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H.R.6295 - Drug Trafficking Vessel Interdiction Act of 2008
To amend title 18, United States Code, to prohibit operation by any means or embarking in any submersible or semi-submersible vessel that is without nationality and that is navigating or has navigated into, through or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country's territorial sea with an adjacent country, and for other purposes.
|Version||Word Count||Changes From Previous Version||Percent Change|
|Introduced in House||768||n/a||n/a|
|Engrossed in House||1,284||56||81%|
|Referred in Senate||1,270||5 Show Changes Hide Changes||7%|
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July 30, 2008CommentsClose CommentsPermalink
August 1, 2008CommentsClose CommentsPermalink
To enhance drug trafficking interdiction by creating a Federal felony relating to operating or embarking in a submersible or semi-submersible vessel without nationality and on an international voyage.CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
SEC. 2. FINDINGS AND DECLARATIONS.
Congress finds and declares that operating or embarking in a submersible or semi-submersible vessel without nationality and on an international voyage is a serious international problem, facilitates transnational crime, including drug trafficking, and terrorism, and presents a specific threat to the safety of maritime navigation and the security of the United States.CommentsClose CommentsPermalink
SEC. 3. OPERATION OF SUBMERSIBLE OR SEMI-SUBMERSIBLE VESSEL WITHOUT NATIONALITY.
‘SEC. 2285. OPERATION OF SUBMERSIBLE OR SEMI-SUBMERSIBLE VESSEL WITHOUT NATIONALITY.
‘(a) Offense- Whoever knowingly operates, or attempts or conspires to operate, by any means, or embarks in any submersible or semi-submersible vessel that is without nationality and that is navigating or has navigated into, through, or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country’s territorial sea with an adjacent country, with the intent to evade detection, shall be fined under this title, imprisoned not more than 15 years, or both.CommentsClose CommentsPermalink
‘(1) the term ‘submersible vessel’ means a watercraft that is capable of operating completely below the surface of the water, and includes manned and unmanned watercraft;CommentsClose CommentsPermalink
‘(2) the term ‘semi-submersible vessel’ means any watercraft constructed or adapted to be capable of operating with most of its hull and bulk under the surface of the water, and includes manned or unmanned watercraft;CommentsClose CommentsPermalink
‘(c) Extraterritorial Jurisdiction- There is extraterritorial Federal jurisdiction over an offense under this section, including an attempt or conspiracy to commit such an offense.CommentsClose CommentsPermalink
‘(1) IN GENERAL- It is an affirmative defense to a prosecution for a violation of this section, which the defendant has the burden to prove by a preponderance of the evidence, that any submersible or semi-submersible vessel that the defendant operated by any means or embarked in at the time of the offense--CommentsClose CommentsPermalink
‘(A) was a vessel of the United States or lawfully registered in a foreign nation as claimed by the master or individual in charge of the vessel when requested to make a claim by an officer of the United States authorized to enforce applicable provisions of United States law;CommentsClose CommentsPermalink
‘(B) a certificate of classification issued by the vessel’s classification society upon completion of relevant classification surveys and valid at the time of the offense; orCommentsClose CommentsPermalink
SEC. 4. SENTENCING GUIDELINES.
(a) In General- Pursuant to its authority under
(1) ensure that the sentencing guidelines and policy statements reflect the serious nature of the offense described in
(B) the repeated use of a submersible or semi-submersible vessel described in
(D) whether the persons operating or embarking in a submersible or semi-submersible vessel willfully caused, attempted to cause, or permitted the destruction or damage of such vessel or failed to heave to when directed by law enforcement officers; andCommentsClose CommentsPermalink
(5) ensure that the sentencing guidelines and policy statements adequately meet the purposes of sentencing set forth in