[Congressional Record Volume 154, Number 155 (Saturday, September 27, 2008)]
[House]
[Pages H10251-H10254]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            DRUG TRAFFICKING VESSEL INTERDICTION ACT OF 2008

  Mr. CONYERS. Mr. Speaker, I move to suspend the rules and pass the 
Senate 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.
  The Clerk read the title of the Senate bill.
  The text of the Senate bill is as follows:

                                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 trans-national 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.

[[Page H10252]]

                      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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Michigan (Mr. Conyers) and the gentleman from Texas (Mr. Smith) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Michigan.


                             General Leave

  Mr. CONYERS. I ask unanimous consent that all Members have 5 
legislative days to revise and extend their remarks and include 
extraneous material.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  Mr. CONYERS. Mr. Speaker, the House has passed previously virtually 
identical legislation, and accordingly I will place my statement in the 
Record at this time.
  Mr. Speaker, this bill addresses the growing national security threat 
of illicit self-propelled submersible vessels. It makes operation of 
one of these vessels with intent to avoid detection a felony, as well 
as subject to civil fines.
  In July, the House passed the part of this bill creating the felony. 
This Senate version adds the civil penalty, to provide even greater 
deterrence.
  Smugglers are operating these vessels with increasing frequency, 
knowing that there is no effective deterrent. They are designed so that 
the crew members can readily sink them within scant minutes of being 
spotted, thereby making efforts by authorities to intercept them 
exceedingly difficult and highly risky.
  And smugglers using these vessels are becoming increasingly violent. 
Two weeks ago, a cocaine smuggler attempted to kill Coast Guard 
officers who had boarded his vessel in the dark in the Pacific ocean.
  This extreme risk to our brave Coast Guard officers would not have 
been necessary if operating that vessel in this evasive manner were 
itself a crime.
  I commend the sponsor of the House bill, Dan Lungren of California, 
for his leadership on this initiative.
  I urge my colleagues to support it.
  I reserve the balance of my time.
  Mr. SMITH of Texas. Mr. Speaker, I yield 5 minutes to my colleague on 
the Judiciary Committee, a senior member of the Judiciary Committee, a 
senior member of the Homeland Security Committee as well, the gentleman 
from California (Mr. Lungren).
  Mr. DANIEL E. LUNGREN of California. I thank the gentleman for 
yielding.
  Mr. Speaker, this is a bill which Congressman Poe and I have worked 
on to address a serious problem relating to the use of submersible and 
semi-submersible vessels to transport drugs, people and potentially 
weapons of mass destruction which pose a threat to our communities and 
our cities. The drug dealers are always ingenious in their activities 
to try and inject into the veins of our children the terrible illicit 
drugs that are there. With respect to those who are in Central and 
South America, because of the various efforts made by good men and 
women working in law enforcement in this country, as well as those in 
our military organizations, they have been forced, that is, the drug 
dealers, have been forced to find new ways to try and bring this poison 
to our shores.
  That is what we're dealing with here today. The language in the bill 
before us reflects the hard work of Senator Lautenberg, and it is also 
similar to legislation which was introduced by Senator Biden. I would 
like to take this opportunity to commend Chairman Conyers who has 
played a critical role in the development of this legislation. And I 
add that without the hard work of his counsel and the hours put into 
this important bill by Carolyn Lynch on our staff, we would not be here 
today.
  Let me point out that it is probably not an exaggeration to suggest 
that this is noncontroversial legislation. I don't know why anybody, a 
single vote, would be against it. It has, in slightly different 
iterations, already passed this body on two prior occasions. It passed 
this body by a vote of 408-1 as an amendment to the Coast Guard 
authorization, and it passed on suspension this past July 29 by a voice 
vote.
  What are these things? Well you're going to hear it, and you're going 
to see some pictures presented to you by Congressman Ted Poe from 
Texas. Let me just try to describe what it is that we are talking 
about.
  Semi-submersibles add a new dimension to the notion of ``submarine 
warfare.''

                              {time}  1800

  These vessels are watercraft of unorthodox construction capable of 
putting much of their bulk under the surface of the water. Therefore, 
they are extremely difficult to spot when they are out there in the 
vastness of the ocean. They are built for stealth, designed to be 
rapidly scuttled, typically less than 100 feet in length, and usually 
carrying

[[Page H10253]]

5 to 6 tons of illicit cargo. They are stateless, that is, they carry 
the flag of no country, and they have no legitimate use.
  Although semi-submersibles are being used to evade detection and 
prosecution for drug traffic, my own interest in this issue is a much 
broader one. The potential that someone might seek to import a weapon 
of mass destruction into the United States is perhaps of the greatest 
concern for us and why we need an aggressive response to alter the 
calculus of deterrence with respect to the use of these vehicles.
  It is absolutely critical that our prosecutors be equipped with the 
tools necessary to adapt to this new challenge facing law enforcement 
authorities. As was the case in previous House versions of the bill 
approved by this body, the proposal before us provides for criminal 
fines and up to 15 years imprisonment. Furthermore, a new title of the 
bill added in the Senate provides prosecutors with the additional 
option of seeking civil penalties of up to $1 million for violations of 
the new law.
  Since we last visited this legislation on July 29, we have further 
evidence of why it is so necessary. In the last 2 weeks alone, the 
Coast Guard has seized two semi-submersible vehicles containing a total 
of 14 tons of cocaine. Ominously, they found the vessels seized on 
September 13th to be the most sophisticated of their type ever 
detected, with electronic propulsion and steering, and exhaust systems 
more advanced than earlier models. In terms of the larger picture, we 
have witnessed 62 such seizures this year.
  Why do we need this legislation? Why did the Coast Guard ask us for 
it? Simply put, it is this: These are made to be scuttled easily. In 
other words, when they are detected by the Coast Guard and the United 
States Navy, sometimes hundreds of miles offshore, when they are 
identified, when they are seen, they are scuttled, meaning that they 
intentionally attempt to sink their own vehicles. Why? Because then we 
can't have the evidence of the illicit cargo that they hold. And as 
they do that, the two, three, four or five people aboard, the personnel 
aboard these crafts jump into the water, and then we have to rescue 
them. So our law enforcement and our Navy then is in the position of 
rescuing the very people who are attempting to bring this poison into 
our country, and we obviously do that, but then we can't prosecute 
them.
  The SPEAKER pro tempore (Mr. Childers). The gentleman's time has 
expired.
  Mr. SMITH of Texas. Mr. Speaker, I yield the gentleman from 
California 1 additional minute.
  Mr. DANIEL E. LUNGREN of California. This law would simply make it 
illegal to operate one of these vessels if it is unflagged, because 
there is no other purpose for it than to try and put a dagger to the 
hearts of our young people in this country by bringing this illicit 
drug trade here.
  Additionally, those concerned about illegal aliens entering this 
country, this is also a means of doing that. But, most importantly and 
most directly, I would say, think of the consequences of someone 
introducing a weapon of mass destruction into this country. This is a 
readily available vehicle to do that.
  We need this legislation. I would hope that we would have a unanimous 
vote for it.
  I thank the gentleman from Texas for allowing me this time, and I 
hope everybody understands how important and how timely this is.
  Mr. SMITH of Texas. Mr. Speaker, I want to thank again the gentleman 
from California (Mr. Lungren), as well as my colleague from Texas (Mr. 
Poe), for championing this issue.
  I now yield 4 minutes to the gentleman from Texas (Mr. Poe).
  Mr. POE. Mr. Speaker, I want to thank the gentleman from Texas for 
yielding, the ranking member, and I also want to thank the chairman of 
this committee for bringing this legislation before the House, and, of 
course, my friend from California, the former Attorney General, Mr. 
Lungren, for his passion about this issue.
  As a former judge and prosecutor down in Texas, I don't like drug 
dealers, and we see the effect of them throughout the United States.
  This submersible vessel, this submarine we are talking about, Mr. 
Speaker, here is a photograph of it right here. It is 100 feet long. It 
is made out of fiberglass. It has stealth technology, so it is hard to 
be detected. It is built so it goes barely below the surface. It 
travels at a very low rate of speed so it cannot be detected by its 
wake. And they are made in the jungles of Colombia.
  What they do, they float these down the rivers in flood season to the 
Pacific Ocean, and then this vessel is on its way. Mr. Speaker, it can 
go all the way to the United States without refueling. It takes several 
tons of cocaine with it, coming to the United States, bringing that 
cancer for the profit of the Colombian drug dealers.
  What happens is our Navy and other navies, even the Mexican Navy, the 
Colombian Navy, they have seen these things on the high seas. They 
carry no flag. They claim no nation. What happens when they are 
encountered by the Navy or the Coast Guard, the five or six crew 
members, they jump out the hatch over here and scuttle the submarine so 
all the dope goes to the bottom of the ocean.
  There have been two circumstances when the drug dealers that were on 
these submarines weren't quick enough. The Navy, the Coast Guard, got 
there quick enough to take some of the cocaine off, and they are being 
prosecuted in Florida as we speak. But most of the time they scuttle 
it, we capture, but really end up rescuing the crew, and then rather 
than put them in jail, we have got to take them home where they came 
from and let them go, because it is no crime to possess one of these 
subs on the high seas.
  This legislation makes it a Federal offense to have one of these subs 
with no flag and sailing on the high seas. When the crew is captured, 
they could be prosecuted in our Federal courts and go to the 
penitentiary where they belong.
  The U.S. Coast Guard tells us that at any given time, there are 100 
of these things on the high seas, all coming to the United States 
bringing drugs.
  As my good friend Mr. Lungren from California has pointed out, that 
is not just the problem, because they are so shallow, because they are 
hard to detect, these things can bring in weapons of mass destruction, 
explosives, and work their way up the riverways of our Nation, going to 
our ports, like the Port of Houston and some of these other ports, and 
cause tremendous damage. We want to capture these people on the high 
seas before they get that opportunity.
  Some have said, why don't we just shoot them out of the water as soon 
as we see them? I guess we are too civilized for that. We want to 
prosecute them instead.
  This is important legislation. It will help our law enforcement guys, 
the Navy and U.S. Coast Guard, who are doing a tremendous job already 
in tracking these people, with cooperation from other navies throughout 
the world. It is time that we make this legislation law.
  Mr. SMITH of Texas. Mr. Speaker, I want to thank the gentleman from 
Texas again for his efforts on this legislation.
  Mr. Speaker, as we stand here today, dangerous drug traffickers are 
surreptitiously moving tons of cocaine across our oceans and into 
America. Cocaine traffickers operate with stealth and are virtually 
undetectable thanks to their use of self-propelled submersible and 
semi- submersible vessels or SPSS.
  These submarine-like vessels have unusual construction. They are 
typically less than 100 feet long with most of their bulk under water. 
They can carry up to five crew and as much as 12 metric tons of cocaine 
from the north coast of South America to the southeastern United States 
without refueling.
  The U.S. Coast Guard has successfully apprehended two SPSS vessels in 
just the last few weeks. One carried seven tons of cocaine with a 
street value of $187 million. The second vessel seized was carrying 295 
bales of cocaine.
  However, under current law, it is not illegal to operate one of these 
vessels. Therefore, in order to successfully prosecute these criminals, 
the Coast Guard must obtain evidence of drug trafficking or other 
illicit conduct--a dangerous proposition on the high seas.
  Coast Guard teams must physically board the SPSS, often in the dead 
of night, while it is travelling at up to ten knots. The teams must 
then risk their lives to apprehend the traffickers and seize the drugs 
aboard the SPSS.
  And the drug traffickers know the law. They know that the Coast Guard 
must obtain evidence of drugs so they will often scuttle the

[[Page H10254]]

vessel and jump overboard--turning a criminal apprehension into a 
rescue mission.
  This legislation removes this dangerous hurdle. By prohibiting the 
possession of SPSS vessels without nationality, we protect the safety 
of these Coast Guard teams while ensuring swift prosecution of the 
cocaine traffickers.
  I wish to commend my colleagues, Mr. Lungren and Mr. Poe, for 
championing this important issue.
  I urge my colleagues to support this bill.
  Mr. Speaker, I yield back the balance of my time.
  Mr. CONYERS. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Michigan (Mr. Conyers) that the House suspend the rules 
and pass the Senate bill, S. 3598.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. SMITH of Texas. Mr. Speaker, I object to the vote on the ground 
that a quorum is not present and make the point of order that a quorum 
is not present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

                          ____________________