[Congressional Record Volume 154, Number 126 (Monday, July 28, 2008)]
[Senate]
[Page S7576]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BIDEN (for himself, Mr. Grassley, and Mrs, Feinstein):
  S. 3351. 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; 
to the Committee on Commerce, Science, and Transportation.
  Mr. BIDEN. Mr. President, I rise today to introduce the Drug 
Trafficking Interdiction Assistance Act of 2008. The operation of 
unregistered, un-flagged, semi- and fully-submersible vessels to 
traffic narcotics and other contraband through international waters 
poses a serious threat to the safety of our communities and the 
security of our Nation.
  Self-propelled semi-submersible water-craft, or SPSSs, can operate 
with a significant portion of their hull below the surface of the 
water, making detection very difficult. Recently we've seen an increase 
in the production and use of SPSSs originating in Colombia and 
embarking north in the Pacific Ocean with up to 12 tons of cocaine 
packed on board. SPSSs are typically less than 100 feet long, carry 4-5 
crew, travel at speeds of up to 8 knots, and have a maximum range of 
3,500 miles.
  These submarines are often equipped with valves that allow the 
operators to quickly flood and sink the SPSS in the event of 
interception by law enforcement, sending the vessel and any drugs or 
other contraband on board to an unrecoverable depth. As the last part 
of the scuttling process, the operators eject from the SPSS, and law 
enforcement has no choice but to rescue them from the ocean in 
accordance with our obligations under international law. They avoid 
prosecution because no drugs are recovered. For the operators of these 
SPSSs, they are able to avoid prosecution--for now.
  This bill turns the tables on the traffickers. It builds off of the 
good work by my colleagues Senators Lautenberg, Smith, Cantwell, and 
Snowe, who have a bill that criminalizes the operation of an 
unregistered, stateless semi-submersible or submersible vessel. The 
legislation that I have drafted would clarify that the defendant's 
intent in operating the SPSS was to evade detection, add a robust 
affirmative defense to protect legitimate researchers and explorers who 
may happen to use a semi-submersible vessel, include a tough criminal 
penalty provision to prosecute SPSS operators, and direct the United 
States Sentencing Commission to account for mitigating and aggravating 
factors in the Sentencing Guidelines.
  As Chair of the Caucus International Narcotics Control and Judiciary 
Subcommittee on Crime and Drugs, I have worked to not only curb drug 
demand and increase treatment options, but also to drug traffickers and 
disrupt supply. This bill is an important step in curbing this emerging 
threat and shutting down this new mode of trafficking.
  Between 2001 and 2007, there were 23 identified SPSS drug smuggling 
events. At the time, these vessels were largely seen by drug 
traffickers as risky and impractical. But after increasingly successful 
interdiction of go-fast boats and other means, drug traffickers began 
seeing SPSSs as a viable option. Between October 1, 2007 and February 
1, 2008, alone, there were a reported 27 SPSS events that successfully 
delivered an estimated 111 tons of cocaine. At between $500,000 and $2 
million per SPSS, they cost only a fraction of the profits these 
traffickers reap.
  These vessels have the capacity to deliver more than just illegal 
drugs--an SPSSs could easily accommodate other contraband, like 
terrorist operatives and weapons of mass destruction in its cargo-
holds. Their operation poses a significant danger to the United States 
and this legislation criminalizes their use while allowing for the 
continuation of legitimate research and exploring activities.
  I want to recognize my friend Senator Lautenberg for his leadership 
on this issue. I look forward to working with him to enact a tough and 
fair law that disrupts drug trafficking and other illegal smuggling 
activities. I also thank Senators Grassley and Feinstein for their 
support, and I urge our colleagues to join us in supporting this 
important legislation.
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