Port Anti-Terrorism and Security Act of 2003 - Amends the Federal criminal code to prohibit damaging or destroying a vessel or maritime facility. Provides enhanced penalties where the vessel carried high-level radioactive waste or spent nuclear fuel. Prohibits placing in U.S. waters devices or substances likely to destroy or damage ships.
Prohibits piracy, privateering, theft or intentional wrecking of a vessel, or use of a dangerous weapon or explosive on a passenger vessel. Provides sanctions for failure to heave to and for obstructing boarding or providing false information during a boarding. Prohibits the knowing discharge of hazardous substances in U.S. navigable waters or the adjacent shoreline with intent to endanger human life, health, or welfare or the marine environment.
Directs the Attorney General to: (1) take specified actions to coordinate port-related crime data collection; and (2) establish an outreach program to work with State and local law enforcement officials to harmonize the reporting of data on cargo theft and with local port security committees to disseminate such information to appropriate law enforcement officials.
Sets civil penalties of up to $25,000 per violation of Federal prohibitions against theft or embezzlement related to interstate or foreign shipments by carrier.
Amends the Tariff Act to increase penalties for falsity or lack of a manifest.
Directs the Secretary of Homeland Security to submit to Congress a plan to inspect merchandise and containers at foreign facilities.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3456 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 3456
To deter and punish terrorism and crime at United States ports, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 6, 2003
Mr. Bell introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on
Transportation and Infrastructure, and Ways and Means, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To deter and punish terrorism and crime at United States ports, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Port Anti-Terrorism and Security Act
of 2003''.
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 chapter 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 chapter 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 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);
``(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''
``(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
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) Shipment.--The term ``shipment'' means cargo traveling
in international commerce under a bill of lading.
(9) 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.
(10) Vehicle.--The term ``vehicle'' has the meaning given
that term in section 401 of the Tariff Act of 1930 (19 U.S.C.
1401).
(11) Vessel.--The term ``vessel'' has the meaning given
that term in section 401 of the Tariff Act of 1930 (19 U.S.C.
1401).
SEC. 202. 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.
SEC. 203. 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. 204. 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.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Transportation and Infrastructure, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Transportation and Infrastructure, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Transportation and Infrastructure, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Transportation and Infrastructure, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Coast Guard and Maritime Transportation.
Referred to the Subcommittee on Trade.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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