[Congressional Record (Bound Edition), Volume 154 (2008), Part 12]
[House]
[Pages 16858-16860]
[From the U.S. Government Publishing Office, www.gpo.gov]




            DRUG TRAFFICKING VESSEL INTERDICTION ACT OF 2008

  Mr. COHEN. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 6295) to amend title 18, United States Code, to prohibit 
operation by any means or embarking in any submersible 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, and for other 
purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6295

       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''.

     SEC. 2. FINDINGS AND DECLARATIONS.

        Congress finds and declares that operating or embarking in 
     a submersible 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. 3. OPERATION OF SUBMERSIBLE 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:

     ``SEC. 2285. OPERATION OF SUBMERSIBLE 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 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) Definitions.--In this section--
       ``(1) the term `submersible vessel' means a watercraft that 
     is capable of operating completely below the surface of the 
     water, and includes manned and unmanned watercraft;
       ``(2) 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, and includes manned or unmanned watercraft;
       ``(3) the term `vessel without nationality' has the same 
     meaning given that term in section 70502(d) of title 46;
       ``(4) the term `evade detection' includes the indicia set 
     forth in section 70507(b)(1)(A), (E), (F), (G), (b)(4), (5), 
     and (6) of title 46; and
       ``(5) the term `vessel of the United States' has the same 
     meaning given that term in section 70502(b) of title 46.
       ``(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 this section, which the 
     defendant has the burden to prove by a preponderance of the 
     evidence, that any submersible or semi-submersible vessel 
     that the defendant operated by any means or embarked in at 
     the time of the offense--
       ``(A) was 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) was classed by and designed in accordance with the 
     rules of a classification society;
       ``(C) was lawfully operated in government-regulated or 
     licensed activity, including commerce, research, or 
     exploration; or
       ``(D) was equipped with and using an operable automatic 
     identification system, vessel monitoring system, or a 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 research or exploration.
       ``(f) Federal Activities.--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 this section.''
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 111 of title 18, United States Code, is 
     amended by adding at the end the following new item:

``2285. Operation of submersible or semi-submersible vessel without 
              nationality.''.

     SEC. 4. 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 or semi-submersible vessel as 
     defined in 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 or semi-submersible vessels 
     described in section 2285 of title 18, United States Code, to 
     facilitate other felonies;
       (B) the repeated use of a submersible 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 commercial 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 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

[[Page 16859]]

       (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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Tennessee (Mr. Cohen) and the gentleman from California (Mr. Daniel E. 
Lungren) each will control 20 minutes.
  The Chair recognizes the gentleman from Tennessee.


                             General Leave

  Mr. COHEN. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and submit extraneous material on the subject matter of the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Tennessee?
  There was no objection.
  Mr. COHEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 6225, as amended, a 
bill authorized by my colleague Mr. Dan Lungren of California to 
address the growing problem of self-propelled semi-submersible or fully 
submersible vessels used for criminal purposes. Not the Hunley, in 
fact.
  According to the United States Coast Guard, international drug 
traffickers are using these vessels to transport illegal drugs to the 
United States. They are typically large enough to carry 24 metric tons 
of contraband, can travel up to 3,500 miles, and are designed so that 
the crew members can readily sink them within scant minutes of being 
spotted, thereby making it virtually impossible for authorities to 
intercept illegal shipments and bring the smugglers to justice.
  These vessels sail under no country's flag. They are not registered. 
They are usually camouflaged and constructed to avoid radar detection, 
with all but a few inches hidden below the water line.
  The Coast Guard estimates that these vessels now account for 32 
percent of all maritime cocaine flow to the U.S. from pan-American 
sources. And they could just as easily carry even more dangerous cargo, 
posing a serious national security threat.
  In recognition of this threat, this bill makes it a felony to operate 
such a vehicle on the high seas or across our border without national 
registration and with intent to avoid detection, punishable by up to 15 
years in prison.
  The version of the bill we are considering reflects a number of 
improvements developed by Congressman Daniel E. Lungren, Senator Biden, 
and Senator Lautenberg in consultation with the Coast Guard and the 
Department of Justice. I would like to commend them all for their 
leadership on this important legislation.
  I urge my colleagues to support it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I yield myself such 
time as I may consume.
  Mr. Speaker, H.R. 6295 is a bill on which Congressman Poe of Texas 
and I have worked to address a serious problem relating to the use of 
submersible and semi-submersible vessels to transport drugs and 
potentially other contraband which pose a threat to our communities and 
our national security. The language in the amendment before us reflects 
an agreement reached with Chairman Conyers and the majority on the 
Judiciary Committee, and we thank him and them for their willingness to 
work with us to address this very serious challenge.
  Submersibles and semi-submersibles are watercraft of unorthodox 
construction capable of putting much of their bulk underneath the 
surface of the water. This makes them very difficult to detect. These 
submersible and semi-submersible vessels are typically less than 100 
feet in length and usually carry between 5 and 6 tons of illicit cargo, 
everything from drugs, guns, people, and potentially weapons of mass 
destruction. The range of these vessels is sufficient to reach the 
southeastern United States from the north coast of South America 
without refueling. According to recent press reports, in order to cover 
even longer distances, some of these vessels have been caught while 
being towed by larger ships with the idea that they would be released 
for the final approach to the shores of California or off the northeast 
coast of the United States.
  Now, we're talking about stateless vessels that are built in the 
jungles of South America. They have no legitimate use. They are built 
for stealth and are designed to be rapidly scuttled. Their crews often 
will abandon and sink the vessels and contraband when detected by U.S. 
law enforcement in order to avoid prosecution. According to the Coast 
Guard, when you scuttle a vessel and all of the evidence ends up at the 
bottom of the ocean, it makes prosecution difficult, if not, in most 
cases, impossible. As a July 9 article in Politico reported:
  ``On June 16 U.S. forces encountered one of newfangled drug boats 
northwest of the Colombian-Ecuador border. But before the Americans 
could get to it, the four Colombians aboard scuttled it, along with the 
estimated 5 to 10 tons of cocaine they were carrying . . . So what 
started as a major drug bust ended up as a rescue mission. And with no 
evidence the government could not prosecute the four drenched 
sailors.''
  This adds a new dimension to the notion of ``submarine warfare,'' and 
it's critical that our prosecutors be equipped with the tools necessary 
to adapt to this new challenge facing Federal law enforcement 
authorities.
  Although these new vessels are being used to evade detection and 
prosecution for drug trafficking, my own interest actually in this 
issue is even broader. The potential that someone might seek to 
transport a weapon of mass destruction into the United States is 
further reason for concern and why we need an aggressive response to 
alter the calculus of deterrence with respect to the use of these 
vehicles.
  In testimony before our Crime Subcommittee of the Judiciary 
Committee, the U.S. Coast Guard testified that these semi-submersible 
vessels present ``one of the emerging and most significant threats we 
face in maritime law enforcement today.''
  In making the case for legislation, the Coast Guard testified that: 
``If operation and embarkation in an SPSS were illegal, U.S. 
interdiction forces and U.S. Attorneys would have the necessary legal 
tools to combat the threat even in the absence of recovered drugs or 
other contraband. So criminalizing the operation of these vessels on 
international voyages would improve officer safety, deter the use of 
these inherently dangerous vessels, and facilitate effective 
prosecution of criminals involved in this treacherous and emerging 
trend.''
  The Coast Guard has asked us for help on what they deem to be one of 
the most significant emerging threats to their mission. Language 
similar to that before us passed this body by a vote of 408-1 as an 
amendment to the Coast Guard authorization offered by Mr. Poe and me. 
The recent seizure of a semi-submersible by the Mexican navy a little 
over a week ago is additional evidence that this pressing challenge to 
our drug enforcement authorities is no less compelling than it was when 
this body overwhelmingly supported this request by the Coast Guard 
before. So I ask once again for the unanimous support of this House.
  Mr. Speaker, with that I reserve the balance of my time.
  Mr. COHEN. Mr. Speaker, I reserve the balance of my time.
  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I yield 5 minutes 
to the gentleman from Texas (Mr. Poe).
  Mr. POE. Mr. Speaker, I want to thank the gentleman from California 
for yielding and for cosponsoring and offering this legislation to 
capture the individuals who sail these vessels.
  Mr. Speaker, here's a photograph that was taken of one of these 
submersible vessels that we have been talking about this evening. As 
you can

[[Page 16860]]

see, it's blue like the water, but it also, as the gentleman from 
California pointed out, has stealth capability. And these vessels are 
able to go from the coast of Columbia all the way to the United States 
without refueling. They are made by the drug cartels in the jungles of 
Columbia. They're floated down river, and they set sail for the United 
States.
  The United States Coast Guard has brought this to the attention of 
Congress. What happens is they come upon one of these vessels that are 
stateless, they have no flag, and as soon as they come upon one of 
these vessels carrying 9, 10, 11 tons of cocaine, the crew scuttles the 
vessel. It sinks to the bottom of the ocean, and then the Coast Guard 
or the United States Navy has to rescue the crew and take care of them 
and send them back home even though they're criminals smuggling drugs 
into the United States.
  So to prevent that from happening anymore, these stateless vessels 
will be a crime to be in possession of one of these on the high seas. 
Thus when our Navy or the Mexican navy, as Mr. Lungren pointed out, 
last week came across one of these vessels, it would be a crime to be 
in the possession of one of these vessels, and the crew members can be 
prosecuted for being on board one of these vessels.
  The Coast Guard has reported that at any one time, there are over 100 
of these vessels on the high seas all headed to the United States, all 
bringing cargo, drugs or even people. And, Mr. Speaker, this is a 
photograph of it. And this other chart shows where the United States 
Coast Guard came across one of these vessels. The crew tried to scuttle 
it, but it didn't sink fast enough. So the Coast Guard got on board, 
recovered some of the drugs, captured the outlaws, and they're being 
prosecuted in Florida as we speak.
  So this bill, which I hope all Members of Congress support, will help 
us fight the sea trafficking of these drug cartels who are relentless 
in bringing that cancer into the United States.
  And, lastly, as pointed out previously, these things are so shallow, 
even though they are 100 feet long, they are so shallow they can go up 
our rivers and tributaries into the inner-most parts of the United 
States, and some of them might not even be discovered, and they could 
bring in weapons of mass destruction, and all types of weapons into the 
United States.
  So it's time to make it a crime to set sail in one of these vessels, 
these submarines on the high seas, and prosecute these criminals who 
bring drugs into our country.
  Mr. COHEN. Mr. Speaker, I reserve the balance of my time.
  Mr. DANIEL E. LUNGREN of California. In closing, Mr. Speaker, let me 
just say that some people look at this and I have had people say to me, 
well, my goodness, if you have something like that, why don't we just 
sink them? Why don't we just shoot them down. If this were wartime, we 
would do that sort of thing. This is not wartime in the judicial sense 
of the word. So what we need to do is how we can successfully prosecute 
them to get around their evasive tactics of scuttling their ships, 
sinking their ships, throwing their cargo overboard. That's why we need 
this legislation, to allow us to have a legal premise for prosecuting 
them for actually being on the high seas.
  Secondly, and I don't think this is an idle threat that we ought to 
consider, one of the most serious concerns I have being a member of the 
Homeland Security Committee is the possibility of a nuclear weapon or 
dirty bomb somehow being discharged somewhere in the United States. We 
think the possibilities of that are rather low, but the fact of the 
matter is there are possibilities. And these kinds of delivery systems 
could be modified for that purpose.
  So rather than our waiting until we have an even greater problem than 
we have now, we think this legislation deserves the support of the 
Members of this committee. There is companion legislation in the other 
body. We believe that they are very likely to affirmatively respond to 
this bill. And so if we could get it over there to the Senate as 
quickly as possible, it enhances the opportunity for this actually 
becoming law, helping the Coast Guard, helping this Nation, and 
preventing further tragedy in the future.
  Mr. Speaker, I yield back the balance of my time.

                              {time}  1645

  Mr. COHEN. I want to thank Mr. Lungren for bringing this issue to the 
surface.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Tennessee (Mr. Cohen) that the House suspend the rules 
and pass the bill, H.R. 6295, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  The title was amended so as to read: ``A bill to enhance drug 
trafficking interdiction by creating a Federal felony relating to 
operating or embarking in a submersible or semi-submersible vessel 
without nationality and on an international voyage.''.
  A motion to reconsider was laid on the table.

                          ____________________