[United States Statutes at Large, Volume 122, 110th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

122 STAT. 4296

Public Law 110-407
110th Congress

An Act


 
To amend titles 46 and 18, United States Code, with respect to the
operation of submersible vessels and semi-submersible vessels without
nationality. [NOTE: Oct. 13, 2008 -  [S. 3598]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, [NOTE: Drug Trafficking
Vessel Interdiction Act of 2008.

SECTION 1. [NOTE: 18 USC 1 note.   SHORT TITLE.

This Act may be cited as the ``Drug Trafficking Vessel Interdiction
Act of 2008''.

TITLE I--CRIMINAL PROHIBITION

SEC. 101. [NOTE: 18 USC 2285 note.   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.

[[Page 4297]]
122 STAT. 4297

``(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.''.

[[Page 4298]]
122 STAT. 4298

(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. [NOTE: 28 USC 994 note.   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 4299]]
122 STAT. 4299

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;

[[Page 4300]]
122 STAT. 4300

``(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.''.

Approved October 13, 2008.

LEGISLATIVE HISTORY--S. 3598 (H.R. 6295):
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CONGRESSIONAL RECORD, Vol. 154 (2008):
Sept. 25, considered and passed Senate.
Sept. 27, 29, considered and passed House.