I 

110TH CONGRESS 

1ST SESSION H. R. 1811 

To amend title 46, United States Code, to improve maritime law enforcement. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2007 

Mr. LATOURETTE (for himself, Mr. LOBIONDO, and Mr. POE) introduced the 

following bill; which was referred to the Committee on Transportation 

and Infrastructure, and in addition to the Committee on the Judiciary, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

A BILL 

To amend title 46, United States Code, to improve maritime 

law enforcement. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This title may be cited as the ‘‘Maritime Law En5 forcement Improvement Act of 2007’’. 

6 SEC. 2. MARITIME LAW ENFORCEMENT. 

7 (a) IN GENERAL.—Subtitle VII of title 46, United 

8 States Code, is amended by adding at the end the fol9 lowing: 


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1 ‘‘CHAPTER 707—MARITIME LAW 

2 ENFORCEMENT 

‘‘Sec. 

‘‘70701. Offense. 

‘‘70702. Attempt or conspiracy. 

‘‘70703. Affirmative defenses. 

‘‘70704. Penalties. 

‘‘70705. Criminal forfeiture. 

‘‘70706. Civil forfeiture. 

‘‘70707. Extension beyond territorial jurisdiction. 

‘‘70708. Claim of failure to comply with international law; jurisdiction of court. 

‘‘70709. Federal activities. 

‘‘70710. Definitions. 

3 ‘‘§ 70701. Offense 

4 ‘‘It shall be unlawful for any person on board a cov5 ered vessel to transport or facilitate the transportation, 

6 harboring, or concealment of an alien on board such vessel 

7 knowing or having reason to believe that the alien is at8 tempting to unlawfully enter the United States. 

9 ‘‘§ 70702. Attempt or conspiracy 

10 ‘‘Any person on board a covered vessel who attempts 

11 or conspires to commit a violation of section 70701 shall 

12 be subject to the same penalties as those prescribed for 

13 the violation, the commission of which was the object of 

14 the attempt or conspiracy. 

15 ‘‘§ 70703. Affirmative defenses 

16 ‘‘It is an affirmative defense to a prosecution under 

17 this section, which the defendant must prove by a prepon18 derance of the evidence, that— 

19 ‘‘(1)(A) the alien was on board pursuant to a 

20 rescue at sea, or was a stowaway; or 


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1 ‘‘(B) the entry into the United States was a 

2 necessary response to an imminent threat of death 

3 or serious bodily injury to the alien; 

4 ‘‘(2) the defendant, as soon as reasonably prac5 ticable, informed the Coast Guard of the presence of 

6 the alien on the vessel and the circumstances of the 

7 rescue; and 

8 ‘‘(3) the defendant complied with all orders 

9 given by law enforcement officials of the United 

10 States. 

11 ‘‘§ 70704. Penalties 

12 ‘‘Any person who commits a violation of this chapter 

13 shall be imprisoned for not less than 3 nor more than 20 

14 years or fined not more than $100,000, or both; except 

15 that— 

16 ‘‘(1) in any case in which the violation causes 

17 serious bodily injury to any person, regardless of 

18 where the injury occurs, the person shall be impris19 oned for not less than 7 nor more than 30 years or 

20 fined not more than $500,000, or both; and 

21 ‘‘(2) in any case in which the violation causes 

22 or results in the death of any person regardless of 

23 where the death occurs, the person shall be impris24 oned for not less than 10 years nor more than life 

25 or fined not more than $1,000,000, or both. 


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1 ‘‘§ 70705. Criminal forfeiture 

2 ‘‘The court, at the time of sentencing a person con3 victed of an offense under this chapter, shall order for4 feited to the United States any vessel used in the offense 

5 in the same manner and to the same extent as if it were 

6 a vessel used in an offense under section 274 of the Immi7 gration and Nationality Act (8 U.S.C. 1324). 

8 ‘‘§ 70706. Civil forfeiture 

9 ‘‘A vessel that has been used in the commission of 

10 a violation of this chapter shall be seized and subject to 

11 forfeiture in the same manner and to the same extent as 

12 if it were used in the commission of a violation of section 

13 274(a) of the Immigration and Nationality Act (8 U.S.C. 

14 1324(a)). 

15 ‘‘§ 70707. Extension beyond territorial jurisdiction 

16 ‘‘Sections 70701 and 70702 apply even though the 

17 act is committed outside the territorial jurisdiction of the 

18 United States. 

19 ‘‘§ 70708. Claim of failure to comply with inter20 national law; jurisdiction of court 

21 ‘‘A claim of failure to comply with international law 

22 in the enforcement of this chapter may be invoked as a 

23 basis for a defense solely by a foreign nation. A failure 

24 to comply with international law shall not divest a court 

25 of jurisdiction or otherwise constitute a defense to any 

26 proceeding under this chapter. 


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1 ‘‘§ 70709. Federal activities 

2 ‘‘Nothing in this chapter applies to otherwise lawful 

3 activities carried out by or at the direction of the United 

4 States Government. 

5 ‘‘§ 70710. Definitions 

6 ‘‘In this chapter, the following definitions apply: 

7 ‘‘(1) ALIEN.—The term ‘alien’ has the meaning 

8 given that term in section 70105(f). 

9 ‘‘(2) COVERED VESSEL.—The term ‘covered 

10 vessel’ means a vessel of the United States, or a ves11 sel subject to the jurisdiction of the United States, 

12 that is less than 300 gross tons (or an alternate ton13 nage prescribed by the Secretary under section 

14 14104 of this title) as measured under section 

15 14502 of this title. 

16 ‘‘(3) SERIOUS BODILY INJURY.—The term ‘seri17 ous bodily injury’ has the meaning given that term 

18 in section 1365 of title 18, United States Code. 

19 ‘‘(4) UNITED STATES.—The term ‘United 

20 States’ has the meaning given that term is section 

21 114. 

22 ‘‘(5) VESSEL OF THE UNITED STATES.—The 

23 term ‘vessel of the United States’ has the meaning 

24 given that term in section 70502. 

25 ‘‘(6) VESSEL SUBJECT TO THE JURISDICTION

26 OF THE UNITED STATES.—The term ‘vessel subject 


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1 to the jurisdiction of the United States’ has the 

2 meaning given that term in section 70502.’’. 

3 (b) CLERICAL AMENDMENT.—The analysis for such 

4 subtitle is amended by inserting after the item relating 

5 to chapter 705 the following: 

‘‘707. Maritime Law Enforcement ...............................................70701.’’. 

Æ 


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