110 HR 7099 IH: Drug Trafficking Vessel Interdiction Act of
U.S. House of Representatives
2008-09-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
Drug Trafficking Vessel Interdiction Act of
2008
.
I
101.Findings and
declarationsCongress 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.
102.Operation of
submersible vessel or semi-submersible vessel without nationality
(a)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)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 DetectionFor 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
JurisdictionThere 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 RegistryA 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)
(1)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)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 ExceptedNothing in this section applies to lawfully
authorized activities carried out by or at the direction of the United States
Government.
(g)Applicability of
Other ProvisionsSections 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)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)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.
.
103.
(a)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)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.
II
201.Operation of
submersible vessel or semi-submersible vessel without nationality
(a)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.
.
202.
(a)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)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 DetectionIn 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)
(1)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)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)A person violating this section shall be liable to the
United States for a civil penalty of not more than
$1,000,000.
(b)
(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,
.
203.Submersible
vessel and semi-submersible vessel definedSection 70502 of title 46, United States
Code, is amended by adding at the end thereof the following:
(f)Semi-submersible
vessel; Submersible VesselIn this chapter:
(1)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)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.
.