Begun and held at the City of Washington on Transportation and Infrastructure, 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

To amend titles 46 and 18, United States Code, with respect to the operation of submersible vessels and semi-submersible vessels without nationality.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Drug Trafficking Vessel Interdiction Act of 2008’.CommentsClose CommentsPermalink

TITLE I--CRIMINAL PROHIBITION

SEC. 101. FINDINGS AND DECLARATIONS.

Congress finds and declares that operating or embarking in a submersible vessel 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. 102. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL WITHOUT NATIONALITY.

(a) In General- Chapter 111 of title 18, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘2285. OPERATION OF SUBMERSIBLE VESSEL 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 vessel 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





‘(b) EVIDENCE OF INTENT TO EVADE DETECTION- For purposes of subsection (a), the presence of any of the indicia described in paragraph (1)(A), (E), (F), or (G), or in paragraph (4), (5), or (6), of section 70507(b) of title 46 may be considered, in the totality of the circumstances, to be prima facie evidence of intent to evade detection.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





‘(d) Claim of Nationality or Registry- A claim of nationality or registry under this section includes only--CommentsClose CommentsPermalink





‘(1) possession on board the vessel and production of documents evidencing the vessel’s nationality as provided in article 5 of the 1958 Convention on the High Seas;CommentsClose CommentsPermalink





‘(2) flying its nation’s ensign or flag; orCommentsClose CommentsPermalink





‘(3) a verbal claim of nationality or registry by the master or individual in charge of the vessel.CommentsClose CommentsPermalink





‘(e) Affirmative Defenses-CommentsClose CommentsPermalink





‘(1) IN GENERAL- It is an affirmative defense to a prosecution for a violation of subsection (a), which the defendant has the burden to prove by a preponderance of the evidence, that the submersible vessel or semi-submersible vessel involved was, at the time of the offense--CommentsClose CommentsPermalink





‘(A) 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) classed by and designed in accordance with the rules of a classification society;CommentsClose CommentsPermalink





‘(C) lawfully operated in government-regulated or licensed activity, including commerce, research, or exploration; orCommentsClose CommentsPermalink





‘(D) equipped with and using an operable automatic identification system, vessel monitoring system, or long range identification and tracking system.CommentsClose CommentsPermalink





‘(2) PRODUCTION OF DOCUMENTS- The affirmative defenses provided by this subsection are proved conclusively by the production of--CommentsClose CommentsPermalink





‘(A) government documents evidencing the vessel’s nationality at the time of the offense, as provided in article 5 of the 1958 Convention on the High Seas;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





‘(C) government documents evidencing licensure, regulation, or registration for commerce, research, or exploration.CommentsClose CommentsPermalink





‘(f) Federal Activities Excepted- Nothing in this section applies to lawfully authorized activities carried out by or at the direction of the United States Government.CommentsClose CommentsPermalink





‘(g) Applicability of Other Provisions- Sections 70504 and 70505 of title 46 apply to offenses under this section in the same manner as they apply to offenses under section 70503 of such title.CommentsClose CommentsPermalink





‘(h) Definitions- In this section, the terms ‘submersible vessel’, ‘semi-submersible vessel’, ‘vessel of the United States’, and ‘vessel without nationality’ have the meaning given those terms in section 70502 of title 46.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The chapter analysis for chapter 111 of title 18, United States Code, is amended by inserting after the item relating to section 2284 the following:CommentsClose CommentsPermalink





‘2285. Operation of submersible vessel or semi-submersible vessel without nationality’.CommentsClose CommentsPermalink

SEC. 103. SENTENCING GUIDELINES.

(a) In General- Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall promulgate sentencing guidelines (including policy statements) or amend existing sentencing guidelines (including policy statements) to provide adequate penalties for persons convicted of knowingly operating by any means or embarking in any submersible vessel or semi-submersible vessel in violation of section 2285 of title 18, United States Code.CommentsClose CommentsPermalink





(b) Requirements- In carrying out this section, the United States Sentencing Commission shall--CommentsClose CommentsPermalink





(1) ensure that the sentencing guidelines and policy statements reflect the serious nature of the offense described in section 2285 of title 18, United States Code, and the need for deterrence to prevent such offenses;CommentsClose CommentsPermalink





(2) account for any aggravating or mitigating circumstances that might justify exceptions, including--CommentsClose CommentsPermalink





(A) the use of a submersible vessel or semi-submersible vessel described in section 2285 of title 18, United States Code, to facilitate other felonies;CommentsClose CommentsPermalink





(B) the repeated use of a submersible vessel or semi-submersible vessel described in section 2285 of title 18, United States Code, to facilitate other felonies, including whether such use is part of an ongoing criminal organization or enterprise;CommentsClose CommentsPermalink





(C) whether the use of such a vessel involves a pattern of continued and flagrant violations of section 2285 of title 18, United States Code;CommentsClose CommentsPermalink





(D) whether the persons operating or embarking in a submersible vessel 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





(E) circumstances for which the sentencing guidelines (and policy statements) provide sentencing enhancements;CommentsClose CommentsPermalink





(3) ensure reasonable consistency with other relevant directives, other sentencing guidelines and policy statements, and statutory provisions;CommentsClose CommentsPermalink





(4) make any necessary and conforming changes to the sentencing guidelines and policy statements; andCommentsClose CommentsPermalink





(5) ensure that the sentencing guidelines and policy statements adequately meet the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code.CommentsClose CommentsPermalink

TITLE II--CIVIL PROHIBITION

SEC. 201. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL WITHOUT NATIONALITY.

(a) FINDING AND DECLARATION- Section 70501 of title 46, United States Code, is amended--CommentsClose CommentsPermalink





(1) by inserting ‘(1)’ after ‘that’; andCommentsClose CommentsPermalink





(2) by striking ‘States.’ and inserting ‘States and (2) operating or embarking in a submersible vessel 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. 202. OPERATION PROHIBITED.

(a) IN GENERAL- Chapter 705 of title 46, United States Code, is amended by adding at the end thereof the following:CommentsClose CommentsPermalink

‘70508. Operation of submersible vessel or semi-submersible vessel without nationality

‘(a) IN GENERAL- An individual may not operate by any means or embark in any submersible vessel 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.CommentsClose CommentsPermalink





‘(b) EVIDENCE OF INTENT TO EVADE DETECTION- In any civil enforcement proceeding for a violation of subsection (a), the presence of any of the indicia described in paragraph (1)(A), (E), (F), or (G), or in paragraph (4), (5), or (6), of section 70507(b) may be considered, in the totality of the circumstances, to be prima facie evidence of intent to evade detection.CommentsClose CommentsPermalink





‘(c) DEFENSES-CommentsClose CommentsPermalink





‘(1) IN GENERAL- It is a defense in any civil enforcement proceeding for a violation of subsection (a) that the submersible vessel or semi-submersible vessel involved was, at the time of the violation--CommentsClose CommentsPermalink





‘(A) 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) classed by and designed in accordance with the rules of a classification society;CommentsClose CommentsPermalink





‘(C) lawfully operated in government-regulated or licensed activity, including commerce, research, or exploration; orCommentsClose CommentsPermalink





‘(D) equipped with and using an operable automatic identification system, vessel monitoring system, or long range identification and tracking system.CommentsClose CommentsPermalink





‘(2) PRODUCTION OF DOCUMENTS- The defenses provided by this subsection are proved conclusively by the production of--CommentsClose CommentsPermalink





‘(A) government documents evidencing the vessel’s nationality at the time of the offense, as provided in article 5 of the 1958 Convention on the High Seas;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





‘(C) government documents evidencing licensure, regulation, or registration for research or exploration.CommentsClose CommentsPermalink





‘(d) CIVIL PENALTY- A person violating this section shall be liable to the United States for a civil penalty of not more than $1,000,000.’CommentsClose CommentsPermalink





(b) Conforming Amendments-CommentsClose CommentsPermalink





(1) The chapter analysis for chapter 705 of title 46, United States Code, is amended by inserting after the item relating to section 70507 the following:CommentsClose CommentsPermalink





‘70508. Operation of submersible vessel or semi-submersible vessel without nationality’.CommentsClose CommentsPermalink





(2) Section 70504(b) of title 46, United States Code, is amended by inserting ‘or 70508’ after ‘70503’.CommentsClose CommentsPermalink





(3) Section 70505 of title 46, United States Code, is amended by striking ‘this title’ and inserting ‘this title, or against whom a civil enforcement proceeding is brought under section 70508,’.CommentsClose CommentsPermalink

SEC. 203. SUBMERSIBLE VESSEL AND SEMI-SUBMERSIBLE VESSEL DEFINED.

Section 70502 of title 46, United States Code, is amended by adding at the end thereof the following:CommentsClose CommentsPermalink





‘(f) SEMI-SUBMERSIBLE VESSEL; SUBMERSIBLE VESSEL- In this chapter:CommentsClose CommentsPermalink





‘(1) SEMI-SUBMERSIBLE VESSEL- 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, including both manned and unmanned watercraft.CommentsClose CommentsPermalink





‘(2) SUBMERSIBLE VESSEL- The term ‘submersible vessel’ means a vessel that is capable of operating completely below the surface of the water, including both manned and unmanned watercraft.’.CommentsClose CommentsPermalink

Passed the Senate September 25, (legislative day, September 17), 2008.Attest:NANCY ERICKSON,Secretary Speaker of the House of Representatives. CommentsClose CommentsPermalink

President of the Senate.CommentsClose CommentsPermalink