[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6295 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6295

  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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 18, 2008

     Mr. Daniel E. Lungren of California (for himself and Mr. Poe) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
  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.

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

SECTION 1. OPERATION OF SUBMERSIBLE 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:
``Sec. 2285. Operation of submersible or semi-submersible vessel 
              without nationality
    ``(a) 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.
    ``(b) Offenses.--
            ``(1) In general.--Whoever knowingly or intentionally 
        operates 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, shall be punished as prescribed in subsection 
        (h).
            ``(2) Attempts and conspiracies.--Whoever attempts or 
        conspires to violate this section shall be punished as 
        prescribed in subsection (h).
    ``(c) Definitions.--In this section, the term--
            ``(1) `submersible vessel' means a vessel that is capable 
        of operating below the surface of the water, and includes 
        manned and unmanned watercraft.
            ``(2) `semi-submersible vessel' means any watercraft 
        constructed or adapted to be capable of putting much of its 
        bulk under the surface of the water.
            ``(3) `vessel without nationality' has the same meaning as 
        section 70502(d) of title 46.
    ``(d) Extraterritorial Jurisdiction.--There is extraterritorial 
Federal jurisdiction over the offenses described in this section, 
including an attempt or conspiracy to commit such offense.
    ``(e) Claim of Nationality or Registry.--
            ``(1) A claim of nationality or registry under this section 
        includes only--
                    ``(A) 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;
                    ``(B) flying its nation's ensign or flag; or
                    ``(C) a verbal claim of nationality or registry by 
                the master or individual in charge of the vessel.
            ``(2) The failure of any submersible or semi-submersible 
        vessel to display registry numbers or a national ensign or flag 
        shall create a rebuttable presumption that the vessel is 
        without nationality, as defined in this section.
    ``(f) Federal Activities.--Nothing in this section applies to 
lawfully authorized activities carried out by or at the direction of 
the United States Government.
    ``(g) Applicability of Other Provisions.--Sections 70504 and 70505 
of title 46 apply to this section.
    ``(h) Penalties.--
            ``(1) Violations.--A person violating this section shall be 
        fined under this title, imprisoned not more than 20 years, or 
        both.
            ``(2) Consecutive sentence.--Notwithstanding any other 
        provision of law, a term of imprisonment imposed under this 
        section shall be consecutive to the sentence of imprisonment 
        for any other offense.''.
    (b) Conforming Amendment.--The table of sections for chapter 111 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``2285. Operation of submersible or semi-submersible vessel without 
                            nationality.''.
                                 <all>