[Congressional Record Volume 149, Number 121 (Friday, September 5, 2003)]
[Senate]
[Pages S11162-S11167]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BIDEN (for himself, Mr. Specter, Mr. Hollings, and Mr. 
        Carper):
  S. 1587. A bill to make it a criminal act to willfully use a weapon, 
explosive, chemical weapon, or nuclear or radioactive material with the 
intent to cause death or serious bodily injury to any person while on 
board a passenger vessel, and for other purposes; to the Committee on 
the Judiciary.
  Mr. BIDEN. Mr. President, I rise today to introduce, along with my 
colleague Senator Specter, the ``Reducing Crime and Terrorism at 
America's Seaports Act of 2003.'' About a year ago, the Independent 
Task Force on Homeland Security Imperatives, co-chaired by former 
Senators Gary Hart and Warren Rudman and sponsored by the Council on 
Foreign Relations, released its report in which it concluded that 
``America remains dangerously unprepared to prevent and respond to a 
catastrophic attack on U.S. soil.'' The report received considerable 
media fanfare and inspired eloquent proclamations about the need to 
strengthen America's domestic security agenda--but sadly, in the 
ensuing months, we have done little to protect one of the key 
vulnerabilities identified by the task force, this nation's seaports.
  The 361 seaports in the United States serve essential national 
interests by facilitating the flow of trade and the movement of cruise 
passengers, as well as supporting the effective and safe deployment of 
U.S. Armed Forces. Yet, our attention to the security needs of seaport 
facilities and other marine areas, which cover some 3.5 million square 
miles of ocean area and 95,000 miles of coastline, has been 
inadequate--especially when you consider the sheer volume of traffic 
that moves through our seaports and along our waterways each year.
  Annually, U.S. seaports handle more than 141 million ferry and cruise 
ship passengers and unfathomable amounts of waterborne commerce, more 
than 2 billion tons of domestic and international freight and 3 billion 
tons of oil. Each year, millions of truck-size cargo containers are 
off-loaded onto U.S. docks--yet, as the Hart-Rudman Report noted, 
``only the tiniest percentage of [these] containers . . .  are subject 
to examination--and a weapon of mass destruction could well be hidden 
among this cargo.'' Indeed, only about 2 percent of the nearly 6 
million cargo containers that pass through the U.S. are inspected each 
year--and, according to some expert reports, only 30 percent of that 
cargo contains material that matches the cargo manifest.
  The 2002 Hart-Rudman Report was both timely and important in that it 
shed new light on these glaring vulnerabilities and, in the process, 
re-energized the debate surrounding America's national security needs. 
However, the report's findings were hardly new. Two years earlier, the

[[Page S11163]]

Interagency Commission on Crime and Security at U.S. Seaports, a blue-
ribbon government panel, had similarly noted that seaports and the 
``maritime mode'' were especially vulnerable and that they did ``not 
exhibit a substantial security or anti-terrorism profile, particularly 
when compared with the emphasis commercial aviation places on these 
activities.'' The Interagency Commission concluded that ``terrorism, 
serious crime and inadequate cargo control are the most obvious threat 
vectors in seaports today.''
  With that in mind, last Congress, Senator Specter and I introduced 
legislation designed to update Federal law to address critical security 
issues at U.S. seaports. We have re-tooled and re-focused that 
legislation, making important improvements and taking account of recent 
changes in the law. Today, we re-introduce the ``Reducing Crime and 
Terrorism at America's Seaports Act of 2003,'' which addresses all 
three threats identified by the Interagency Commission--terrorism, 
serious crime and inadequate cargo control.
  Here is a summary of some of the pressing vulnerabilities that the 
legislation would address directly: First, the Interagency Commission 
concluded that ``control of access to the seaport or sensitive areas 
within the seaports'' poses one of the greatest potential threats to 
port security. Such unauthorized access continues and exposes the 
nation's seaports, and the communities that surround them, to acts of 
terrorism, sabotage or theft. In response, the Biden-Specter Bill would 
double the maximum term of imprisonment for anyone who fraudulently 
gains access to a seaport or waterfront.
  Second, an estimated 95 percent of the cargo shipped to the U.S. from 
foreign countries, other than Canada and Mexico, arrives through out 
seaports. Accordingly, the Interagency Commission found that this 
enormous flow of goods through U.S. ports provides a tempting target 
for terrorists and others to smuggle illicit cargo into the country, 
while also making ``our ports potential targets for terrorist 
attacks,'' In addition, the smuggling of non-dangerous, but illicit, 
cargo may be used to finance terrorism. Despite the gravity of the 
threat, we continue to operate in an environment in which terrorists 
and criminals can evade detection by underreporting and misreporting 
the content of cargo. In one review by the U.S. Customs Service, nearly 
20 percent of the carrier arrivals in the sample were discrepant, i.e., 
carried more or fewer containers than were listed on the manifest. In 
an earlier review, Customs found a 53 percent discrepant rate. Even 
where this improperly-reported cargo is legitimate, it needlessly 
diverts precious resources and attention away from the job of detecting 
terrorists and serious criminals. To deter this problem, the Biden-
Specter Bill would increase penalties for noncompliance with certain 
manifest reporting and record-keeping requirements, including 
information regarding the content of cargo containers and the country 
from which the shipments originated.
  Third, the Coast Guard is the main Federal agency responsible for law 
enforcement at sea. Yet, its ability to force a vessel to stop or be 
boarded is limited. While the Coast Guard has the authority to use 
whatever force is reasonably necessary, a vessel operator's refusal to 
stop is not currently a crime. The Biden-Specter Bill would make it a 
crime for a vessel operator to fail to slow or stop a ship once ordered 
to do so by a federal law enforcement officer; for any person on board 
a vessel to impede boarding or other law enforcement action authorized 
by Federal law; or for any person on board a vessel to provide false 
information to a federal law enforcement officer.
  Fourth, The Coast Guard maintains over 50,000 navigational aids on 
more than 25,000 miles of waterways. These aids, which are relied upon 
by all commercial, military and recreational mariners, are critical for 
safe navigation by commercial and military vessels. Accordingly, they 
are inviting targets for terrorists. The Biden-Specter Bill would make 
it a crime to endanger the safe navigation of a ship by damaging any 
maritime navigational aid maintained by the Coast Guard; place in the 
waters anything which is likely to damage a vessel or its cargo, 
interfere with a vessel's safe navigation, or interfere with maritime 
commerce; or dump a hazardous substance into U.S. waters, with the 
intent to endanger human life or welfare.
  Fifth, each year, thousands of ships, including cruise ships, whose 
numbers have swelled enormously over the last half century, enter and 
leave the U.S. through seaports, Smugglers and terrorists exploit this 
massive flow of maritime traffic to transport dangerous materials and 
dangerous people into this country. The Biden-Specter Bill would make 
it a crime to use a vessel to smuggle into the United States either a 
terrorist or any explosive or other dangerous material for use in 
committing a terrorist act.

  Sixth, under current Federal law, it is a crime to destroy an 
aircraft or aircraft facilities. Incredibly, there are no equivalent 
Federal prohibitions in the maritime context. Given the magnitude of 
the threat against America's seaports, we should provide the same 
protection to seaports that we do for airports. The Biden-Specter Bill 
would make it a crime to damage or destroy any part of a ship, a 
maritime facility, or anything used to load or unload cargo and 
passengers; commit a violent assault on anyone at a maritime facility; 
or knowingly communicate a hoax in a way which endangers the safety of 
a vessel.
  Seventh, according to the Interagency Commission, ``at many seaports, 
the carrying of firearms is not restricted, and thus internal 
conspirators and other criminals are allowed armed access to cargo 
vessels and cruise line terminals.'' Currently, Federal law prohibits 
carrying firearms into airports, which is a sensible step to protect 
against possible terrorist attacks or other criminal activity. We 
should provide the same protections currently afforded to airports to 
our seaports and passenger vessels. The Biden-Specter Bill would 
prohibit the carrying of a dangerous weapon, including a firearm or 
explosive, at a seaport or on board a vessel.
  Eighth, as a consequence of the vast amount of waterborne commerce, 
cargo theft has become a major problem. Yet, there is no national data 
collection and reporting system that captures the magnitude of serious 
crime at seaports. Given the importance of free-flowing commerce to our 
nation's economy and the reported trafficking and sale of contraband to 
fiance terrorist activity, it is especially important that we work to 
assess and correct the problem. The Biden-Specter Bill would require 
the reporting of cargo theft offenses. It would also instruct the 
Attorney General to create a database containing the reported 
information, which would be made available to appropriate governmental 
officials while respecting important privacy protections. Importantly, 
organizations like the American Institute of Marine Underwriters and 
the Inland Marine Underwriters Association have specifically expressed 
their strong support for this provision.
  And, ninth, the Interagency Commission concluded that existing laws 
are not stiff enough to stop certain crimes, including cargo theft, at 
seaports. The Biden-Specter Bill would increase the maximum term of 
imprisonment for low-level thefts of interstate or foreign shipments 
from 1 year to 3 years and expand the statute to outlaw theft of goods 
from trailers, cargo containers, warehouses, and similar venues. The 
American Institute of Marine Underwriters and the Inland Marine 
Underwriters Association also have expressed strong support for this 
provision.
  This comprehensive anti-crime and anti-terrorism legislation is the 
product of informal collaborations with ports, industry and labor 
groups, as well as interested federal agencies. As a result of the 
contributions by these groups, we believe that we have developed a 
strong, bipartisan bill that, once passed, will significantly improve 
federal criminal law; expand the array of tools available to 
investigators and prosecutors; and ensure that federal resources are 
appropriately invested.
  We are delighted to have the support of organizations, like the 
American Association of Port Authorities (AAPA), with special knowledge 
and expertise in seaport and cargo security. In fact, the AAPA, which 
represents more than 150 public port authorities in the United States, 
Canada, the Caribbean and Latin America, has sent me a strong letter 
endorsing the legislation--a copy of which will appear in the record at 
the end of my statement.

[[Page S11164]]

  In closing, in the aftermath of September 11th and given the ongoing 
and escalating terrorism perpetrated around the globe, surely we 
recognize that the conclusions contained in the Hart-Rudman Report were 
not mere hyperbole--but a clarion call for action. Needless to say, a 
terrorist attack against any one of this Nation's seaports would not 
only jeopardize human life, but could also bring the otherwise free 
flow of commerce to a screeching halt--exacting a heft toll on the U.S. 
economy, world shipping, and international trade. That impact could be 
both devastating and far-reaching, and that is not even considering the 
effect of America's military readiness which depends on quick access to 
certain strategic ports in order to ensure effective mobilization and 
deployment of U.S. Armed Forces.
  Given the threat, we must undertake to do all that we reasonably can 
to discourage and/or frustrate such an attack. This legislation, while 
not a cure-all, is an important step in the right direction. I implore 
my colleagues to join our effort and move quickly to enact this bill 
into law. America will be better for it.
  Mr. President, I ask unanimous consent that the text of the bill and 
the letter from AAPA be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1587

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Reducing Crime and Terrorism 
     at America's Seaports Act of 2003''.

     SEC. 2. ENTRY BY FALSE PRETENSES TO ANY SEAPORT.

       (a) In General.--Section 1036 of title 18, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by striking ``or'' at the end;
       (B) by redesignating paragraph (3) as paragraph (4); and
       (C) by inserting after paragraph (2) the following:
       ``(3) any secure area of any seaport; or'';
       (2) in subsection (b)(1), by striking ``5'' and inserting 
     ``10'';
       (3) in subsection (c)--
       (A) in paragraph (1), by striking ``and'';
       (B) in paragraph (2), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(3) the term `seaport' means any structure or facility of 
     any kind located in, on, under, or adjacent to any waters 
     subject to the jurisdiction of the United States.''; and
       (4) in the section heading, by inserting ``or seaport'' 
     after ``airport''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 47 of title 18 is amended by striking 
     the matter relating to section 1036 and inserting the 
     following:

``1036. Entry by false pretenses to any real property, vessel, or 
              aircraft of the United States or secure area of any 
              airport or seaport.''.

     SEC. 3. CRIMINAL SANCTIONS FOR FAILURE TO HEAVE TO, 
                   OBSTRUCTION OF BOARDING, OR PROVIDING FALSE 
                   INFORMATION.

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

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

       ``(a)(1) It shall be unlawful for the master, operator, or 
     person in charge of a vessel of the United States, or a 
     vessel subject to the jurisdiction of the United States, to 
     knowingly fail to obey an order by an authorized Federal law 
     enforcement officer to heave to that vessel.
       ``(2) It shall be unlawful for any person on board a vessel 
     of the United States, or a vessel subject to the jurisdiction 
     of the United States, to--
       ``(A) forcibly assault, resist, oppose, prevent, impede, 
     intimidate, or interfere with a boarding or other law 
     enforcement action authorized by any Federal law, or to 
     resist a lawful arrest; or
       ``(B) provide information to a Federal law enforcement 
     officer during a boarding of a vessel regarding the vessel's 
     destination, origin, ownership, registration, nationality, 
     cargo, or crew, which that person knows is false.
       ``(b) This section does not limit the authority of a 
     customs officer under section 581 of the Tariff Act of 1930 
     (19 U.S.C. 1581), or any other provision of law enforced or 
     administered by the Customs Service, or the authority of any 
     Federal law enforcement officer under any law of the United 
     States, to order a vessel to stop or heave to.
       ``(c) A foreign nation may consent or waive objection to 
     the enforcement of United States law by the United States 
     under this section by radio, telephone, or similar oral or 
     electronic means. Consent or waiver may be proven by 
     certification of the Secretary of State or the designee of 
     the Secretary of State.
       ``(d) In this section--
       ``(1) the term `Federal law enforcement officer' has the 
     meaning given the term in section 115(c);
       ``(2) the term `heave to' means to cause a vessel to slow, 
     come to a stop, or adjust its course or speed to account for 
     the weather conditions and sea state to facilitate a law 
     enforcement boarding;
       ``(3) the term `vessel subject to the jurisdiction of the 
     United States' has the meaning given the term in section 2(d) 
     of the Maritime Drug Law Enforcement Act (46 App. U.S.C. 
     1903(c)); and
       ``(4) the term `vessel of the United States' has the 
     meaning given the term in section 2(c) of the Maritime Drug 
     Law Enforcement Act (46 App. U.S.C. 1903(b)).
       ``(e) Any person who intentionally violates the provisions 
     of this section shall be fined under this title, imprisoned 
     for not more than 5 years, or both.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 109, title 18, United States Code, is 
     amended by inserting after the item for section 2236 the 
     following:

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

     SEC. 4. USE OF A DANGEROUS WEAPON OR EXPLOSIVE ON A PASSENGER 
                   VESSEL.

       Section 1993 of title 18, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by inserting ``, passenger vessel,'' 
     after ``transportation vehicle'';
       (B) in paragraphs (2)--
       (i) by inserting ``, passenger vessel,'' after 
     ``transportation vehicle''; and
       (ii) by inserting ``or owner of the passenger vessel'' 
     after ``transportation provider'' each place that term 
     appears;
       (C) in paragraph (3)--
       (i) by inserting ``, passenger vessel,'' after 
     ``transportation vehicle'' each place that term appears; and
       (ii) by inserting ``or owner of the passenger vessel'' 
     after ``transportation provider'' each place that term 
     appears;
       (D) in paragraph (5)--
       (i) by inserting ``, passenger vessel,'' after 
     ``transportation vehicle''; and
       (ii) by inserting ``or owner of the passenger vessel'' 
     after ``transportation provider''; and
       (E) in paragraph (6), by inserting ``or owner of a 
     passenger vessel'' after ``transportation provider'' each 
     place that term appears;
       (2) in subsection (b)(1), by inserting ``, passenger 
     vessel,'' after ``transportation vehicle''; and
       (3) in subsection (c)--
       (A) by redesignating paragraph (6) through (8) as 
     paragraphs (7) through (9); and
       (B) by inserting after paragraph (5) the following:
       ``(6) the term ``passenger vessel'' has the meaning given 
     that term in sections 2101(22) and 2102 of title 46, United 
     States Code.''.

     SEC. 5. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST MARITIME 
                   NAVIGATION, PLACEMENT OF DESTRUCTIVE DEVICES, 
                   AND MALICIOUS DUMPING.

       (a) Violence Against Maritime Navigation.--Section 2280(a) 
     of title 18, United States Code, is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (H), by striking ``(G)'' and inserting 
     ``(H)'';
       (B) by redesignating subparagraphs (F), (G), and (H) as 
     subparagraphs (G), (H), and (I), respectively; and
       (C) by inserting after subparagraph (E) the following:
       ``(F) destroys, damages, alters, moves, or tampers with any 
     aid to maritime navigation maintained by the Saint Lawrence 
     Seaway Development Corporation under the authority of section 
     4 of the Act of May 13, 1954 (33 U.S.C. 984), by the Coast 
     Guard pursuant to section 81 of title 14, United States Code, 
     or lawfully maintained under authority granted by the Coast 
     Guard pursuant to section 83 of title 14, United States Code, 
     if such act endangers or is likely to endanger the safe 
     navigation of a ship;''; and
       (2) in paragraph (2) by striking ``(C) or (E)'' and 
     inserting ``(C), (E), or (F)''.
       (b) Placement of Destructive Devices.--
       (1) In general.--Chapter 111 of title 18, United States 
     Code, is amended by adding after section 2280 the following:

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

       ``(a) A person who knowingly places, or causes to be 
     placed, in waters subject to the jurisdiction of the United 
     States, by any means, a device or substance which is likely 
     to destroy or cause damage to a vessel or its cargo, or cause 
     interference with the safe navigation of vessels, or 
     interference with maritime commerce, with the intent of 
     causing such destruction or damage, or interference with the 
     safe navigation of vessels or with maritime commerce, shall 
     be fined under this title, imprisoned for any term of years 
     or for life, or both; and if the death of any person results 
     from conduct prohibited under this subsection, may be 
     punished by death.
       ``(b) Nothing in this section shall be construed to apply 
     to otherwise lawfully authorized and conducted activities of 
     the United States Government.''.

[[Page S11165]]

       (2) Technical and conforming amendment.--The table of 
     sections for chapter 111 of title 18, United States Code, is 
     amended by adding after the item related to section 2280 the 
     following:

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

       (c) Malicious Dumping.--
       (1) In general.--Chapter 111 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2282. Knowing discharge or release

       ``(a) Endangerment of Human Life.--Any person who knowingly 
     discharges or releases oil, a hazardous material, a noxious 
     liquid substance, or any other substance into the navigable 
     waters of the United States or the adjoining shoreline with 
     the intent to endanger human life, health, or welfare shall 
     be fined under this title and imprisoned for any term of 
     years or for life; and if the death of any person results 
     from conduct prohibited by this subsection, shall be punished 
     by death or imprisoned for a term of years or for life.
       ``(b) Endangerment of Marine Environment.--Any person who 
     knowingly discharges or releases oil, a hazardous material, a 
     noxious liquid substance, or any other substance into the 
     navigable waters of the United States or the adjacent 
     shoreline with the intent to endanger the marine environment 
     shall be fined under this title, imprisoned not more than 30 
     years, or both.
       ``(c) Definitions.--In this section:
       ``(1) Discharge.--The term `discharge' means any spilling, 
     leaking, pumping, pouring, emitting, emptying, or dumping.
       ``(2) Hazardous material.--The term `hazardous material' 
     has the meaning given the term in section 2101(14) of title 
     46, United States Code.
       ``(3) Marine environment.--The term `marine environment' 
     has the meaning given the term in section 2101(15) of title 
     46, United States Code.
       ``(4) Navigable waters.--The term `navigable waters' has 
     the meaning given the term in section 1362(7) of title 33, 
     and also includes the territorial sea of the United States as 
     described in Presidential Proclamation 5928 of December 27, 
     1988.
       ``(5) Noxious liquid substance.--The term `noxious liquid 
     substance' has the meaning given the term in the MARPOL 
     Protocol defined in section 2(1) of the Act to Prevent 
     Pollution from Ships (33 U.S.C. 1901(a)(3)).
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 111 of title 18, United States Code, is 
     amended by adding at the end the following:

``2282. Knowing discharge or release.''.

     SEC. 6. TRANSPORTATION OF DANGEROUS MATERIALS AND TERRORISTS 
                   OR TERROR SUSPECTS.

       (a) Transportation of Dangerous Materials and Terror 
     Suspects.--Chapter 111 of title 18, as amended by section 5 
     of this Act, is amended by adding at the end the following:

     ``Sec. 2283. Transportation of explosive, biological, 
       chemical, or radioactive or nuclear materials.

       ``(a) In General.--Any person who knowingly and willfully 
     transports aboard any vessel an explosive or incendiary 
     device, biological agent, chemical weapon, or radioactive or 
     nuclear material, knowing that any such item is intended to 
     be used to commit a Federal crime of terrorism, shall be 
     fined under this title, imprisoned for any term of years or 
     for life, or both; and if the death of any person results 
     from conduct prohibited by this subsection, may be punished 
     by death.
       ``(b) Definitions.--In this section:
       ``(1) Biological agent.--The term `biological agent' means 
     any biological agent, toxin, or vector (as those terms are 
     defined in section 178).
       ``(2) By-product material.--The term `by-product material' 
     has the meaning given that term in section 11(e) of the 
     Atomic Energy Act of 1954 (42 U.S.C. 2014(e)).
       ``(3) Chemical weapon.--The term `chemical weapon' has the 
     meaning given that term in section 229F.
       ``(4) Explosive or incendiary device.--The term `explosive 
     or incendiary device' has the meaning given the term in 
     section 235(5).
       ``(5) Federal crime of terrorism.--The term `Federal crime 
     of terrorism' has the meaning given that term in section 
     2332b(g).
       ``(6) Nuclear material.--The term `nuclear material' has 
     the meaning given that term in section 831(f)(1).
       ``(7) Radioactive material.--The term `radioactive 
     material' means--
       ``(A) source material and special nuclear material, but 
     does not include natural or depleted uranium;
       ``(B) nuclear by-product material;
       ``(C) material made radioactive by bombardment in an 
     accelerator; or
       ``(D) all refined isotopes of radium.
       ``(8) Source material.--The term `source material' has the 
     meaning given that term in section 11(z) of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2014(z)).
       ``(9) Special nuclear material.--The term `special nuclear 
     material' has the meaning given that term in section 11(aa) 
     of the Atomic Energy Act of 1954 (42 U.S.C. 2014(aa)).

     ``Sec. 2284. Transportation of terrorists or terror suspects.

       ``(a) In General.--Any person who knowingly and willfully 
     transports aboard any vessel any terrorist or terror suspect 
     shall be fined under this title, imprisoned for any term of 
     years or for life, or both.
       ``(b) Defined Term.--In this section, the term `terrorist 
     or terror suspect' means any person who intends to commit, or 
     is avoiding apprehension after having committed, a Federal 
     crime of terrorism (as that term is defined under section 
     2332b(g)).''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 111 of title 18, United States Code, as 
     amended by this Act, is amended by adding at the end the 
     following:

``2283. Transportation of explosive, chemical, biological, or 
              radioactive or nuclear materials.
``2284. Transportation of terrorists or terror suspects.''.

     SEC. 7. DESTRUCTION OR INTERFERENCE WITH VESSELS OR MARITIME 
                   FACILITIES.

       (a) In General.--Title 18, United States Code, is amended 
     by inserting after chapter 111 the following:

    ``CHAPTER 111A--DESTRUCTION OF, OR INTERFERENCE WITH VESSELS OR 
                          MARITIME FACILITIES

``Sec.
``2290. Jurisdiction and scope.
``2291. Destruction of vessel or maritime facility.
``2292. Penalty when death results.
``2293. Imparting or conveying false information.
``2294. Bar to prosecution.

     ``Sec. 2290. Jurisdiction and scope

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

     ``Sec. 2291. Destruction of vessel or maritime facility

       ``(a) Offense.--Whoever willfully--
       ``(1) sets fire to, damages, destroys, disables, or wrecks 
     any vessel;
       ``(2) places or causes to be placed a destructive device, 
     as defined in section 921(a)(4), or destructive substance, as 
     defined in section 13, in, upon, or in proximity to, or 
     otherwise makes or causes to be made unworkable or unusable 
     or hazardous to work or use, any vessel, or any part or other 
     materials used or intended to be used in connection with the 
     operation of a vessel;
       ``(3) sets fire to, damages, destroys, or disables or 
     places a destructive device or substance in, upon, or in 
     proximity to, any maritime facility, including but not 
     limited to, any aid to navigation, lock, canal, or vessel 
     traffic service facility or equipment, or interferes by force 
     or violence with the operation of such facility, if such 
     action is likely to endanger the safety of any vessel in 
     navigation;
       ``(4) sets fire to, damages, destroys, or disables or 
     places a destructive device or substance in, upon, or in 
     proximity to, any appliance, structure, property, machine, or 
     apparatus, or any facility or other material used, or 
     intended to be used, in connection with the operation, 
     maintenance, loading, unloading, or storage of any vessel or 
     any passenger or cargo carried or intended to be carried on 
     any vessel;
       ``(5) performs an act of violence against or incapacitates 
     any individual on any vessel, if such act of violence or 
     incapacitation is likely to endanger the safety of the vessel 
     or those on board;
       ``(6) performs an act of violence against a person that 
     causes or is likely to cause serious bodily injury, as 
     defined in section 1365, in, upon, or in proximity to, any 
     appliance, structure, property, machine, or apparatus, or any 
     facility or other material used, or intended to be used, in 
     connection with the operation, maintenance, loading, 
     unloading, or storage of any vessel or any passenger or cargo 
     carried or intended to be carried on any vessel;
       ``(7) communicates information, knowing the information to 
     be false and under circumstances in which such information 
     may reasonably be believed, thereby endangering the safety of 
     any vessel in navigation; or
       ``(8) attempts or conspires to do anything prohibited under 
     paragraphs (1) through (7):
     shall be fined under this title or imprisoned not more than 
     20 years, or both.
       ``(b) Penalty.--Whoever is fined or imprisoned under 
     subsection (a) as a result of an act involving a vessel that, 
     at the time of the violation, carried high-level radioactive 
     waste (as that term is defined in section 2(12) of the 
     Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12)) or 
     spent nuclear fuel (as that term is defined in section 2(23) 
     of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
     10101(23)), shall be fined under title 18, imprisoned for a 
     term up to life, or both.
       ``(c) Threats.--Whoever willfully imparts or conveys any 
     threat to do an act which would violate this chapter, with an 
     apparent determination and will to carry the threat into 
     execution, shall be fined under this

[[Page S11166]]

     title, imprisoned not more than 5 years, or both, and is 
     liable for all costs incurred as a result of such threat.

     ``Sec. 2292. Penalty when death results

       ``Whoever is convicted of any crime prohibited by this 
     chapter, which has resulted in the death of any person, shall 
     be subject also to the death penalty or to imprisonment for 
     life.

     ``Sec. 2293. Imparting or conveying false information

       ``(a) In General.--Whoever imparts or conveys or causes to 
     be imparted or conveyed false information, knowing the 
     information to be false, concerning an attempt or alleged 
     attempt being made or to be made, to do any act which would 
     be a crime prohibited by this chapter or chapter 2, 97, or 
     111 of this title, shall be subject to a civil penalty of not 
     more than $5,000, which shall be recoverable in a civil 
     action brought in the name of the United States.
       ``(b) Malicious Conduct.--Whoever willfully and 
     maliciously, or with reckless disregard for the safety of 
     human life, imparts or conveys or causes to be imparted or 
     conveyed false information, knowing the information to be 
     false, concerning an attempt or alleged attempt to do any act 
     which would be a crime prohibited by this chapter, or by 
     chapter 2, 97, or 111 of this title, shall be fined under 
     this title, imprisoned not more than 5 years, or both.
       ``(c) Jurisdiction.--
       ``(1) In general.--Except as provided under paragraph (2), 
     section 2290(a) shall not apply to any offense under this 
     section.
       ``(2) Jurisdiction.--Jurisdiction over an offense under 
     this section shall be determined in accordance with the 
     provisions applicable to the crime prohibited by this 
     chapter, or by chapter 2, 97, or 111 of this title, to which 
     the imparted or conveyed false information relates, as 
     applicable.

     ``Sec. 2294. Bar to prosecution

       ``(a) In general.--It is a bar to prosecution under this 
     chapter if--
       ``(1) the conduct in question occurred within the United 
     States in relation to a labor dispute; and
       ``(2) such conduct is prohibited under the law of the State 
     in which it was committed.
       ``(b) Definitions.--In this section:
       ``(1) Labor dispute.--The term ``labor dispute'' has the 
     same meaning as in section 113(c) of the Norris-LaGuardia Act 
     (29 U.S.C. 113(c)).
       ``(2) State.--The term ``State'' means a State of the 
     United States, the District of Columbia, and any 
     commonwealth, territory, or possession of the United 
     States.''.
       (c) Technical and Conforming Amendment.--The table of 
     chapters at the beginning of title 18, United States Code, is 
     amended by inserting after the item for chapter 111 the 
     following:

``111A. Destruction of, or interference with vessels or maritime 
    facilities..................................................2290''.

     SEC. 8. CARRYING A WEAPON OR EXPLOSIVE ON A VESSEL OR AT A 
                   SEAPORT.

       (a) In General.--Title 18, United States Code, is amended 
     by striking section 2277 and inserting the following:

     ``Sec. 2277. Carrying a weapon or explosive on a vessel or at 
       a seaport.

       ``(a) General Criminal Penalty.--An individual shall be 
     fined under title 18, imprisoned for not more than 10 years, 
     or both, if the individual--
       ``(1) when on, or attempting to get on a vessel, or within 
     the area of any seaport, knowingly possesses a dangerous 
     weapon, explosive, incendiary device, or loaded firearm on or 
     about the property of the individual; or
       ``(2) has knowingly placed, attempted to place, or 
     attempted to have placed a dangerous weapon, explosive, 
     incendiary device, or loaded firearm on that vessel, or at 
     that seaport.
       ``(b) Criminal penalty involving disregard for human 
     life.--An individual who willfully and without regard for the 
     safety of human life, or with reckless disregard for the 
     safety of human life, violates subsection (b), shall be fined 
     under title 18, imprisoned for not more than 15 years, or 
     both, and if death results to any person, shall be imprisoned 
     for a term of years or for life.
       ``(c) Nonapplication.--
       ``(1) In general.--Subsection (b) of this section shall not 
     apply to--
       ``(A) the personnel of the Armed Forces of the United 
     States, or to officers or employees of the United States or 
     of a State or of a political subdivision thereof, while 
     acting in the performance of their duties, who are authorized 
     by law or by rules or regulations to own or possess any such 
     weapon or explosive;
       ``(B) another individual the Under Secretary for Border and 
     Transportation Security of the Department of Homeland 
     Security by regulation authorizes to carry a dangerous weapon 
     on board a vessel or at a seaport; or
       ``(C) any person employed on a vessel who--
       ``(i) possesses items otherwise prohibited under subsection 
     (b) that are used in the course of performing duties within 
     the scope of employment of that individual;
       ``(ii) has obtained the permission of the owner or master 
     of the vessel to carry such items on the vessel; and
       ``(iii) has obtained the permission of the captain of the 
     seaport to carry such items at the seaport.
       ``(2) Lawful shipment of explosive or incendiary device.--
     Subsection (b)(3) shall not apply to any person who is 
     engaged in the lawful shipment of any explosive or incendiary 
     device.
       ``(d) Conspiracy.--If 2 or more persons conspire to violate 
     subsection (b) or (c), and 1 or more of such persons do any 
     act to effect the object of the conspiracy, each of the 
     parties to such conspiracy shall be punished as provided in 
     such subsection.
       ``(e) Definitions.--In this section:
       ``(1) Dangerous weapon.--The term `dangerous weapon' has 
     the meaning given that term in section 930(g)(2) of title 18;
       ``(2) Explosive and incendiary device.--The terms 
     `explosive' and `incendiary device' have the meanings given 
     such terms in section 232(5) of title 18; and
       ``(3) Loaded firearm.--The term `loaded firearm' means a 
     starter gun or a weapon designed to expel a projectile 
     through an explosive, that has a cartridge, a detonator, or 
     powder in the chamber, magazine, cylinder, or clip.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 111 of title 18 is amended by striking 
     the matter relating to section 2277 and inserting the 
     following:

``2277. Carrying a weapon or explosive on a vessel or at a seaport.''.

     SEC. 9. CARGO THEFT DATA COLLECTION.

       (a) In General.--The Attorney General shall issue 
     regulations to--
       (1) require the reporting of a cargo theft offense to the 
     Attorney General by the carrier, facility, or cargo owner 
     with custody of the cargo at the time of the offense, as soon 
     as such carrier, facility, or cargo owner becomes aware of 
     the offense, with such reports to contain information 
     regarding the offense as specified in the regulations, 
     including the port of entry, the port where the shipment 
     originated, and where the theft occurred, to the extent such 
     information is available to the reporting party;
       (2) create a database to contain the reports made under 
     paragraph (1) and integrate them, to the extent feasible, 
     with other non-criminal justice and intelligence data, such 
     as a bill of lading, cargo contents and value, point of 
     origin, and lienholder filings; and
       (3) prescribe procedures for access to the database created 
     under paragraph (2) by appropriate Federal, State, and local 
     governmental agencies, while protecting the privacy of the 
     information in accordance with other applicable Federal laws.
       (b) Modification of Databases.--
       (1) In general.--United States Government agencies with 
     significant regulatory or law enforcement responsibilities at 
     United States ports shall, to the extent feasible, modify 
     their information databases to ensure the collection and 
     retrievability of data relating to crime and terrorism and 
     related activities at or affecting United States ports.
       (2) Designation of covered agencies.--The Attorney General, 
     after consultation with the Secretary of the Treasury and the 
     Secretary of Transportation, shall designate the agencies 
     included within the requirement of paragraph (1).
       (c) Outreach Program.--The Attorney General, in 
     consultation with the Secretary of the Treasury, the 
     Secretary of Transportation, the National Maritime Security 
     Advisory Committee established under section 70112 of title 
     46, United States Code, and appropriate Federal and State 
     agencies, shall establish an outreach program to--
       (1) work with State and local law enforcement officials to 
     harmonize the reporting of data on cargo theft among the 
     States, localities and with the United States Government's 
     reports; and
       (2) work with local port security committees to disseminate 
     cargo theft information to appropriate law enforcement 
     officials.
       (d) Violation of Regulations.--
       (1) In general.--Notwithstanding any other provision of 
     law, and in addition to any penalties that may be available 
     under any other provision of law, any person or entity who is 
     found by the Attorney General, after notice and an 
     opportunity for a hearing, to have violated the regulations 
     promulgated pursuant to section 9(a)(1), shall be liable to 
     the United States for a civil penalty, not to exceed $25,000 
     for each violation, except that the maximum penalty for any 
     party's first violation shall not exceed $7,500.
       (2) Continuing violations.--Each day of a continuing 
     violation shall constitute a separate violation.
       (3) Notice of assessment of penalty.--The amount of such 
     civil penalty shall be assessed by the Attorney General, or 
     his designee, by written notice.
       (4) Calculation of penalty.--In determining the amount of 
     such penalty, the Secretary shall take into account the 
     nature, circumstances, extent and gravity of the prohibited 
     acts committed and, with respect to the violator, the degree 
     of culpability, any history of prior offenses, ability to 
     pay, and such other matters as justice may require.
       (5) Modification of penalties.--The Attorney General may 
     compromise, modify, or remit, with or without conditions, any 
     civil penalty which is subject to imposition or which has 
     been imposed under this section.
       (6) Enforcement of assessments.--If a person or entity 
     fails to pay an assessment of a civil penalty after it has 
     become final, the Attorney General may collect such 
     assessments in any appropriate district court of the United 
     States.

[[Page S11167]]

       (e) Annual Report.--The Attorney General shall submit an 
     annual report on the implementation of this section to the 
     Committees on the Judiciary of the Senate and the House of 
     Representatives.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Attorney General such sums as are 
     necessary for each of the fiscal years 2003 through 2007 to 
     carry out the requirements of this section, such sums to 
     remain available until expended.

     SEC. 10. THEFT OF INTERSTATE OR FOREIGN SHIPMENTS OR VESSELS.

       (a) Theft of Interstate or Foreign Shipments.--Section 659 
     of title 18, United States Code, is amended--
       (1) in the first undesignated paragraph--
       (A) by inserting ``trailer,'' after ``motortruck,'';
       (B) by inserting ``air cargo container,'' after 
     ``aircraft,''; and
       (C) by inserting ``, or from any intermodal container, 
     trailer, container freight station, warehouse, or freight 
     consolidation facility,'' after ``air navigation facility'';
       (2) in the fifth undesignated paragraph, by striking ``one 
     year'' and inserting ``3 years''; and
       (3) by inserting after the first sentence in the eighth 
     undesignated paragraph the following: ``For purposes of this 
     section, goods and chattel shall be construed to be moving as 
     an interstate or foreign shipment at all points between the 
     point of origin and the final destination (as evidenced by 
     the waybill or other shipping document of the shipment), 
     regardless of any temporary stop while awaiting transhipment 
     or otherwise.''.
       (b) Stolen Vessels.--
       (1) In general.--Section 2311 of title 18, United States 
     Code, is amended by adding at the end the following:
       `` `Vessel' means any watercraft or other contrivance used 
     or designed for transportation or navigation on, under, or 
     immediately above, water.''.
       (2) Transportation and sale of stolen vessels.--Sections 
     2312 and 2313 of title 18, United States Code, are each 
     amended by striking ``motor vehicle or aircraft'' and 
     inserting ``motor vehicle, vessel, or aircraft''.
       (c) Review of Sentencing Guidelines.--Pursuant to section 
     994 of title 28, United States Code, the United States 
     Sentencing Commission shall review the Federal Sentencing 
     Guidelines to determine whether sentencing enhancement is 
     appropriate for any offense under section 659 or 2311 of 
     title 18, United States Code, as amended by this Act.
       (d) Annual Report of Law Enforcement Activities.--The 
     Attorney General shall annually submit to Congress a report, 
     which shall include an evaluation of law enforcement 
     activities relating to the investigation and prosecution of 
     offenses under section 659 of title 18, United States Code, 
     as amended by this Act.
       (e) Reporting of Cargo Theft.--The Attorney General shall 
     take the steps necessary to ensure that reports of cargo 
     theft collected by Federal, State, and local officials are 
     reflected as a separate category in the Uniform Crime 
     Reporting System, or any successor system, by no later than 
     December 31, 2005.

     SEC. 11. INCREASED PENALTIES FOR NONCOMPLIANCE WITH MANIFEST 
                   REQUIREMENTS.

       (a) Reporting, Entry, Clearance Requirements.--Section 
     436(b) of the Tariff Act of 1930 (19 U.S.C. 1436(b)) is 
     amended by--
       (1) striking ``or aircraft pilot'' and inserting ``, 
     aircraft pilot, operator, or owner of such vessel, vehicle, 
     or aircraft,'';
       (2) striking ``$5,000'' and inserting ``$10,000''; and
       (3) striking ``$10,000'' and inserting ``$25,000''.
       (b) Criminal Penalty.--Section 436(c) of the Tariff Act of 
     1930 (19 U.S.C. 1436(c)) is amended by striking ``$2,000'' 
     and inserting ``$10,000''.
       (c) Falsity or Lack of Manifest.--Section 584(a)(1) of the 
     Tariff Act of 1930 (19 U.S.C. 1584(a)(1)) is amended by 
     striking ``$1,000'' in each place it occurs and inserting 
     ``$10,000''.
                                  ____

                                              American Association


                                          of Port Authorities,

                                  Alexandria, VA, August 22, 2003.
     Hon. Joseph R. Biden, Jr.,
     Subcommittee on Crime and Drugs, Committee on the Judiciary, 
         U.S. Senate, Washington, DC.
       Dear Senator Biden: I am writing on behalf of the American 
     Association of Port Authorities (AAPA) and its U.S. members. 
     AAPA represents the leading public port authorities in the 
     U.S., Canada and the rest of the Western Hemisphere.
       Port security is the top priority of our members, and AAPA 
     worked closely with Congressional leaders on the passage last 
     year of the Maritime Transportation Security Act. As you 
     know, one portion that was left out of the final bill was the 
     section on criminal penalties. The ``Reducing Crime and 
     Terrorism at American's Seaports Act of 2003,'' that you plan 
     to introduce soon, addresses the need to broaden the federal 
     crime statute and stiffen the penalties for these crimes at 
     seaports.
       AAPA endorses this bill and encourages its strong 
     consideration. It provides increased penalties for entry by 
     false pretense to a port; failure to ``heave to,'' use of a 
     dangerous weapon or explosive on a passenger vessel, criminal 
     sanctions for violence against maritime navigation, penalties 
     for transporting dangerous materials and terrorists; makes 
     destruction or interference with vessels or maritime 
     facilities a crime, limits carrying a weapon or explosive on 
     a port, mandates cargo theft data collection, expands the law 
     regarding theft of interstate shipments, and increases 
     penalties for noncompliance with manifest requirements.
       We commend your leadership on this critical issue and look 
     forward to working with your staff as this bill progresses to 
     ensure the final law works well in the maritime environment 
     and further enhances port and maritime security.
           Sincerely,
                                                       Kurt Nagle.
                                 ______