I 

111TH CONGRESS 

1ST SESSION H. R. 1440 

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

IN THE HOUSE OF REPRESENTATIVES 

MARCH 11, 2009 

Mr. LOBIONDO (for himself, Mr. YOUNG of Alaska, and Mr. OLSON) 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 2009’’. 

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: 

mstockstill on PROD1PC66 with BILLS

2 

•HR 1440 IH

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 

mstockstill on PROD1PC66 with BILLS

3 

•HR 1440 IH

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 more than 20 years or fined 

14 not more than $250,000, or both; except that— 

15 ‘‘(1) in the case of an offense that involves the 

16 transit of the person’s spouse, child, sibling, parent, 

17 grandparent, niece, or nephew, the person shall be 

18 imprisoned for not more than 1 year or fined not 

19 more than $100,000, or both; 

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

21 serious bodily injury to any person, regardless of 

22 where the injury occurs, the person shall be impris23 oned for not more than 30 years or fined not more 

24 than $500,000, or both; and 

mstockstill on PROD1PC66 with BILLS

4 

•HR 1440 IH

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

2 or results in the death of any person regardless of 

3 where the death occurs, the person shall be impris4 oned for not more than life or fined not more than 

5 $1,000,000, or both. 

6 ‘‘§ 70705. Criminal forfeiture 

7 ‘‘The court, at the time of sentencing a person con8 victed of an offense under this chapter, shall order for9 feited to the United States any vessel used in the offense 

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

11 a vessel used in an offense under section 274 of the Immi12 gration and Nationality Act (8 U.S.C. 1324). 

13 ‘‘§ 70706. Civil forfeiture 

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

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

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

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

18 274(a) of the Immigration and Nationality Act (8 U.S.C. 

19 1324(a)). 

20 ‘‘§ 70707. Extension beyond territorial jurisdiction 

21 ‘‘Sections 70701 and 70702 apply even though the 

22 act is committed outside the territorial jurisdiction of the 

23 United States. 

mstockstill on PROD1PC66 with BILLS

5 

•HR 1440 IH

1 ‘‘§ 70708. Claim of failure to comply with inter2 national law; jurisdiction of court 

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

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

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

6 to comply with international law shall not divest a court 

7 of jurisdiction or otherwise constitute a defense to any 

8 proceeding under this chapter. 

9 ‘‘§ 70709. Federal activities 

10 ‘‘Nothing in this chapter applies to otherwise lawful 

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

12 States Government. 

13 ‘‘§ 70710. Definitions 

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

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

16 given that term in section 70105(f). 

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

18 vessel’ means a vessel of the United States, or a ves19 sel subject to the jurisdiction of the United States, 

20 that is less than 300 gross tons (or an alternate ton21 nage prescribed by the Secretary under section 

22 14104 of this title) as measured under section 

23 14502 of this title. 

24 ‘‘(3) SERIOUS BODILY INJURY.—The term ‘seri25 ous bodily injury’ has the meaning given that term 

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

mstockstill on PROD1PC66 with BILLS

6 

•HR 1440 IH

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

2 States’ has the meaning given that term is section 

3 114. 

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

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

6 given that term in section 70502. 

7 ‘‘(6) VESSEL SUBJECT TO THE JURISDICTION

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

9 to the jurisdiction of the United States’ has the 

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

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

12 subtitle is amended by inserting after the item relating 

13 to chapter 705 the following: 

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

Æ 

mstockstill on PROD1PC66 with BILLS