[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1440 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1440

    To amend title 46, United States Code, to improve maritime law 
                              enforcement.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 11, 2009

    Mr. LoBiondo (for himself, Mr. Young of Alaska, and Mr. Olson) 
 introduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure, and in addition to the Committee on 
   the Judiciary, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To amend title 46, United States Code, to improve maritime law 
                              enforcement.

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

SECTION 1. SHORT TITLE.

    This title may be cited as the ``Maritime Law Enforcement 
Improvement Act of 2009''.

SEC. 2. MARITIME LAW ENFORCEMENT.

    (a) In General.--Subtitle VII of title 46, United States Code, is 
amended by adding at the end the following:

                ``CHAPTER 707--MARITIME LAW ENFORCEMENT

``Sec.
``70701. Offense.
``70702. Attempt or conspiracy.
``70703. Affirmative defenses.
``70704. Penalties.
``70705. Criminal forfeiture.
``70706. Civil forfeiture.
``70707. Extension beyond territorial jurisdiction.
``70708. Claim of failure to comply with international law; 
                            jurisdiction of court.
``70709. Federal activities.
``70710. Definitions.
``Sec. 70701. Offense
    ``It shall be unlawful for any person on board a covered vessel to 
transport or facilitate the transportation, harboring, or concealment 
of an alien on board such vessel knowing or having reason to believe 
that the alien is attempting to unlawfully enter the United States.
``Sec. 70702. Attempt or conspiracy
    ``Any person on board a covered vessel who attempts or conspires to 
commit a violation of section 70701 shall be subject to the same 
penalties as those prescribed for the violation, the commission of 
which was the object of the attempt or conspiracy.
``Sec. 70703. Affirmative defenses
    ``It is an affirmative defense to a prosecution under this section, 
which the defendant must prove by a preponderance of the evidence, 
that--
            ``(1)(A) the alien was on board pursuant to a rescue at 
        sea, or was a stowaway; or
            ``(B) the entry into the United States was a necessary 
        response to an imminent threat of death or serious bodily 
        injury to the alien;
            ``(2) the defendant, as soon as reasonably practicable, 
        informed the Coast Guard of the presence of the alien on the 
        vessel and the circumstances of the rescue; and
            ``(3) the defendant complied with all orders given by law 
        enforcement officials of the United States.
``Sec. 70704. Penalties
    ``Any person who commits a violation of this chapter shall be 
imprisoned for not more than 20 years or fined not more than $250,000, 
or both; except that--
            ``(1) in the case of an offense that involves the transit 
        of the person's spouse, child, sibling, parent, grandparent, 
        niece, or nephew, the person shall be imprisoned for not more 
        than 1 year or fined not more than $100,000, or both;
            ``(2) in any case in which the violation causes serious 
        bodily injury to any person, regardless of where the injury 
        occurs, the person shall be imprisoned for not more than 30 
        years or fined not more than $500,000, or both; and
            ``(3) in any case in which the violation causes or results 
        in the death of any person regardless of where the death 
        occurs, the person shall be imprisoned for not more than life 
        or fined not more than $1,000,000, or both.
``Sec. 70705. Criminal forfeiture
    ``The court, at the time of sentencing a person convicted of an 
offense under this chapter, shall order forfeited to the United States 
any vessel used in the offense in the same manner and to the same 
extent as if it were a vessel used in an offense under section 274 of 
the Immigration and Nationality Act (8 U.S.C. 1324).
``Sec. 70706. Civil forfeiture
    ``A vessel that has been used in the commission of a violation of 
this chapter shall be seized and subject to forfeiture in the same 
manner and to the same extent as if it were used in the commission of a 
violation of section 274(a) of the Immigration and Nationality Act (8 
U.S.C. 1324(a)).
``Sec. 70707. Extension beyond territorial jurisdiction
    ``Sections 70701 and 70702 apply even though the act is committed 
outside the territorial jurisdiction of the United States.
``Sec. 70708. Claim of failure to comply with international law; 
              jurisdiction of court
    ``A claim of failure to comply with international law in the 
enforcement of this chapter may be invoked as a basis for a defense 
solely by a foreign nation. A failure to comply with international law 
shall not divest a court of jurisdiction or otherwise constitute a 
defense to any proceeding under this chapter.
``Sec. 70709. Federal activities
    ``Nothing in this chapter applies to otherwise lawful activities 
carried out by or at the direction of the United States Government.
``Sec. 70710. Definitions
    ``In this chapter, the following definitions apply:
            ``(1) Alien.--The term `alien' has the meaning given that 
        term in section 70105(f).
            ``(2) Covered vessel.--The term `covered vessel' means a 
        vessel of the United States, or a vessel subject to the 
        jurisdiction of the United States, that is less than 300 gross 
        tons (or an alternate tonnage prescribed by the Secretary under 
        section 14104 of this title) as measured under section 14502 of 
        this title.
            ``(3) Serious bodily injury.--The term `serious bodily 
        injury' has the meaning given that term in section 1365 of 
        title 18, United States Code.
            ``(4) United states.--The term `United States' has the 
        meaning given that term is section 114.
            ``(5) Vessel of the united states.--The term `vessel of the 
        United States' has the meaning given that term in section 
        70502.
            ``(6) Vessel subject to the jurisdiction of the united 
        states.--The term `vessel subject to the jurisdiction of the 
        United States' has the meaning given that term in section 
        70502.''.
    (b) Clerical Amendment.--The analysis for such subtitle is amended 
by inserting after the item relating to chapter 705 the following:

``707. Maritime Law Enforcement.............................  70701.''.
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