[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.