II 

Calendar No. 116 

110TH CONGRESS 

2D SESSION S. 3526 

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. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 18 (legislative day, SEPTEMBER 17), 2008 

Mr. REID (for Mr. BIDEN (for himself, Mr. GRASSLEY, Mr. GRAHAM, Mrs. 

FEINSTEIN, Mr. LUGAR, Mr. MARTINEZ, and Mr. NELSON of Florida)) 

introduced the following bill; which was read the first time 

NOVEMBER 18, 2008 

Read the second time and placed on the calendar under authority of the order 

of the Senate of November 17 (legislative day, September 17), 2008 

A BILL 

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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Drug Trafficking Ves3 sel Interdiction Act of 2008’’. 

4 SEC. 2. FINDINGS AND DECLARATIONS. 

5 Congress finds and declares that operating or em6 barking in a submersible or semi-submersible vessel with7 out nationality and on an international voyage is a serious 

8 international problem, facilitates transnational crime, in9 cluding drug trafficking, and terrorism, and presents a 

10 specific threat to the safety of maritime navigation and 

11 the security of the United States. 

12 SEC. 3. OPERATION OF SUBMERSIBLE OR SEMI-SUBMERS13 IBLE VESSEL WITHOUT NATIONALITY. 

14 (a) IN GENERAL.—Chapter 111 of title 18, United 

15 States Code, is amended by adding at the end the fol16 lowing new section: 

17 ‘‘SEC. 2285. OPERATION OF SUBMERSIBLE OR SEMI-SUB18 MERSIBLE VESSEL WITHOUT NATIONALITY. 

19 ‘‘(a) OFFENSE.—Whoever knowingly operates, or at20 tempts or conspires to operate, by any means, or embarks 

21 in any submersible or semi-submersible vessel that is with22 out nationality and that is navigating or has navigated 

23 into, through, or from waters beyond the outer limit of 

24 the territorial sea of a single country or a lateral limit 

25 of that country’s territorial sea with an adjacent country, 


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1 with the intent to evade detection, shall be fined under 

2 this title, imprisoned not more than 15 years, or both. 

3 ‘‘(b) DEFINITIONS.—In this section— 

4 ‘‘(1) the term ‘submersible vessel’ means a 

5 watercraft that is capable of operating completely 

6 below the surface of the water, and includes manned 

7 and unmanned watercraft; 

8 ‘‘(2) the term ‘semi-submersible vessel’ means 

9 any watercraft constructed or adapted to be capable 

10 of operating with most of its hull and bulk under the 

11 surface of the water, and includes manned or un12 manned watercraft; 

13 ‘‘(3) the term ‘vessel without nationality’ has 

14 the same meaning given that term in section 

15 70502(d) of title 46; 

16 ‘‘(4) the term ‘evade detection’ includes the in17 dicia set forth in section 70507(b)(1)(A), (E), (F), 

18 (G), (b)(4), (5), and (6) of title 46; and 

19 ‘‘(5) the term ‘vessel of the United States’ has 

20 the same meaning given that term in section 

21 70502(b) of title 46. 

22 ‘‘(c) EXTRATERRITORIAL JURISDICTION.—There is 

23 extraterritorial Federal jurisdiction over an offense under 

24 this section, including an attempt or conspiracy to commit 

25 such an offense. 


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1 ‘‘(d) CLAIM OF NATIONALITY OR REGISTRY.—A 

2 claim of nationality or registry under this section includes 

3 only— 

4 ‘‘(1) possession on board the vessel and produc5 tion of documents evidencing the vessel’s nationality 

6 as provided in article 5 of the 1958 Convention on 

7 the High Seas; 

8 ‘‘(2) flying its nation’s ensign or flag; or 

9 ‘‘(3) a verbal claim of nationality or registry by 

10 the master or individual in charge of the vessel. 

11 ‘‘(e) AFFIRMATIVE DEFENSES.— 

12 ‘‘(1) IN GENERAL.—It is an affirmative defense 

13 to a prosecution for a violation of this section, which 

14 the defendant has the burden to prove by a prepon15 derance of the evidence, that any submersible or 

16 semi-submersible vessel that the defendant operated 

17 by any means or embarked in at the time of the of18 fense— 

19 ‘‘(A) was a vessel of the United States or 

20 lawfully registered in a foreign nation as 

21 claimed by the master or individual in charge of 

22 the vessel when requested to make a claim by 

23 an officer of the United States authorized to 

24 enforce applicable provisions of United States 

25 law; 


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1 ‘‘(B) was classed by and designed in ac2 cordance with the rules of a classification soci3 ety; 

4 ‘‘(C) was lawfully operated in government5 regulated or licensed activity, including com6 merce, research, or exploration; or 

7 ‘‘(D) was equipped with and using an op8 erable automatic identification system, vessel 

9 monitoring system, or a long range identifica10 tion and tracking system. 

11 ‘‘(2) PRODUCTION OF DOCUMENTS.—The af12 firmative defenses provided by this subsection are 

13 proved conclusively by the production of— 

14 ‘‘(A) government documents evidencing the 

15 vessel’s nationality at the time of the offense, as 

16 provided in article 5 of the 1958 Convention on 

17 the High Seas; 

18 ‘‘(B) a certificate of classification issued by 

19 the vessel’s classification society upon comple20 tion of relevant classification surveys and valid 

21 at the time of the offense; or 

22 ‘‘(C) government documents evidencing li23 censure, regulation, or registration for research 

24 or exploration. 


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1 ‘‘(f) FEDERAL ACTIVITIES.—Nothing in this section 

2 applies to lawfully authorized activities carried out by or 

3 at the direction of the United States Government. 

4 ‘‘(g) APPLICABILITY OF OTHER PROVISIONS.—Sec5 tions 70504 and 70505 of title 46 apply to this section.’’ 

6 (b) CLERICAL AMENDMENT.—The table of sections 

7 at the beginning of chapter 111 of title 18, United States 

8 Code, is amended by adding at the end the following new 

9 item: 

‘‘2285. Operation of submersible or semi-submersible vessel without nationality.’’. 

10 SEC. 4. SENTENCING GUIDELINES. 

11 (a) IN GENERAL.—Pursuant to its authority under 

12 section 994(p) of title 28, United States Code, and in ac13 cordance with this section, the United States Sentencing 

14 Commission shall promulgate sentencing guidelines (in15 cluding policy statements) or amend existing sentencing 

16 guidelines (including policy statements) to provide ade17 quate penalties for persons convicted of knowingly oper18 ating by any means or embarking in any submersible or 

19 semi-submersible vessel as defined in section 2285 of title 

20 18, United States Code. 

21 (b) REQUIREMENTS.—In carrying out this section, 

22 the United States Sentencing Commission shall— 

23 (1) ensure that the sentencing guidelines and 

24 policy statements reflect the serious nature of the ofVerDate Aug 31 2005 22:14 Nov 18, 2008 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3526.PCS S3526

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1 fense described in section 2285 of title 18, United 

2 States Code, and the need for deterrence to prevent 

3 such offenses; 

4 (2) account for any aggravating or mitigating 

5 circumstances that might justify exceptions, includ6 ing— 

7 (A) the use of a submersible or semi-sub8 mersible vessels described in section 2285 of 

9 title 18, United States Code, to facilitate other 

10 felonies; 

11 (B) the repeated use of a submersible or 

12 semi-submersible vessel described in section 

13 2285 of title 18, United States Code, to facili14 tate other felonies, including whether such use 

15 is part of an ongoing commercial organization 

16 or enterprise; 

17 (C) whether the use of such a vessel in18 volves a pattern of continued and flagrant viola19 tions of section 2285 of title 18, United States 

20 Code; 

21 (D) whether the persons operating or em22 barking in a submersible or semi-submersible 

23 vessel willfully caused, attempted to cause, or 

24 permitted the destruction or damage of such 


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1 vessel or failed to heave to when directed by law 

2 enforcement officers; and 

3 (E) circumstances for which the sentencing 

4 guidelines (and policy statements) provide sen5 tencing enhancements; 

6 (3) ensure reasonable consistency with other 

7 relevant directives, other sentencing guidelines and 

8 policy statements, and statutory provisions; 

9 (4) make any necessary and conforming 

10 changes to the sentencing guidelines and policy 

11 statements; and 

12 (5) ensure that the sentencing guidelines and 

13 policy statements adequately meet the purposes of 

14 sentencing set forth in section 3553(a)(2) of title 18, 

15 United States Code. 


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Calendar No. 116 

110TH CONGRESS 

2D SESSION S. 3526 

A BILL 

To enhance drug trafficking interdiction by creating 

age. without nationality and on an international voying in a submersible or semi-submersible vessel a Federal felony relating to operating or embarkNOVEMBER 18, 2008 

Read the second time and placed on the calendar 


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