[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 6295 Referred in Senate (RFS)]
2d Session
H. R. 6295
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 30, 2008
Received
August 1, 2008
Read twice and referred to the Committee on Commerce, Science, and
Transportation
_______________________________________________________________________
AN ACT
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.
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
(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.
Passed the House of Representatives July 29, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.