Post by mitcharmour on Dec 23, 2005 19:16:51 GMT -5
Representative Mitch Armour ,for himself, and others
proposes the following act for improvement of this nations security via Ports and tighter regulations on offshore containers
A BILL .....
TITLE I--DETERRING AND PUNISHING TERRORISM AND CRIME AT UNITED STATES PORTS
Title of Bill: Anti-Terrorism and Port Security Act
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
`© 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
`© 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 ©, (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.
`© 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:
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
`© 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- Any person who violates subsection (a) shall be fined in accordance with this title or imprisoned not more than 20 years, or both.
`© 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.
Enactment: This bill will go into law upon passage of both chambers of Congress.
proposes the following act for improvement of this nations security via Ports and tighter regulations on offshore containers
A BILL .....
TITLE I--DETERRING AND PUNISHING TERRORISM AND CRIME AT UNITED STATES PORTS
Title of Bill: Anti-Terrorism and Port Security Act
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
`© 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
`© 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 ©, (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.
`© 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:
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
`© 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- Any person who violates subsection (a) shall be fined in accordance with this title or imprisoned not more than 20 years, or both.
`© 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.
Enactment: This bill will go into law upon passage of both chambers of Congress.