[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3598 Enrolled Bill (ENR)]
S.3598
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
An Act
To amend titles 46 and 18, United States Code, with respect to the
operation of submersible vessels and semi-submersible vessels without
nationality.
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''.
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.
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:
``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.
``(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.
``(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 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--
``(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;
``(B) classed by and designed in accordance with the rules
of a classification society;
``(C) lawfully operated in government-regulated or licensed
activity, including commerce, research, or exploration; or
``(D) 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 commerce, research, or
exploration.
``(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.
``(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.
``(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.''.
(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:
``2285. Operation of submersible vessel or semi-submersible vessel
without nationality''.
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.
(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 vessel or semi-submersible
vessel described in section 2285 of title 18, United States
Code, to facilitate other felonies;
(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;
(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 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; 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.
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--
(1) by inserting ``(1)'' after ``that''; and
(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.''.
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:
``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.
``(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.
``(c) Defenses.--
``(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--
``(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;
``(B) classed by and designed in accordance with the rules
of a classification society;
``(C) lawfully operated in government-regulated or licensed
activity, including commerce, research, or exploration; or
``(D) equipped with and using an operable automatic
identification system, vessel monitoring system, or long range
identification and tracking system.
``(2) Production of documents.--The 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.
``(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.''
(b) Conforming Amendments.--
(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:
``70508. Operation of submersible vessel or semi-submersible vessel
without nationality''.
(2) Section 70504(b) of title 46, United States Code, is
amended by inserting ``or 70508'' after ``70503''.
(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,''.
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:
``(f) Semi-submersible Vessel; Submersible Vessel.--In this
chapter:
``(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 vessel that is capable of operating completely below the surface
of the water, including both manned and unmanned watercraft.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.