Drug Trafficking Interdiction Assistance Act of 2008 - Amends the federal criminal code to impose a fine and/or prison term of up to 15 years for the intentional operation of, or for embarking in, any submersible or semi-submersible vessel that is without nationality (as defined by federal law) 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.
Directs the United States Sentencing Commission to amend or promulgate sentencing guidelines to provide adequate penalties for such offense.
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[S. 3351 Introduced in Senate (IS)]
110th CONGRESS
2d Session
S. 3351
To enhance drug trafficking interdiction by creating a Federal felony
for operating or embarking in a submersible or semi-submersible vessel
without nationality and on an international voyage.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 28, 2008
Mr. Biden (for himself, Mr. Grassley, and Mrs. Feinstein) introduced
the following bill; which was read twice and referred to the Committee
on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To enhance drug trafficking interdiction by creating a Federal felony
for 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 Interdiction
Assistance Act of 2008''.
SEC. 2. FINDINGS.
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 is amended by adding at
the end the following new section:
``SEC. 2285. OPERATION OF SUBMERSIBLE OR SEMI-SUBMERSIBLE VESSEL
WITHOUT NATIONALITY.
``(a) Offenses.--
``(1) In general.--Whoever knowingly or intentionally
operates 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 punished as prescribed in subsection (h).
``(2) Attempts and conspiracies.--Whoever attempts or
conspires to violate this section shall be punished as
prescribed in subsection (h).
``(b) Definitions.--In this section:
``(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 watercraft that is capable of operating completely
below the surface of the water, including both manned and
unmanned watercraft.
``(3) Vessel without nationality.--The term `vessel without
nationality' has the same meaning as section 70502(d) of title
46, United States Code.
``(4) Evade detection.--The term `evade detection' includes
the indicia in section 70507 (b)(1)(A), (E), (F), (G), (b)(4),
(b)(5), and (b)(6) of title 46, United States Code.
``(c) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction over the offenses described in this section,
including an attempt or conspiracy to commit such 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 Defense.--
``(1) In general.--It is an affirmative defense to a
prosecution under this section, which the defendant shall prove
by a preponderance of the evidence, that any submersible or
semi-submersible vessel that the defendant operated by any
means or embarked, 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 a 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 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, United States Code, apply to this section.
``(h) Penalties.--A person violating this section shall be fined
under this title, imprisoned not more than 15 years, or both.''.
(b) Conforming Amendment.--The table of sections for chapter 111 of
title 18, United States Code, is amended by adding at the end the
following:
``Sec. 2285. Operation of submersible or semi-submersible vessel
without nationality.''.
SEC. 4. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.
(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 or intentionally operating by any
means or embarking in any submersible or semi-submersible vessel as
defined in section 3.
(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 offenses described
in section 3 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 3 to facilitate other
felonies;
(B) the repeated use of submersible or semi-
submersible vessel described in section 3 to facilitate
other felonies, including whether such use is part of
an ongoing commercial organization or enterprise;
(C) whether the use of submersible or semi-
submersible vessel involves a pattern of continued and
flagrant violations;
(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) currently 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.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S7576)
Read twice and referred to the Committee on Commerce, Science, and Transportation.
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