Reducing Crime and Terrorism at America's Seaports Act of 2005 - (Sec. 2) Amends the federal criminal code to prohibit: (1) entry by false pretenses to a secure area of a seaport; (2) knowingly failing to obey an order to heave to by an authorized federal law enforcement officer; (3) forcibly interfering with an authorized law enforcement action or providing materially false information during a boarding; and (4) willfully disabling a passenger vessel.
(Sec. 5) Sets penalties for knowingly and intentionally: (1) placing in U.S. navigable waters a device or dangerous substance likely to destroy or damage a vessel or its cargo or likely to interfere with safe navigation or maritime commerce (authorizes the death penalty if death results from such conduct); (2) discharging or releasing into U.S. navigable water or onto an adjoining shoreline any dangerous substance that would endanger human life, health, or welfare or the marine environment; and (3) transporting aboard any vessel explosive, biological, chemical, or radioactive or nuclear material to be used to commit terrorism (authorizes the death penalty if death results from such conduct).
Sets penalties for: (1) knowingly transporting aboard any vessel a terrorist or terror suspect; (2) willfully causing destruction of a vessel or maritime facility; and (3) imparting or conveying false information concerning an attempt made to commit certain criminal acts.
(Sec. 8) Expands the scope of a prohibition against theft of interstate or foreign shipments. Increases penalties for stowaways on vessels or aircraft. Prohibits bribery affecting port security.
(Sec. 9) Amends the Tariff Act of 1930 to increase penalties for noncompliance with manifest requirements and to expand the scope of those requirements to cover any responsible party, including non-vessel operating common carriers.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 378 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 378
To make it a criminal act to willfully use a weapon with the intent to
cause death or serious bodily injury to any person while on board a
passenger vessel, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 15, 2005
Mr. Biden (for himself, Mr. Specter, Mrs. Feinstein, Mr. Kyl, and Mr.
Allen) introduced the following bill; which was read twice and referred
to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To make it a criminal act to willfully use a weapon with the intent to
cause death or serious bodily injury to any person while on board a
passenger vessel, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reducing Crime and Terrorism at
America's Seaports Act of 2005''.
SEC. 2. ENTRY BY FALSE PRETENSES TO ANY SEAPORT.
(a) In General.--Section 1036 of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``or'' at the
end;
(B) by redesignating paragraph (3) as paragraph
(4); and
(C) by inserting after paragraph (2) the following:
``(3) any secure or restricted area (as that term is
defined under section 2285(c)) of any seaport; or'';
(2) in subsection (b)(1), by striking ``5'' and inserting
``10'';
(3) in subsection (c)(1), by inserting ``, captain of the
seaport,'' after ``airport authority''; and
(4) in the section heading, by inserting ``or seaport''
after ``airport''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 47 of title 18 is amended by striking the matter relating to
section 1036 and inserting the following:
``1036. Entry by false pretenses to any real property, vessel, or
aircraft of the United States or secure
area of any airport or seaport.''.
(c) Definition of Seaport.--Chapter 1 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 25. Definition of seaport
``As used in this title, the term `seaport' means all piers,
wharves, docks, and similar structures to which a vessel may be
secured, areas of land, water, or land and water under and in immediate
proximity to such structures, and buildings on or contiguous to such
structures, and the equipment and materials on such structures or in
such buildings.''.
(d) Technical and Conforming Amendment.--The table of sections for
chapter 1 of title 18 is amended by inserting after the matter relating
to section 24 the following:
``25. Definition of seaport.''.
SEC. 3. CRIMINAL SANCTIONS FOR FAILURE TO HEAVE TO, OBSTRUCTION OF
BOARDING, OR PROVIDING FALSE INFORMATION.
(a) Offense.--Chapter 109 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2237. Criminal sanctions for failure to heave to, obstruction of
boarding, or providing false information
``(a)(1) It shall be unlawful for the master, operator, or person
in charge of a vessel of the United States, or a vessel subject to the
jurisdiction of the United States, to knowingly fail to obey an order
by an authorized Federal law enforcement officer to heave to that
vessel.
``(2) It shall be unlawful for any person on board a vessel of the
United States, or a vessel subject to the jurisdiction of the United
States, to--
``(A) forcibly resist, oppose, prevent, impede, intimidate,
or interfere with a boarding or other law enforcement action
authorized by any Federal law, or to resist a lawful arrest; or
``(B) provide information to a Federal law enforcement
officer during a boarding of a vessel regarding the vessel's
destination, origin, ownership, registration, nationality,
cargo, or crew, which that person knows is false.
``(b) This section does not limit the authority of a customs
officer under section 581 of the Tariff Act of 1930 (19 U.S.C. 1581),
or any other provision of law enforced or administered by the Secretary
of the Treasury or the Undersecretary for Border and Transportation
Security of the Department of Homeland Security, or the authority of
any Federal law enforcement officer under any law of the United States,
to order a vessel to stop or heave to.
``(c) A foreign nation may consent or waive objection to the
enforcement of United States law by the United States under this
section by radio, telephone, or similar oral or electronic means.
Consent or waiver may be proven by certification of the Secretary of
State or the designee of the Secretary of State.
``(d) In this section--
``(1) the term `Federal law enforcement officer' has the
meaning given the term in section 115(c);
``(2) the term `heave to' means to cause a vessel to slow,
come to a stop, or adjust its course or speed to account for
the weather conditions and sea state to facilitate a law
enforcement boarding;
``(3) the term `vessel subject to the jurisdiction of the
United States' has the meaning given the term in section 2(c)
of the Maritime Drug Law Enforcement Act (46 App. U.S.C.
1903(b)); and
``(4) the term `vessel of the United States' has the
meaning given the term in section 2(c) of the Maritime Drug Law
Enforcement Act (46 App. U.S.C. 1903(b)).
``(e) Any person who intentionally violates the provisions of this
section shall be fined under this title, imprisoned for not more than 5
years, or both.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 109, title 18, United States Code, is amended by inserting
after the item for section 2236 the following:
``2237. Criminal sanctions for failure to heave to, obstruction of
boarding, or providing false
information.''.
SEC. 4. USE OF A DANGEROUS WEAPON OR EXPLOSIVE ON A PASSENGER VESSEL.
Section 1993 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, passenger
vessel,'' after ``transportation vehicle'';
(B) in paragraph (2)--
(i) by inserting ``, passenger vessel,''
after ``transportation vehicle''; and
(ii) by inserting ``or owner of the
passenger vessel'' after ``transportation
provider'' each place that term appears;
(C) in paragraph (3)--
(i) by inserting ``, passenger vessel,''
after ``transportation vehicle'' each place
that term appears; and
(ii) by inserting ``or owner of the
passenger vessel'' after ``transportation
provider'' each place that term appears;
(D) in paragraph (5)--
(i) by inserting ``, passenger vessel,''
after ``transportation vehicle''; and
(ii) by inserting ``or owner of the
passenger vessel'' after ``transportation
provider''; and
(E) in paragraph (6), by inserting ``or owner of a
passenger vessel'' after ``transportation provider''
each place that term appears;
(2) in subsection (b)(1), by inserting ``, passenger
vessel,'' after ``transportation vehicle''; and
(3) in subsection (c)--
(A) by redesignating paragraph (6) through (8) as
paragraphs (7) through (9); and
(B) by inserting after paragraph (5) the following:
``(6) the term `passenger vessel' has the meaning given
that term in section 2101(22) of title 46, United States Code,
and includes a small passenger vessel, as that term is defined
under section 2101(35) of that title.''.
SEC. 5. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST MARITIME NAVIGATION,
PLACEMENT OF DESTRUCTIVE DEVICES, AND MALICIOUS DUMPING.
(a) Violence Against Maritime Navigation.--Section 2280(a) of title
18, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (H), by striking ``(G)'' and
inserting ``(H)'';
(B) by redesignating subparagraphs (F), (G), and
(H) as subparagraphs (G), (H), and (I), respectively;
and
(C) by inserting after subparagraph (E) the
following:
``(F) destroys, seriously damages, alters, moves,
or tampers with any aid to maritime navigation
maintained by the Saint Lawrence Seaway Development
Corporation under the authority of section 4 of the Act
of May 13, 1954 (33 U.S.C. 984), by the Coast Guard
pursuant to section 81 of title 14, United States Code,
or lawfully maintained under authority granted by the
Coast Guard pursuant to section 83 of title 14, United
States Code, if such act endangers or is likely to
endanger the safe navigation of a ship;''; and
(2) in paragraph (2) by striking ``(C) or (E)'' and
inserting ``(C), (E), or (F)''.
(b) Placement of Destructive Devices.--
(1) In general.--Chapter 111 of title 18, United States
Code, is amended by adding after section 2280 the following:
``Sec. 2280A. Devices or substances in waters of the United States
likely to destroy or damage ships or to interfere with
maritime commerce
``(a) A person who knowingly places, or causes to be placed, in
navigable waters of the United States, by any means, a device or
substance which is likely to destroy or cause damage to a vessel or its
cargo, or cause interference with the safe navigation of vessels, or
interference with maritime commerce, such as by damaging or destroying
marine terminals, facilities, and any other marine structure or entity
used in maritime commerce, with the intent of causing such destruction
or damage, or interference with the safe navigation of vessels or with
maritime commerce, shall be fined under this title, imprisoned for any
term of years or for life, or both; and if the death of any person
results from conduct prohibited under this subsection, may be punished
by death.
``(b) Nothing in this section shall be construed to apply to
otherwise lawfully authorized and conducted activities of the United
States Government.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 111 of title 18, United States Code, is
amended by adding after the item related to section 2280 the
following:
``2280A. Devices or substances in waters of the United States likely to
destroy or damage ships or to interfere
with maritime commerce.''.
(c) Malicious Dumping.--
(1) In general.--Chapter 111 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 2282. Knowing discharge or release
``(a) Endangerment of Human Life.--Any person who knowingly
discharges or releases oil, a hazardous material, a noxious liquid
substance, or any other dangerous substance into the navigable waters
of the United States or the adjoining shoreline with the intent to
endanger human life, health, or welfare shall be fined under this title
and imprisoned for any term of years or for life.
``(b) Endangerment of Marine Environment.--Any person who knowingly
discharges or releases oil, a hazardous material, a noxious liquid
substance, or any other dangerous substance into the navigable waters
of the United States or the adjacent shoreline with the intent to
endanger the marine environment shall be fined under this title,
imprisoned not more than 30 years, or both.
``(c) Definitions.--In this section:
``(1) Discharge.--The term `discharge' means any spilling,
leaking, pumping, pouring, emitting, emptying, or dumping.
``(2) Hazardous material.--The term `hazardous material'
has the meaning given the term in section 2101(14) of title 46,
United States Code.
``(3) Marine environment.--The term `marine environment'
has the meaning given the term in section 2101(15) of title 46,
United States Code.
``(4) Navigable waters.--The term `navigable waters' has
the meaning given the term in section 1362(7) of title 33, and
also includes the territorial sea of the United States as
described in Presidential Proclamation 5928 of December 27,
1988.
``(5) Noxious liquid substance.--The term `noxious liquid
substance' has the meaning given the term in the MARPOL
Protocol defined in section 2(1) of the Act to Prevent
Pollution from Ships (33 U.S.C. 1901(a)(3)).
(2) Technical and conforming amendment.--The table of
sections for chapter 111 of title 18, United States Code, is
amended by adding at the end the following:
``2282. Knowing discharge or release.''.
SEC. 6. TRANSPORTATION OF DANGEROUS MATERIALS AND TERRORISTS.
(a) Transportation of Dangerous Materials and Terrorists.--Chapter
111 of title 18, as amended by section 5 of this Act, is amended by
adding at the end the following:
``Sec. 2283. Transportation of explosive, biological, chemical, or
radioactive or nuclear materials
``(a) In General.--Any person who knowingly and willfully
transports aboard any vessel within the United States, on the high
seas, or having United States nationality, an explosive or incendiary
device, biological agent, chemical weapon, or radioactive or nuclear
material, knowing that any such item is intended to be used to commit
an offense listed under section 2332b(g)(5)(B), shall be fined under
this title, imprisoned for any term of years or for life, or both; and
if the death of any person results from conduct prohibited by this
subsection, may be punished by death.
``(b) Definitions.--In this section:
``(1) Biological agent.--The term `biological agent' means
any biological agent, toxin, or vector (as those terms are
defined in section 178).
``(2) By-product material.--The term `by-product material'
has the meaning given that term in section 11(e) of the Atomic
Energy Act of 1954 (42 U.S.C. 2014(e)).
``(3) Chemical weapon.--The term `chemical weapon' has the
meaning given that term in section 229F.
``(4) Explosive or incendiary device.--The term `explosive
or incendiary device' has the meaning given the term in section
232(5).
``(5) Nuclear material.--The term `nuclear material' has
the meaning given that term in section 831(f)(1).
``(6) Radioactive material.--The term `radioactive
material' means--
``(A) source material and special nuclear material,
but does not include natural or depleted uranium;
``(B) nuclear by-product material;
``(C) material made radioactive by bombardment in
an accelerator; or
``(D) all refined isotopes of radium.
``(7) Source material.--The term `source material' has the
meaning given that term in section 11(z) of the Atomic Energy
Act of 1954 (42 U.S.C. 2014(z)).
``(8) Special nuclear material.--The term `special nuclear
material' has the meaning given that term in section 11(aa) of
the Atomic Energy Act of 1954 (42 U.S.C. 2014(aa)).
``Sec. 2284. Transportation of terrorists
``(a) In General.--Any person who knowingly and willfully
transports any terrorist aboard any vessel within the United States, on
the high seas, or having United States nationality, knowing that the
transported person is a terrorist, shall be fined under this title,
imprisoned for any term of years or for life, or both.
``(b) Defined Term.--In this section, the term `terrorist' means
any person who intends to commit, or is avoiding apprehension after
having committed, an offense listed under section 2332b(g)(5)(B).''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 111 of title 18, United States Code, as amended by this Act, is
amended by adding at the end the following:
``2283. Transportation of explosive, chemical, biological, or
radioactive or nuclear materials.
``2284. Transportation of terrorists.''.
SEC. 7. DESTRUCTION OR INTERFERENCE WITH VESSELS OR MARITIME
FACILITIES.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 111 the following:
``CHAPTER 111A--DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR
MARITIME FACILITIES
``Sec.
``2290. Jurisdiction and scope.
``2291. Destruction of vessel or maritime facility.
``2292. Imparting or conveying false information.
``2293. Bar to prosecution.
``Sec. 2290. Jurisdiction and scope
``(a) Jurisdiction.--There is jurisdiction over an offense under
this chapter if the prohibited activity takes place--
``(1) within the United States or within waters subject to
the jurisdiction of the United States; or
``(2) outside United States and--
``(A) an offender or a victim is a national of the
United States (as that term is defined under section
101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22));
``(B) the activity involves a vessel in which a
national of the United States was on board; or
``(C) the activity involves a vessel of the United
States (as that term is defined under section 2(c) of
the Maritime Drug Law Enforcement Act (42 App. U.S.C.
1903(c)).
``(b) Scope.--Nothing in this chapter shall apply to otherwise
lawful activities carried out by or at the direction of the United
States Government.
``Sec. 2291. Destruction of vessel or maritime facility
``(a) Offense.--Whoever willfully--
``(1) sets fire to, damages, destroys, disables, or wrecks
any vessel;
``(2) places or causes to be placed a destructive device,
as defined in section 921(a)(4), or destructive substance, as
defined in section 13, in, upon, or in proximity to, or
otherwise makes or causes to be made unworkable or unusable or
hazardous to work or use, any vessel, or any part or other
materials used or intended to be used in connection with the
operation of a vessel;
``(3) sets fire to, damages, destroys, or disables or
places a destructive device or substance in, upon, or in
proximity to, any maritime facility, including but not limited
to, any aid to navigation, lock, canal, or vessel traffic
service facility or equipment, or interferes by force or
violence with the operation of such facility, if such action is
likely to endanger the safety of any vessel in navigation;
``(4) sets fire to, damages, destroys, or disables or
places a destructive device or substance in, upon, or in
proximity to, any appliance, structure, property, machine, or
apparatus, or any facility or other material used, or intended
to be used, in connection with the operation, maintenance,
loading, unloading, or storage of any vessel or any passenger
or cargo carried or intended to be carried on any vessel;
``(5) performs an act of violence against or incapacitates
any individual on any vessel, if such act of violence or
incapacitation is likely to endanger the safety of the vessel
or those on board;
``(6) performs an act of violence against a person that
causes or is likely to cause serious bodily injury, as defined
in section 1365, in, upon, or in proximity to, any appliance,
structure, property, machine, or apparatus, or any facility or
other material used, or intended to be used, in connection with
the operation, maintenance, loading, unloading, or storage of
any vessel or any passenger or cargo carried or intended to be
carried on any vessel;
``(7) communicates information, knowing the information to
be false and under circumstances in which such information may
reasonably be believed, thereby endangering the safety of any
vessel in navigation; or
``(8) attempts or conspires to do anything prohibited under
paragraphs (1) through (7):
shall be fined under this title or imprisoned not more than 20 years,
or both.
``(b) Limitation.--Subsection (a) shall not apply to any person
that is engaging in otherwise lawful activity, such as normal repair
and salvage activities, and the lawful transportation of hazardous
materials.
``(c) Penalty.--Whoever is fined or imprisoned under subsection (a)
as a result of an act involving a vessel that, at the time of the
violation, carried high-level radioactive waste (as that term is
defined in section 2(12) of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10101(12)) or spent nuclear fuel (as that term is defined in
section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10101(23)), shall be fined under title 18, imprisoned for a term up to
life, or both.
``(d) Penalty When Death Results.--Whoever is convicted of any
crime prohibited by subsection (a), which has resulted in the death of
any person, shall be subject also to the death penalty or to
imprisonment for life.
``(e) Threats.--Whoever willfully imparts or conveys any threat to
do an act which would violate this chapter, with an apparent
determination and will to carry the threat into execution, shall be
fined under this title, imprisoned not more than 5 years, or both, and
is liable for all costs incurred as a result of such threat.
``Sec. 2292. Imparting or conveying false information
``(a) In General.--Whoever imparts or conveys or causes to be
imparted or conveyed false information, knowing the information to be
false, concerning an attempt or alleged attempt being made or to be
made, to do any act which would be a crime prohibited by this chapter
or by chapter 111 of this title, shall be subject to a civil penalty of
not more than $5,000, which shall be recoverable in a civil action
brought in the name of the United States.
``(b) Malicious Conduct.--Whoever willfully and maliciously, or
with reckless disregard for the safety of human life, imparts or
conveys or causes to be imparted or conveyed false information, knowing
the information to be false, concerning an attempt or alleged attempt
to do any act which would be a crime prohibited by this chapter or by
chapter 111 of this title, shall be fined under this title, imprisoned
not more than 5 years, or both.
``(c) Jurisdiction.--
``(1) In general.--Except as provided under paragraph (2),
section 2290(a) shall not apply to any offense under this
section.
``(2) Jurisdiction.--Jurisdiction over an offense under
this section shall be determined in accordance with the
provisions applicable to the crime prohibited by this chapter,
or by chapter 2, 97, or 111 of this title, to which the
imparted or conveyed false information relates, as applicable.
``Sec. 2293. Bar to prosecution
``(a) In General.--It is a bar to prosecution under this chapter
if--
``(1) the conduct in question occurred within the United
States in relation to a labor dispute, and such conduct is
prohibited as a felony under the law of the State in which it
was committed; or
``(2) such conduct is prohibited as a misdemeanor under the
law of the State in which it was committed.
``(b) Definitions.--In this section:
``(1) Labor dispute.--The term `labor dispute' has the same
meaning given that term in section 113(c) of the Norris-
LaGuardia Act (29 U.S.C. 113(c)).
``(2) State.--The term `State' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.''.
(b) Technical and Conforming Amendment.--The table of chapters at
the beginning of title 18, United States Code, is amended by inserting
after the item for chapter 111 the following:
``111A. Destruction of, or interference with, vessels or 2290''.
maritime facilities.
SEC. 8. THEFT OF INTERSTATE OR FOREIGN SHIPMENTS OR VESSELS.
(a) Theft of Interstate or Foreign Shipments.--Section 659 of title
18, United States Code, is amended--
(1) in the first undesignated paragraph--
(A) by inserting ``trailer,'' after
``motortruck,'';
(B) by inserting ``air cargo container,'' after
``aircraft,''; and
(C) by inserting ``, or from any intermodal
container, trailer, container freight station,
warehouse, or freight consolidation facility,'' after
``air navigation facility'';
(2) in the fifth undesignated paragraph, by striking ``one
year'' and inserting ``3 years''; and
(3) by inserting after the first sentence in the eighth
undesignated paragraph the following: ``For purposes of this
section, goods and chattel shall be construed to be moving as
an interstate or foreign shipment at all points between the
point of origin and the final destination (as evidenced by the
waybill or other shipping document of the shipment), regardless
of any temporary stop while awaiting transhipment or
otherwise.''.
(b) Stolen Vessels.--
(1) In general.--Section 2311 of title 18, United States
Code, is amended by adding at the end the following:
```Vessel' means any watercraft or other contrivance used or
designed for transportation or navigation on, under, or immediately
above, water.''.
(2) Transportation and sale of stolen vessels.--Sections
2312 and 2313 of title 18, United States Code, are each amended
by striking ``motor vehicle or aircraft'' and inserting ``motor
vehicle, vessel, or aircraft''.
(c) Review of Sentencing Guidelines.--Pursuant to section 994 of
title 28, United States Code, the United States Sentencing Commission
shall review the Federal Sentencing Guidelines to determine whether
sentencing enhancement is appropriate for any offense under section 659
or 2311 of title 18, United States Code, as amended by this Act.
(d) Annual Report of Law Enforcement Activities.--The Attorney
General shall annually submit to Congress a report, which shall include
an evaluation of law enforcement activities relating to the
investigation and prosecution of offenses under section 659 of title
18, United States Code, as amended by this Act.
(e) Reporting of Cargo Theft.--The Attorney General shall take the
steps necessary to ensure that reports of cargo theft collected by
Federal, State, and local officials are reflected as a separate
category in the Uniform Crime Reporting System, or any successor
system, by no later than December 31, 2005.
SEC. 9. INCREASED PENALTIES FOR NONCOMPLIANCE WITH MANIFEST
REQUIREMENTS.
(a) Reporting, Entry, Clearance Requirements.--Section 436(b) of
the Tariff Act of 1930 (19 U.S.C. 1436(b)) is amended by--
(1) striking ``or aircraft pilot'' and inserting ``,
aircraft pilot, operator, owner of such vessel, vehicle or
aircraft or any other responsible party (including non-vessel
operating common carriers)'';
(2) striking ``$5,000'' and inserting ``$10,000''; and
(3) striking ``$10,000'' and inserting ``$25,000''.
(b) Criminal Penalty.--Section 436(c) of the Tariff Act of 1930 (19
U.S.C. 1436(c)) is amended by striking ``$2,000'' and inserting
``$10,000''.
(c) Falsity or Lack of Manifest.--Section 584(a)(1) of the Tariff
Act of 1930 (19 U.S.C. 1584(a)(1)) is amended by striking ``$1,000'' in
each place it occurs and inserting ``$10,000''.
SEC. 10. STOWAWAYS ON VESSELS OR AIRCRAFT.
Section 2199 of title 18, United States Code, is amended by
striking ``Shall be fined under this title or imprisoned not more than
one year, or both.'' and inserting the following:
``(1) shall be fined under this title, imprisoned not more
than 5 years, or both;
``(2) if the person commits an act proscribed by this
section, with the intent to commit serious bodily injury, and
serious bodily injury occurs (as defined under section 1365,
including any conduct that, if the conduct occurred in the
special maritime and territorial jurisdiction of the United
States, would violate section 2241 or 2242) to any person other
than a participant as a result of a violation of this section,
shall be fined under this title, imprisoned not more than 20
years, or both; and
``(3) if an individual commits an act proscribed by this
section, with the intent to cause death, and if the death of
any person other than a participant occurs as a result of a
violation of this section, shall be fined under this title,
imprisoned for any number of years or for life, or both.''.
SEC. 11. BRIBERY AFFECTING PORT SECURITY.
(a) In General.--Chapter 11 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 226. Bribery affecting port security
``(a) In General.--Whoever knowingly--
``(1) directly or indirectly, corruptly gives, offers, or
promises anything of value to any public or private person,
with intent--
``(A) to commit international or domestic terrorism
(as that term is defined under section 2331);
``(B) to influence any action or any person to
commit or aid in committing, or collude in, or allow,
any fraud, or make opportunity for the commission of
any fraud affecting any secure or restricted area or
seaport; or
``(C) to induce any official or person to do or
omit to do any act in violation of the fiduciary duty
of such official or person which affects any secure or
restricted area or seaport; or
``(2) directly or indirectly, corruptly demands, seeks,
receives, accepts, or agrees to receive or accept anything of
value personally or for any other person or entity in return
for--
``(A) being influenced in the performance of any
official act affecting any secure or restricted area or
seaport; and
``(B) knowing that such influence will be used to
commit, or plan to commit, international or domestic
terrorism
shall be fined under this title, imprisoned not more than 15 years, or
both.
``(b) Definition.--In this section, the term `secure or restricted
area' has the meaning given that term in section 2285(c).''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 11 of title 18, United States Code, is amended by adding at the
end the following:
``226. Bribery affecting port security.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S1419)
Read twice and referred to the Committee on the Judiciary.
Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on the Judiciary. Reported by Senator Specter with an amendment in the nature of a substitute. Without written report.
Committee on the Judiciary. Reported by Senator Specter with an amendment in the nature of a substitute. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 86.
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