[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3351 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3351

 To enhance drug trafficking interdiction by creating a Federal felony 
for operating or embarking in a submersible or semi-submersible vessel 
          without nationality and on an international voyage.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 28, 2008

 Mr. Biden (for himself, Mr. Grassley, and Mrs. Feinstein) introduced 
the following bill; which was read twice and referred to the Committee 
                on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To enhance drug trafficking interdiction by creating a Federal felony 
for operating or embarking in a submersible or semi-submersible vessel 
          without nationality and on an international voyage.

    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 ``Drug Trafficking Interdiction 
Assistance Act of 2008''.

SEC. 2. FINDINGS.

    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.

SEC. 3. OPERATION OF SUBMERSIBLE OR SEMI-SUBMERSIBLE VESSEL WITHOUT 
              NATIONALITY.

    (a) In General.--Chapter 111 of title 18 is amended by adding at 
the end the following new section:

``SEC. 2285. OPERATION OF SUBMERSIBLE OR SEMI-SUBMERSIBLE VESSEL 
              WITHOUT NATIONALITY.

    ``(a) 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, with the intent to evade detection, 
        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).
    ``(b) Definitions.--In this section:
            ``(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.
            ``(2) Submersible vessel.--The term `submersible vessel' 
        means a watercraft that is capable of operating completely 
        below the surface of the water, including both manned and 
        unmanned watercraft.
            ``(3) Vessel without nationality.--The term `vessel without 
        nationality' has the same meaning as section 70502(d) of title 
        46, United States Code.
            ``(4) Evade detection.--The term `evade detection' includes 
        the indicia in section 70507 (b)(1)(A), (E), (F), (G), (b)(4), 
        (b)(5), and (b)(6) of title 46, United States Code.
    ``(c) Extraterritorial Jurisdiction.--There is extraterritorial 
Federal jurisdiction over the offenses described in this section, 
including an attempt or conspiracy to commit such offense.
    ``(d) Claim of Nationality or Registry.--A claim of nationality or 
registry under this section includes only--
            ``(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;
            ``(2) flying its nation's ensign or flag; or
            ``(3) a verbal claim of nationality or registry by the 
        master or individual in charge of the vessel.
    ``(e) Affirmative Defense.--
            ``(1) In general.--It is an affirmative defense to a 
        prosecution under this section, which the defendant shall prove 
        by a preponderance of the evidence, that any submersible or 
        semi-submersible vessel that the defendant operated by any 
        means or embarked, at the time of the offense--
                    ``(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;
                    ``(B) was classed by and designed in accordance 
                with the rules of a classification society;
                    ``(C) was lawfully operated in a government-
                regulated or -licensed activity, including commerce, 
                research, or exploration; or
                    ``(D) was equipped with and using an operable 
                automatic identification system vessel monitoring 
                system, or long range identification and tracking 
                system.
            ``(2) Production of documents.--The affirmative defenses 
        provided by this subsection are proved conclusively by the 
        production of--
                    ``(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;
                    ``(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; or
                    ``(C) government documents evidencing licensure, 
                regulation, or registration for research or 
                exploration.
    ``(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, United States Code, apply to this section.
    ``(h) Penalties.--A person violating this section shall be fined 
under this title, imprisoned not more than 15 years, or both.''.
    (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:

``Sec. 2285. Operation of submersible or semi-submersible vessel 
                            without nationality.''.

SEC. 4. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.

    (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 or intentionally operating by any 
means or embarking in any submersible or semi-submersible vessel as 
defined in section 3.
    (b) Requirements.--In carrying out this section, the United States 
Sentencing Commission shall--
            (1) ensure that the sentencing guidelines and policy 
        statements reflect the serious nature of the offenses described 
        in section 3 and the need for deterrence to prevent such 
        offenses;
            (2) account for any aggravating or mitigating circumstances 
        that might justify exceptions, including--
                    (A) the use of a submersible or semi-submersible 
                vessels described in section 3 to facilitate other 
                felonies;
                    (B) the repeated use of submersible or semi-
                submersible vessel described in section 3 to facilitate 
                other felonies, including whether such use is part of 
                an ongoing commercial organization or enterprise;
                    (C) whether the use of submersible or semi-
                submersible vessel involves a pattern of continued and 
                flagrant violations;
                    (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; and
                    (E) circumstances for which the sentencing 
                guidelines (and policy statements) currently provide 
                sentencing enhancements;
            (3) ensure reasonable consistency with other relevant 
        directives, other sentencing guidelines and policy statements, 
        and statutory provisions;
            (4) make any necessary and conforming changes to the 
        sentencing guidelines and policy statements; and
            (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.
                                 <all>