II 

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 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Drug Trafficking Ves5 sel Interdiction Act of 2008’’. 

6 SEC. 2. FINDINGS AND DECLARATIONS. 

7 Congress finds and declares that operating or em8 barking in a submersible or semi-submersible vessel withVerDate Aug 31 2005 18:20 Oct 04, 2008 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3526.IS S3526

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1 out nationality and on an international voyage is a serious 

2 international problem, facilitates transnational crime, in3 cluding drug trafficking, and terrorism, and presents a 

4 specific threat to the safety of maritime navigation and 

5 the security of the United States. 

6 SEC. 3. OPERATION OF SUBMERSIBLE OR SEMI-SUBMERS7 IBLE VESSEL WITHOUT NATIONALITY. 

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

9 States Code, is amended by adding at the end the fol10 lowing new section: 

11 ‘‘SEC. 2285. OPERATION OF SUBMERSIBLE OR SEMI-SUB12 MERSIBLE VESSEL WITHOUT NATIONALITY. 

13 ‘‘(a) OFFENSE.—Whoever knowingly operates, or at14 tempts or conspires to operate, by any means, or embarks 

15 in any submersible or semi-submersible vessel that is with16 out nationality and that is navigating or has navigated 

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

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

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

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

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

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

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

24 watercraft that is capable of operating completely 


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1 below the surface of the water, and includes manned 

2 and unmanned watercraft; 

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

4 any watercraft constructed or adapted to be capable 

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

6 surface of the water, and includes manned or un7 manned watercraft; 

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

9 the same meaning given that term in section 

10 70502(d) of title 46; 

11 ‘‘(4) the term ‘evade detection’ includes the in12 dicia set forth in section 70507(b)(1)(A), (E), (F), 

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

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

15 the same meaning given that term in section 

16 70502(b) of title 46. 

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

18 extraterritorial Federal jurisdiction over an offense under 

19 this section, including an attempt or conspiracy to commit 

20 such an offense. 

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

22 claim of nationality or registry under this section includes 

23 only— 

24 ‘‘(1) possession on board the vessel and produc25 tion of documents evidencing the vessel’s nationality 


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1 as provided in article 5 of the 1958 Convention on 

2 the High Seas; 

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

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

5 the master or individual in charge of the vessel. 

6 ‘‘(e) AFFIRMATIVE DEFENSES.— 

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

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

9 the defendant has the burden to prove by a prepon10 derance of the evidence, that any submersible or 

11 semi-submersible vessel that the defendant operated 

12 by any means or embarked in at the time of the of13 fense— 

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

15 lawfully registered in a foreign nation as 

16 claimed by the master or individual in charge of 

17 the vessel when requested to make a claim by 

18 an officer of the United States authorized to 

19 enforce applicable provisions of United States 

20 law; 

21 ‘‘(B) was classed by and designed in ac22 cordance with the rules of a classification soci23 ety; 


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1 ‘‘(C) was lawfully operated in government2 regulated or licensed activity, including com3 merce, research, or exploration; or 

4 ‘‘(D) was equipped with and using an op5 erable automatic identification system, vessel 

6 monitoring system, or a long range identifica7 tion and tracking system. 

8 ‘‘(2) PRODUCTION OF DOCUMENTS.—The af9 firmative defenses provided by this subsection are 

10 proved conclusively by the production of— 

11 ‘‘(A) government documents evidencing the 

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

13 provided in article 5 of the 1958 Convention on 

14 the High Seas; 

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

16 the vessel’s classification society upon comple17 tion of relevant classification surveys and valid 

18 at the time of the offense; or 

19 ‘‘(C) government documents evidencing li20 censure, regulation, or registration for research 

21 or exploration. 

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

23 applies to lawfully authorized activities carried out by or 

24 at the direction of the United States Government. 


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1 ‘‘(g) APPLICABILITY OF OTHER PROVISIONS.—Sec2 tions 70504 and 70505 of title 46 apply to this section.’’ 

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

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

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

6 item: 

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

7 SEC. 4. SENTENCING GUIDELINES. 

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

9 section 994(p) of title 28, United States Code, and in ac10 cordance with this section, the United States Sentencing 

11 Commission shall promulgate sentencing guidelines (in12 cluding policy statements) or amend existing sentencing 

13 guidelines (including policy statements) to provide ade14 quate penalties for persons convicted of knowingly oper15 ating by any means or embarking in any submersible or 

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

17 18, United States Code. 

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

19 the United States Sentencing Commission shall— 

20 (1) ensure that the sentencing guidelines and 

21 policy statements reflect the serious nature of the of22 fense described in section 2285 of title 18, United 

23 States Code, and the need for deterrence to prevent 

24 such offenses; 


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1 (2) account for any aggravating or mitigating 

2 circumstances that might justify exceptions, includ3 ing— 

4 (A) the use of a submersible or semi-sub5 mersible vessels described in section 2285 of 

6 title 18, United States Code, to facilitate other 

7 felonies; 

8 (B) the repeated use of a submersible or 

9 semi-submersible vessel described in section 

10 2285 of title 18, United States Code, to facili11 tate other felonies, including whether such use 

12 is part of an ongoing commercial organization 

13 or enterprise; 

14 (C) whether the use of such a vessel in15 volves a pattern of continued and flagrant viola16 tions of section 2285 of title 18, United States 

17 Code; 

18 (D) whether the persons operating or em19 barking in a submersible or semi-submersible 

20 vessel willfully caused, attempted to cause, or 

21 permitted the destruction or damage of such 

22 vessel or failed to heave to when directed by law 

23 enforcement officers; and 


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1 (E) circumstances for which the sentencing 

2 guidelines (and policy statements) provide sen3 tencing enhancements; 

4 (3) ensure reasonable consistency with other 

5 relevant directives, other sentencing guidelines and 

6 policy statements, and statutory provisions; 

7 (4) make any necessary and conforming 

8 changes to the sentencing guidelines and policy 

9 statements; and 

10 (5) ensure that the sentencing guidelines and 

11 policy statements adequately meet the purposes of 

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

13 United States Code. 

Æ 


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