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) intro-
duced the following bill; which was referred to the Committee on Trans-
portation 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 jurisdic-
tion of the committee concerned 
A BILL 
To amend title 46, United States Code, to improve maritime 
law enforcement. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This title may be cited as the ‘‘Maritime Law En-
forcement Improvement Act of 2009’’. 
SEC. 2. MARITIME LAW ENFORCEMENT. 
(a) IN GENERAL.—Subtitle VII of title 46, United 
States Code, is amended by adding at the end the fol-
lowing: 
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‘‘CHAPTER 707—MARITIME LAW 
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. 
‘‘§ 70701. Offense 
‘‘It shall be unlawful for any person on board a cov-
ered vessel to transport or facilitate the transportation, 
harboring, or concealment of an alien on board such vessel 
knowing or having reason to believe that the alien is at-
tempting to unlawfully enter the United States. 
‘‘§ 70702. Attempt or conspiracy 
‘‘Any person on board a covered vessel who attempts 
or conspires to commit a violation of section 70701 shall 
be subject to the same penalties as those prescribed for 
the violation, the commission of which was the object of 
the attempt or conspiracy. 
‘‘§ 70703. Affirmative defenses 
‘‘It is an affirmative defense to a prosecution under 
this section, which the defendant must prove by a prepon-
derance of the evidence, that— 
‘‘(1)(A) the alien was on board pursuant to a 
rescue at sea, or was a stowaway; or 
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‘‘(B) the entry into the United States was a 
necessary response to an imminent threat of death 
or serious bodily injury to the alien; 
‘‘(2) the defendant, as soon as reasonably prac-
ticable, informed the Coast Guard of the presence of 
the alien on the vessel and the circumstances of the 
rescue; and 
‘‘(3) the defendant complied with all orders 
given by law enforcement officials of the United 
States. 
‘‘§ 70704. Penalties 
‘‘Any person who commits a violation of this chapter 
shall be imprisoned for not more than 20 years or fined 
not more than $250,000, or both; except that— 
‘‘(1) in the case of an offense that involves the 
transit of the person’s spouse, child, sibling, parent, 
grandparent, niece, or nephew, the person shall be 
imprisoned for not more than 1 year or fined not 
more than $100,000, or both; 
‘‘(2) in any case in which the violation causes 
serious bodily injury to any person, regardless of 
where the injury occurs, the person shall be impris-
oned for not more than 30 years or fined not more 
than $500,000, or both; and 
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‘‘§ 70708. Claim of failure to comply with inter-
national law; jurisdiction of court 
‘‘A claim of failure to comply with international law 
in the enforcement of this chapter may be invoked as a 
basis for a defense solely by a foreign nation. A failure 
to comply with international law shall not divest a court 
of jurisdiction or otherwise constitute a defense to any 
proceeding under this chapter. 
‘‘§ 70709. Federal activities 
‘‘Nothing in this chapter applies to otherwise lawful 
activities carried out by or at the direction of the United 
States Government. 
‘‘§ 70710. Definitions 
‘‘In this chapter, the following definitions apply: 
‘‘(1) ALIEN.—The term ‘alien’ has the meaning 
given that term in section 70105(f). 
‘‘(2) COVERED
VESSEL.—The term ‘covered 
vessel’ means a vessel of the United States, or a ves-
sel subject to the jurisdiction of the United States, 
that is less than 300 gross tons (or an alternate ton-
nage prescribed by the Secretary under section 
14104 of this title) as measured under section 
14502 of this title. 
‘‘(3) SERIOUS BODILY INJURY.—The term ‘seri-
ous bodily injury’ has the meaning given that term 
in section 1365 of title 18, United States Code. 
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‘‘(4) UNITED
STATES.—The term ‘United 
States’ has the meaning given that term is section 
114. 
‘‘(5) VESSEL OF THE UNITED STATES.—The 
term ‘vessel of the United States’ has the meaning 
given that term in section 70502. 
‘‘(6) VESSEL SUBJECT TO THE JURISDICTION 
OF THE UNITED STATES.—The term ‘vessel subject 
to the jurisdiction of the United States’ has the 
meaning given that term in section 70502.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
subtitle is amended by inserting after the item relating 
to chapter 705 the following: 
‘‘707. Maritime Law Enforcement ...............................................70701.’’. 
Æ 
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