ed by inserting after the item relating to section 2284 the 
following: 
‘‘2285. Operation of submersible vessel or semi-submersible vessel without na-
tionality.’’. 
SEC. 103. SENTENCING GUIDELINES. 
(a) IN GENERAL.—Pursuant to its authority under 
section 994(p) of title 28, United States Code, and in ac-
cordance with this section, the United States Sentencing 
Commission shall promulgate sentencing guidelines (in-
cluding policy statements) or amend existing sentencing 
guidelines (including policy statements) to provide ade-
quate penalties for persons convicted of knowingly oper-
ating by any means or embarking in any submersible ves-
sel or semi-submersible vessel in violation of section 2285 
of title 18, United States Code. 
(b) REQUIREMENTS.—In carrying out this section, 
the United States Sentencing Commission shall— 
(1) ensure that the sentencing guidelines and 
policy statements reflect the serious nature of the of-
fense described in section 2285 of title 18, United 
States Code, and the need for deterrence to prevent 
such offenses; 
(2) account for any aggravating or mitigating 
circumstances that might justify exceptions, includ-
ing— 
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(A) the use of a submersible vessel or 
semi-submersible vessel described in section 
2285 of title 18, United States Code, to facili-
tate other felonies; 
(B) the repeated use of a submersible ves-
sel or semi-submersible vessel described in sec-
tion 2285 of title 18, United States Code, to fa-
cilitate other felonies, including whether such 
use is part of an ongoing criminal organization 
or enterprise; 
(C) whether the use of such a vessel in-
volves a pattern of continued and flagrant viola-
tions of section 2285 of title 18, United States 
Code; 
(D) whether the persons operating or em-
barking in a submersible vessel or semi-sub-
mersible vessel willfully caused, attempted to 
cause, or permitted the destruction or damage 
of such vessel or failed to heave to when di-
rected by law enforcement officers; and 
(E) circumstances for which the sentencing 
guidelines (and policy statements) provide sen-
tencing enhancements; 
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(3) ensure reasonable consistency with other 
relevant directives, other sentencing guidelines and 
policy statements, and statutory provisions; 
(4) make any necessary and conforming 
changes to the sentencing guidelines and policy 
statements; and 
(5) ensure that the sentencing guidelines and 
policy statements adequately meet the purposes of 
sentencing set forth in section 3553(a)(2) of title 18, 
United States Code. 
TITLE II—CIVIL PROHIBITION 
SEC. 201. OPERATION OF SUBMERSIBLE VESSEL OR SEMI- 
SUBMERSIBLE 
VESSEL 
WITHOUT 
NATION-
ALITY. 
(a) FINDING AND DECLARATION.—Section 70501 of 
title 46, United States Code, is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘that’’; and 
(2) by striking ‘‘States.’’ and inserting ‘‘States 
and (2) operating or embarking in a submersible 
vessel or semi-submersible vessel without nationality 
and on an international voyage is a serious inter-
national problem, facilitates transnational crime, in-
cluding drug trafficking, and terrorism, and presents 
a specific threat to the safety of maritime navigation 
and the security of the United States.’’. 
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SEC. 202. OPERATION PROHIBITED. 
(a) IN GENERAL.—Chapter 705 of title 46, United 
States Code, is amended by adding at the end thereof the 
following: 
‘‘§ 70508. Operation of submersible vessel or semi- 
submersible vessel without nationality 
‘‘(a) IN GENERAL.—An individual may not operate 
by any means or embark in any submersible vessel or 
semi-submersible vessel that is without nationality and 
that is navigating or has navigated into, through, or from 
waters beyond the outer limit of the territorial sea of a 
single country or a lateral limit of that country’s territorial 
sea with an adjacent country, with the intent to evade de-
tection 
‘‘(b) EVIDENCE
OF INTENT TO EVADE DETEC-
TION.—In any civil enforcement proceeding for a violation 
of subsection (a), the presence of any of the indicia de-
scribed in paragraph (1)(A), (E), (F), or (G), or in para-
graph (4), (5), or (6), of section 70507(b) may be consid-
ered, in the totality of the circumstances, to be prima facie 
evidence of intent to evade detection. 
‘‘(c) DEFENSES.— 
‘‘(1) IN GENERAL.—It is a defense in any civil 
enforcement proceeding for a violation of subsection 
(a) that the submersible vessel or semi-submersible 
vessel involved was, at the time of the violation— 
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‘‘(A) a vessel of the United States or law-
fully registered in a foreign nation as claimed 
by the master or individual in charge of the ves-
sel when requested to make a claim by an offi-
cer of the United States authorized to enforce 
applicable provisions of United States law; 
‘‘(B) classed by and designed in accord-
ance with the rules of a classification society; 
‘‘(C) lawfully operated in government-regu-
lated or licensed activity, including commerce, 
research, or exploration; or 
‘‘(D) equipped with and using an operable 
automatic identification system, vessel moni-
toring system, or long range identification and 
tracking system. 
‘‘(2) PRODUCTION
OF
DOCUMENTS.—The de-
fenses provided by this subsection are proved conclu-
sively by the production of— 
‘‘(A) government documents evidencing the 
vessel’s nationality at the time of the offense, as 
provided in article 5 of the 1958 Convention on 
the High Seas; 
‘‘(B) a certificate of classification issued by 
the vessel’s classification society upon comple-
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tion of relevant classification surveys and valid 
at the time of the offense; or 
‘‘(C) government documents evidencing li-
censure, regulation, or registration for research 
or exploration. 
‘‘(d) CIVIL PENALTY.—A person violating this sec-
tion shall be liable to the United States for a civil penalty 
of not more than $1,000,000.’’ 
(b) CONFORMING AMENDMENTS.— 
(1) The chapter analysis for chapter 705 of title 
46, United States Code, is amended by inserting 
after the item relating to section 70507 the fol-
lowing: 
‘‘70508. Operation of submersible vessel or semi-submersible vessel without na-
tionality.’’. 
(2) Section 70504(b) of title 46, United States 
Code, is amended by inserting ‘‘or 70508’’ after 
‘‘70503’’. 
(3) Section 70505 of title 46, United States 
Code, is amended by striking ‘‘this title’’ and insert-
ing ‘‘this title, or against whom a civil enforcement 
proceeding is brought under section 70508,’’. 
SEC. 203. SUBMERSIBLE VESSEL AND SEMI-SUBMERSIBLE 
VESSEL DEFINED. 
Section 70502 of title 46, United States Code, is 
amended by adding at the end thereof the following: 
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‘‘(f) SEMI-SUBMERSIBLE
VESSEL; SUBMERSIBLE 
VESSEL.—In this chapter: 
‘‘(1) SEMI-SUBMERSIBLE
VESSEL.—The term 
‘semi-submersible vessel’ means any watercraft con-
structed or adapted to be capable of operating with 
most of its hull and bulk under the surface of the 
water, including both manned and unmanned 
watercraft. 
‘‘(2) SUBMERSIBLE VESSEL.—The term ‘sub-
mersible vessel’ means a vessel that is capable of op-
erating completely below the surface of the water, 
including both manned and unmanned watercraft.’’. 
Æ 
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