[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3526 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 116
110th CONGRESS
  2d Session
                                S. 3526

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 18 (legislative day, September 17), 2008

 Mr. Reid (for Mr. Biden (for himself, Mr. Grassley, Mr. Graham, Mrs. 
    Feinstein, Mr. Lugar, Mr. Martinez, and Mr. Nelson of Florida)) 
      introduced the following bill; which was read the first time

                           November 18, 2008

Read the second time and placed on the calendar under authority of the 
  order of the Senate of November 17 (legislative day, September 17), 
                                  2008

_______________________________________________________________________

                                 A BILL


 
 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.

    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 Vessel Interdiction 
Act of 2008''.

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.

SEC. 3. 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) 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.
    ``(b) Definitions.--In this section--
            ``(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;
            ``(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;
            ``(3) the term `vessel without nationality' has the same 
        meaning given that term in section 70502(d) of title 46;
            ``(4) the term `evade detection' includes the indicia set 
        forth in section 70507(b)(1)(A), (E), (F), (G), (b)(4), (5), 
        and (6) of title 46; and
            ``(5) the term `vessel of the United States' has the same 
        meaning given that term in section 70502(b) of title 46.
    ``(c) Extraterritorial Jurisdiction.--There is extraterritorial 
Federal jurisdiction over an offense under this section, including an 
attempt or conspiracy to commit such an 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 Defenses.--
            ``(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--
                    ``(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 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 a 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 apply to this section.''
    (b) Clerical Amendment.--The table of sections at the beginning of 
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.''.

SEC. 4. 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 or semi-submersible vessel as defined in section 
2285 of title 18, United States Code.
    (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 offense described 
        in section 2285 of title 18, United States Code, 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 2285 of title 18, United 
                States Code, to facilitate other felonies;
                    (B) the repeated use of a submersible 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 
                commercial organization or enterprise;
                    (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;
                    (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) 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.
                                                       Calendar No. 116

110th CONGRESS

  2d Session

                                S. 3526

_______________________________________________________________________

                                 A BILL

 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.

_______________________________________________________________________

                           November 18, 2008

            Read the second time and placed on the calendar