[Congressional Record Volume 154, Number 153 (Thursday, September 25, 2008)]
[Senate]
[Pages S9553-S9554]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            DRUG TRAFFICKING VESSEL INTERDICTION ACT OF 2008

  Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. 3598 introduced earlier 
today by Senator Inouye.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 3598) to amend titles 46 and 18, United States 
     Code, with respect to the operation of submersible vessels 
     and semi-submersible vessels without nationality.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the bill be 
read three times and passed; the motion to reconsider be laid upon the 
table with no intervening action or debate; and any statements related 
to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 3598) was ordered to be engrossed for a third reading, 
was ordered to a third reading, was read the third time, and passed.

                                S. 3598

       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;

[[Page S9554]]

       (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.''.

                          ____________________