     (33 U.S.C. 1901(a)(3)).''.
       (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.''.

     SEC. 108. ATTORNEY GENERAL TO COORDINATE PORT-RELATED CRIME 
                   DATA COLLECTION.

       (a) Regulations.--The Attorney General shall issue 
     regulations to--
       (1) require the reporting by a carrier that is the victim 
     of a cargo theft offense to the Attorney General of 
     information on the cargo theft offense (including offenses 
     occurring outside ports of entry and ports of shipment 
     origination) that identifies the port of entry, the port 
     where the shipment originated, where the theft occurred, and 
     any other information specified by the Attorney General;
       (2) create a database to contain the reports described in 
     paragraph (1) and integrate those reports, to the extent 
     feasible, with other noncriminal justice and intelligence 
     data, such as insurer bill of lading, cargo contents and 
     value, point of origin, and lien holder filings; and
       (3) prescribe procedures for access to the database created 
     in accordance with paragraph (2) by appropriate Federal, 
     State, and local governmental agencies and private companies 
     or organizations, while limiting access to privacy of the 
     information in accordance with other applicable Federal laws.
       (b) Modification of Databases.--
       (1) In general.--United States Government agencies with 
     significant regulatory or law enforcement responsibilities at 
     United States ports shall, to the extent feasible, modify 
     their information databases to ensure the collection and 
     retrievability of data relating to crime, terrorism, and 
     related activities at, or affecting, United States ports.
       (2) Designation of agencies.--The Attorney General, after 
     consultation with the Secretary of Homeland Security, shall 
     designate the agencies referred to in paragraph (1).
       (c) Outreach Program.--The Attorney General, in 
     consultation with the Secretary of Homeland Security, the 
     National Maritime Security Advisory Committee established 
     under section 70112 of title 46, United States Code, and the 
     appropriate Federal and State agencies, shall establish an 
     outreach program--
       (1) to work with State and local law enforcement officials 
     to harmonize the reporting of data on cargo theft among 
     States and localities with the United States Government's 
     reports; and
       (2) to work with local port security committees to 
     disseminate cargo theft information to appropriate law 
     enforcement officials.
       (d) Annual Report.--The Attorney General shall report 
     annually to the Committee on the Judiciary of the Senate and 
     the House of Representatives on the implementation of this 
     section.
       (e) Interstate or Foreign Shipments by Carrier; State 
     Prosecutions.--
       (1) State prosecutions.--Section 659 of title 18, United 
     States Code, is amended--
       (A) in the first undesignated paragraph--
       (i) by striking ``Whoever embezzles'' and inserting the 
     following:
       ``(a) Offense; Penalty.--Whoever--
       ``(1) embezzles'';
       (ii) by striking ``from any pipeline system'' and all that 
     follows through ``with intent to convert to his own use''; 
     and
       (iii) by striking ``or'' at the end;
       (B) in the second undesignated paragraph--
       (i) by striking ``Whoever buys'' and inserting the 
     following:
       ``(2) buys''; and
       (ii) by striking ``or'' at the end;
       (C) in the third undesignated paragraph--
       (i) by striking ``Whoever embezzles'' and inserting the 
     following''

[[Page S4575]]

       ``(3) embezzles''; and
       (ii) by striking ``with intent to convert to his own use'';
       (D) in the fourth undesignated paragraph, by striking 
     ``Whoever embezzles'' and inserting the following:
       ``(4) embezzles'';
       (E) in the fifth undesignated paragraph, by striking 
     ``Shall in each case'' and inserting the following:

     ``shall in each case'';
       (F) in the sixth undesignated paragraph, by striking 
     ``The'' and inserting the following:
       ``(b) Location of Offense.--The'';
       (G) in the seventh undesignated paragraph, by striking 
     ``The'' and inserting the following''
       ``(c) Separate Offense.--The'';
       (H) in the eighth undesignated paragraph, by striking 
     ``To'' and inserting the following:
       ``(d) Prima Facie Evidence.--To'';
       (I) in the ninth undesignated paragraph, by striking ``A'' 
     and inserting the following:
       ``(e) Prosecution.--A''; and
       (J) by adding at the end the following:
       ``(f) Civil Penalty.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, and in addition to any penalties that may be available 
     under any other provision of law, a person who is found by 
     the Secretary of Homeland Security, after notice and an 
     opportunity for a hearing, to have violated this section or a 
     regulation issued under this section shall be liable to the 
     United States for a civil penalty not to exceed $25,000 for 
     each violation.
       ``(2) Separate violations.--Each day of a continuing 
     violation shall constitute a separate violation.
       ``(3) Amount of penalty.--
       ``(A) In general.--The amount of a civil penalty for a 
     violation of this section or a regulation issued under this 
     section shall be assessed by the Attorney General, or the 
     designee of the Attorney General, by written notice.
       ``(B) Considerations.--In determining the amount of a civil 
     penalty under this paragraph, the Attorney General shall take 
     into account--
       ``(i) the nature, circumstances, extent, and gravity of the 
     prohibited act committed; and
       ``(ii) with respect to the violator, the degree of 
     culpability, any history of prior offenses, ability to pay, 
     and such other matters as justice may require.
       ``(4) Modification of penalty.--The Secretary of Homeland 
     Security may compromise, modify, or remit, with or without 
     conditions, any civil penalty that is subject to imposition 
     or which has been imposed under this section.
       ``(5) Failure to pay.--If a person fails to pay an 
     assessment of a civil penalty after it has become final, the 
     Secretary of Homeland Security may refer the matter to the 
     Attorney General for collection in an appropriate district 
     court of the United States.
       ``(g) Definition.--For purposes of this section, the term 
     `goods or chattels' means 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.''.
       (2) Federal 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 of title 18, United States 
     Code, as amended by this subsection.
       (3) Annual report.--The Attorney General shall annually 
     submit to Congress a report that 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.

  TITLE II--PROTECTING UNITED STATES PORTS AGAINST TERRORISM AND CRIME

                     Subtitle A--General Provision

     SEC. 201. DEFINITIONS.

       In this title:
       (1) Aircraft.--The term ``aircraft'' has the meaning given 
     that term in section 40102 of title 49, United States Code.
       (2) Captain-of-the-port.--The term ``Captain-of-the-Port'', 
     with respect to a United States seaport, means the individual 
     designated by the Commandant of the Coast Guard as the 
     Captain-of-the-Port at that seaport.
       (3) Common carrier.--The term ``common carrier'' means any 
     person that holds itself out to the general public as a 
     provider for hire of a transportation by water, land, or air 
     of merchandise, whether or not the person actually operates 
     the vessel, vehicle, or aircraft by which the transportation 
     is provided, between a port or place and a port or place in 
     the United States.
       (4) Container.--The term ``container'' means a container 
     that is used or designed for use for the international 
     transportation of merchandise by vessel, vehicle, or 
     aircraft.
       (5) Directorate.--The term ``Directorate'' means the Border 
     and Transportation Security Directorate of the Department of 
     Homeland Security.
       (6) Manufacturer.--The term ``manufacturer'' means a person 
     who fabricates or assembles merchandise for sale in commerce.
       (7) Merchandise.--The term ``merchandise'' has the meaning 
     given that term in section 401 of the Tariff Act of 1930 (19 
     U.S.C. 1401).
       (8) Ocean transportation intermediary.--The term ``ocean 
     transportation intermediary'' has the meaning given that term 
     in section 515.2 of title 46, Code of Federal Regulations (as 
     in effect on January 1, 2003).
       (9) Shipment.--The term ``shipment'' means cargo traveling 
     in international commerce under a bill of lading.
       (10) Shipper.--The term ``shipper'' means--
       (A) a cargo owner;
       (B) the person for whose account ocean transportation is 
     provided;
       (C) the person to whom delivery of merchandise is to be 
     made; or
       (D) a common carrier that accepts responsibility for 
     payment of all charges applicable under a tariff or service 
     contract.
       (11) United states seaport.--The term ``United States 
     seaport'' means a place in the United States on a waterway 
     with shoreside facilities for the intermodal transfer of 
     cargo containers that are used in international trade.
       (12) Vehicle.--The term ``vehicle'' has the meaning given 
     that term in section 401 of the Tariff Act of 1930 (19 U.S.C. 
     1401).
       (13) Vessel.--The term ``vessel'' has the meaning given 
     that term in section 401 of the Tariff Act of 1930 (19 U.S.C. 
     1401).

                     Subtitle B--Security Authority

     SEC. 211. DESIGNATED SECURITY AUTHORITY.

       The Captain-of-the-Port of each United States seaport shall 
     be the primary authority responsible for security at the 
     United States seaport and shall--
       (1) coordinate security at such seaport; and
       (2) be the point of contact on seaport security issues for 
     civilian and commercial port entities at such seaport.

                 Subtitle C--Securing the Supply Chain

     SEC. 221. MANIFEST REQUIREMENTS.

       Section 431(b) of the Tariff Act of 1930 (19 U.S.C. 
     1431(b)) is amended--
       (1) by striking ``Any manifest'' and inserting the 
     following:
       ``(1) In general.--Any manifest''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Required information.--
       ``(A) Requirement.--In addition to any other requirement 
     under this section, the pilot, master, operator, or owner (or 
     the authorized agent of such operator or owner) of every 
     vessel required to make entry or obtain clearance under the 
     laws of the United States shall transmit electronically the 
     cargo manifest information described in subparagraph (B) in 
     such manner and form as the Secretary shall prescribe. The 
     Secretary shall ensure the electronic information is 
     maintained securely, and is available only to individuals 
     with Federal Government security responsibilities.
       ``(B) Content.--The cargo manifest required by subparagraph 
     (A) shall consist of the following information:
       ``(i) The port of arrival and departure.
       ``(ii) The carrier code assigned to the shipper.
       ``(iii) The flight, voyage, or trip number.
       ``(iv) The dates of scheduled arrival and departure.
       ``(v) A request for a permit to proceed to the destination, 
     if such permit is required.
       ``(vi) The numbers and quantities from the carrier's master 
     airway bill, bills of lading, or ocean bills of lading.
       ``(vii) The first port of lading of the cargo and the city 
     in which the carrier took receipt of the cargo.
       ``(viii) A description and weight of the cargo (including 
     the Harmonized Tariff Schedule of the United States number 
     under which the cargo is classified) or, for a sealed 
     container, the shipper's declared description and weight of 
     the cargo.
       ``(ix) The shipper's name and address, or an identification 
     number, from all airway bills and bills of lading.
       ``(x) The consignee's name and address, or an 
     identification number, from all airway bills and bills of 
     lading.
       ``(xi) Notice of any discrepancy between actual boarded 
     quantities and airway bill or bill of lading quantities, 
     except that a carrier is not required by this clause to 
     verify boarded quantities of cargo in sealed containers.
       ``(xii) Transfer or transit information for the cargo while 
     it has been under the control of the carrier.
       ``(xiii) The location of the warehouse or other facility 
     where the cargo was stored while under the control of the 
     carrier.
       ``(xiv) The name and address, or identification number of 
     the carrier's customer including the forwarder, nonvessel 
     operating common carrier, and consolidator.
       ``(xv) The conveyance name, national flag, and tail number, 
     vessel number, or train number.
       ``(xvi) The country of origin and ultimate destination.
       ``(xvii) The carrier's reference number, including the 
     booking or bill number.
       ``(xviii) The shipper's commercial invoice number and 
     purchase order number.
       ``(xix) Information regarding any hazardous material 
     contained in the cargo.
       ``(xx) License information including the license code, 
     license number, or exemption code.
       ``(xxi) The container number for containerized shipments.
       ``(xxii) Certification of the empty condition of any empty 
     containers.
       ``(xxiii) Any additional information that the Secretary, in 
     consultation with the Secretary of Homeland Security, by 
     regulation determines is reasonably necessary to ensure

[[Page S4576]]

     aviation, maritime, and surface transportation safety 
     pursuant to the laws enforced and administered by the 
     Secretary or the Under Secretary for Border and 
     Transportation Security of the Department of Homeland 
     Security.''.

     SEC. 222. PENALTIES FOR INACCURATE MANIFEST.

       (a) Falsity or Lack of Manifest.--Section 584 of the Tariff 
     Act of 1930 (19 U.S.C. 1584) is amended--
       (1) in subsection (a)(1)--
       (A) by striking ``$1,000'' each place it appears and 
     inserting ``$50,000''; and
       (B) by striking ``$10,000'' and inserting ``$50,000''; and
       (2) by adding at the end the following new subsection:
       ``(c) Criminal Penalties.--Any person who ships or prepares 
     for shipment any merchandise bound for the United States who 
     intentionally provides inaccurate or false information, 
     whether inside or outside the United States, with respect to 
     such merchandise for the purpose of introducing such 
     merchandise into the United States in violation of the laws 
     of the United States, shall be liable, upon conviction of a 
     violation of this subsection, for a fine of not more than 
     $50,000 or imprisonment for 1 year, or both; except that if 
     the importation of such merchandise into the United States is 
     prohibited, such person shall be liable for an additional 
     fine of not more than $50,000 or imprisonment for not more 
     than 5 years, or both.''.
       (b) Penalties for Violations of the Arrival, Reporting, 
     Entry, and Clearance Requirements.--Subsections (b) and (c) 
     of section 436 of Tariff Act of 1930 (19 U.S.C. 1436) are 
     amended to read as follows:
       ``(b) Civil Penalty.--Any master, person in charge of a 
     vessel, vehicle, or aircraft pilot who commits any violation 
     listed in subsection (a) shall be liable for a civil penalty 
     of $25,000 for the first violation, and $50,000 for each 
     subsequent violation, and any conveyance used in connection 
     with any such violation is subject to seizure and forfeiture.
       ``(c) Criminal Penalty.--In addition to being liable for a 
     civil penalty under subsection (b), any master, person in 
     charge of a vessel, vehicle, or aircraft pilot who 
     intentionally commits or causes another to commit any 
     violation listed in subsection (a) shall be liable, upon 
     conviction, for a fine of not more than $50,000 or 
     imprisonment for 1 year, or both; except that if the 
     conveyance has, or is discovered to have had, on board any 
     merchandise (other than sea stores or the equivalent for 
     conveyances other than vessels) the importation of which into 
     the United States is prohibited, such individual shall be 
     liable for an additional fine of not more than $50,000 or 
     imprisonment for not more than 5 years, or both.''.

     SEC. 223. SHIPMENT PROFILING PLAN.

       (a) In General.--The Secretary of Homeland Security shall 
     develop a shipment profiling plan to track containers and 
     shipments of merchandise to be imported into the United 
     States. The tracking system shall be designed to identify any 
     shipment that is a threat to the security of the United 
     States before such shipment enters the United States.
       (b) Information Requirements.--
       (1) Content.--The shipment profiling plan required by 
     subsection (a) shall at a minimum--
       (A) require common carriers, shippers, and ocean 
     transportation intermediaries to provide appropriate 
     information regarding each shipment of merchandise, including 
     the information required under section 431(b) of the Tariff 
     Act of 1930 (19 U.S.C. 1431(b)) to the Secretary of Homeland 
     Security; and
       (B) require shippers to use a standard international bill 
     of lading for each shipment that includes--
       (i) the weight of the cargo;
       (ii) the value of the cargo;
       (iii) the vessel name;
       (iv) the voyage number;
       (v) a description of each container;
       (vi) a description of the nature, type, and contents of the 
     shipment;
       (vii) the code number from the Harmonized Tariff Schedule;
       (viii) the port of destination;
       (ix) the final destination of the cargo;
       (x) the means of conveyance of the cargo;
       (xi) the origin of the cargo;
       (xii) the name of the precarriage deliverer or agent;
       (xiii) the port at which the cargo was loaded;
       (xiv) the name of the formatting agent;
       (xv) the bill of lading number;
       (xvi) the name of the shipper;
       (xvii) the name of the consignee;
       (xviii) the universal transaction number or carrier code 
     assigned to the shipper by the Secretary;
       (xix) the information contained in the continuous synopsis 
     record for the vessel transporting the shipment; and
       (xx) any additional information that the Secretary by 
     regulation determines is reasonably necessary to ensure 
     seaport safety.
       (2) Continuous synopsis record defined.--In this 
     subsection, the term ``continuous synopsis record'' means the 
     continuous synopsis record required by regulation 5 of 
     chapter XI-1 of the Annex to the International Convention of 
     the Safety of Life at Sea, 1974.
       (3) Effective date.--The requirement imposed under clause 
     (xix) of paragraph (1)(B) shall take effect on July 1, 2004.
       (c) Creation of Profile.--The Secretary of Homeland 
     Security shall combine the information described in 
     subsection (b) with other law enforcement and national 
     security information that the Secretary determines useful to 
     assist in locating containers and shipments that could pose a 
     threat to the security of the United States and to create a 
     profile of every container and every shipment within the 
     container that will enter the United States.
       (d) Cargo Screening.--
       (1) In general.--Officers of the Directorate shall review 
     the profile of a shipment that a shipper desires to transport 
     into the United States to determine whether the shipment or 
     the container in which it is carried should be subjected to 
     additional inspection by the Directorate. In making such a 
     determination, an officer shall consider, in addition to any 
     other relevant factors--
       (A) whether the shipper has regularly shipped cargo to the 
     United States in the past; and
       (B) the specificity of the description of the shipment's 
     contents.
       (2) Notification.--The Secretary of Homeland Security shall 
     transmit to the shipper and the person in charge of the 
     vessel, aircraft, or vehicle on which a shipment is located a 
     notification of whether the shipment is to be subjected to 
     additional inspection as described in paragraph (1).
       (e) Consistency With the National Customs Automation 
     Program.--The Secretary of Homeland Security, in consultation 
     with the Secretary of the Treasury, shall ensure that the 
     National Customs Automation Program established pursuant to 
     section 411 of the Tariff Act of 1930 (19 U.S.C. 1411) is 
     compatible with the shipment profile plan developed under 
     this section.

     SEC. 224. INSPECTION OF MERCHANDISE AT FOREIGN FACILITIES.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary of Homeland Security shall submit to 
     Congress a plan to--
       (1) station inspectors from the Directorate, other Federal 
     agencies, or the private sector at the foreign facilities of 
     manufacturers or common carriers to profile and inspect 
     merchandise and the containers or other means by which such 
     merchandise is transported as they are prepared for shipment 
     on a vessel that will arrive at any port or place in the 
     United States;
       (2) develop procedures to ensure the security of 
     merchandise inspected as described in paragraph (1) until it 
     reaches the United States; and
       (3) permit merchandise inspected as described in paragraph 
     (1) to receive expedited inspection upon arrival in the 
     United States.

            Subtitle D--Security of Seaports and Containers

     SEC. 231. SEAPORT SECURITY REQUIREMENTS.

       (a) Requirement.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall issue final regulations setting forth minimum security 
     requirements, including security performance standards for 
     United States seaports. The regulations shall--
       (1) limit private vehicle access to the terminal area of a 
     United States seaport to vehicles that are registered at such 
     seaport and display a seaport registration pass;
       (2) prohibit individuals, other than law enforcement 
     officers, from carrying firearms or explosives inside a 
     United States seaport without written authorization from the 
     Captain-of-the-Port;
       (3) prohibit individuals from physically accessing the 
     terminal area of a United States seaport without a seaport 
     specific access pass;
       (4) require that officers of the Directorate, and other 
     appropriate law enforcement officers, at United States 
     seaports be provided with, and utilize, personal radiation 
     detection pagers to increase the ability of such officers to 
     accurately detect radioactive materials that could be used to 
     commit terrorist acts in the United States;
       (5) require that the terminal area of each United States 
     seaport be equipped with--
       (A) a secure perimeter;
       (B) monitored or locked access points; and
       (C) sufficient lighting; and
       (6) include any additional security requirement that the 
     Secretary determines is reasonably necessary to ensure 
     seaport security.
       (b) Limitation.--Except as provided in subsection (c), any 
     United States seaport that does not meet the minimum security 
     requirements described in subsection (a) is prohibited from--
       (1) handling, storing, stowing, loading, discharging, or 
     transporting dangerous cargo; and
       (2) transferring passengers to or from a passenger vessel 
     that--
       (A) weighs more than 100 gross tons;
       (B) carries more than 12 passengers for hire; and
       (C) has a planned voyage of more than 24 hours, part of 
     which is on the high seas.
       (c) Exception.--The Secretary of Homeland Security may 
     waive 1 or more of the minimum requirements described in 
     subsection (a) for a United States seaport if the Secretary 
     determines that it is not appropriate for such seaport to 
     implement the requirement.

     SEC. 232. SEAPORT SECURITY CARDS.

       Section 70105 of title 46, United States Code, is amended--
       (1) by striking subsection (a) and inserting the following:

[[Page S4577]]

       ``(a) Prohibition.--(1) Unless the requirements of 
     paragraph (2) are met, the Secretary shall prescribe 
     regulations to prohibit--
       ``(A) an individual from entering an area of a vessel or 
     facility that is designated as a secure area by the Secretary 
     for purposes of a security plan for the vessel or facility 
     that is approved by the Secretary under section 70103 of this 
     title; and
       ``(B) an individual who is regularly employed at a United 
     States seaport or who is employed by a common carrier that 
     transports merchandise to or from a United States seaport 
     from entering a United States seaport.
       ``(2) The prohibition imposed under paragraph (1) may not 
     apply to--
       ``(A) an individual who--
       ``(i) holds a transportation security card issued under 
     this section; and
       ``(ii) is authorized to be in area in accordance with the 
     plan if the individual is attempting to enter an area of a 
     vessel or facility that is designated as a secure area by the 
     Secretary for purposes of a security plan for the vessel or 
     facility approved by the Secretary under section 70103 of 
     this title; or
       ``(B) an individual who is accompanied by another 
     individual who may access the secure area or United States 
     seaport in accordance with this section.
       ``(3) A person may not admit an individual into a United 
     States seaport or a secure area unless the individual is in 
     compliance with this subsection.'';
       (2) in paragraph (2) of subsection (b)--
       (A) in subparagraph (E), by striking ``and'';
       (B) by redesignating subparagraph (F) as subparagraph (G); 
     and
       (C) by inserting after subparagraph (E) the following new 
     subparagraph:
       ``(F) an individual who is regularly employed at a United 
     States seaport or who is employed by a common carrier that 
     transports merchandise to or from a United States seaport; 
     and'';
       (3) in paragraph (1) of subsection (c)--
       (A) in subparagraph (C), by striking ``or'';
       (B) in subparagraph (D), by striking the period at the end 
     and inserting a semicolon and ``or''; and
       (C) at the end, by inserting the following new 
     subparagraph:
       ``(E) has not provided sufficient information to allow the 
     Secretary to make the determinations described in 
     subparagraph (A), (B), (C), or (D).'';
       (4) by striking subsection (f); and
       (5) by inserting after subsection (e) the following new 
     subsections:
       ``(f) Data on Cards.--A transportation security card issued 
     under this section shall--
       ``(1) be tamper resistant; and
       ``(2) contain--
       ``(A) the number of the individual's commercial driver's 
     license issued under chapter 313 of title 49, if any;
       ``(B) the State-issued vehicle registration number of any 
     vehicle that the individual desires to bring into the United 
     States seaport, if any;
       ``(C) the work permit number issued to the individual, if 
     any;
       ``(D) a unique biometric identifier to identify the license 
     holder; and
       ``(E) a safety rating assigned to the individual by the 
     Secretary of Homeland Security.
       ``(g) Definitions.--In this section:
       ``(1) Alien.--The term `alien' has the meaning given the 
     term in section 101(a)(3) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)(3)).
       ``(2) United states seaport.--The term `United States 
     seaport' means a place in the United States on a waterway 
     with shoreside facilities for the intermodal transfer of 
     cargo containers that are used in international trade.''.

     SEC. 233. SECURING SENSITIVE INFORMATION.

       (a) Requirement.--Not later than 90 days after the date of 
     enactment of this Act, the Captain-of-the-Port of each United 
     States seaport shall secure and protect all sensitive 
     information, including information that is currently 
     available to the public, related to the seaport.
       (b) Sensitive Information.--In this section, the term 
     ``sensitive information'' means--
       (1) maps of the seaport;
       (2) blueprints of structures located within the seaport; 
     and
       (3) any other information related to the security of the 
     seaport that the Captain-of-the-Port determines is 
     appropriate to secure and protect.

     SEC. 234. CONTAINER SECURITY.

       (a) Container Seals.--
       (1) Approval.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall approve minimum standards for high security container 
     seals that--
       (A) meet or exceed the American Society for Testing 
     Materials Level D seals;
       (B) permit each seal to have a unique identification 
     number; and
       (C) contain an electronic tag that can be read 
     electronically at a seaport.
       (2) Requirement for use.--Within 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall deny entry of a vessel into the United States if the 
     containers carried by the vessel are not sealed with a high 
     security container seal approved under paragraph (1).
       (b) Identification Number.--
       (1) Requirement.--A shipment that is shipped to or from the 
     United States either directly or via a foreign port shall 
     have a designated universal transaction number.
       (2) Tracking.--The person responsible for the security of a 
     container shall record the universal transaction number 
     assigned to the shipment under paragraph (1), as well as any 
     seal identification number on the container, at every port of 
     entry and point at which the container is transferred from 
     one conveyance to another conveyance.
       (c) Pilot Program.--
       (1) Grants.--The Secretary of Homeland Security is 
     authorized to award grants to eligible entities to develop an 
     improved seal for cargo containers that--
       (A) permit the immediate detection of tampering with the 
     seal;
       (B) permit the immediate detection of tampering with the 
     walls, ceiling, or floor of a container that indicates a 
     person is attempting to improperly access the container; and
       (C) transmit information regarding tampering with the seal, 
     walls, ceiling, or floor of the container in real time to the 
     appropriate authorities at a remote location.
       (2) Application.--Each eligible entity seeking a grant 
     under this subsection shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may reasonably require.
       (3) Eligible entity.--In this subsection, the term 
     ``eligible entity'' means any national laboratory, nonprofit 
     private organization, institution of higher education, or 
     other entity that the Secretary determines is eligible to 
     receive a grant authorized by paragraph (1).
       (d) Empty Containers.--
       (1) Certification.--The Secretary of Homeland Security 
     shall prescribe in regulations requirements for certification 
     of empty containers that are to be shipped to or from the 
     United States either directly or via a foreign port. Such 
     regulations shall require that an empty container--
       (A) be inspected and certified as empty prior to being 
     loaded onto a vessel for transportation to a United States 
     seaport; and
       (B) be sealed with a high security container seal approved 
     under subsection (a)(1) to enhance the security of United 
     States seaports.

     SEC. 235. OFFICE AND INSPECTION FACILITIES.

       (a) Operational Space in Seaports.--Each entity that owns 
     or operates a United States seaport that receives cargo from 
     a foreign country, whether governmental, quasi-governmental, 
     or private, shall provide to the Directorate permanent office 
     and inspection space within the seaport that is sufficient 
     for the Directorate officers at the seaport to carry out 
     their responsibilities. Such office and inspection space--
       (1) shall be provided at no cost to the Directorate; and
       (2) may be located outside the terminal area of the 
     seaport.
       (b) Inspection Technology.--The Secretary of Homeland 
     Security shall maintain permanent inspection facilities that 
     utilize available inspection technology in the space provided 
     at each seaport pursuant to subsection (a).

     SEC. 236. SECURITY GRANTS TO SEAPORTS.

       (a) Criteria for Awarding Grants.--Notwithstanding any 
     other provision of law, the Secretary of Homeland Security 
     shall use the proportion of the containerized imports that 
     are received at a United States seaport as a factor to be 
     considered when determining whether to select that seaport 
     for award of a competitive grant for security.
       (b) Definitions.--In this section:
       (1) Containerized imports.--The term ``containerized 
     imports'' means the number of twenty-foot equivalent units of 
     containerized imports that enter the United States annually 
     through a United States seaport as estimated by the Bureau of 
     Transportation Statistics of the Department of 
     Transportation.
       (2) Competitive grant for security.--The term ``competitive 
     grant for security'' means a grant of Federal financial 
     assistance that the Secretary of Homeland Security is 
     authorized to award to a United States seaport for the 
     purpose of enhancing security at the seaport, including a 
     grant of funds appropriated under the heading ``Maritime and 
     Land Security'' in title I of division I of the Consolidated 
     Appropriations Resolution, 2003 (Public Law 108-7).

                        TITLE III--AUTHORIZATION

     SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Attorney 
     General and the Secretary of Homeland Security such sums as 
     are necessary to carry out this Act. Sums authorized to be 
     appropriated under this section are authorized to remain 
     available until expended.

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