Chief Acquisitions Officer selected by the Commandant 
who shall be a Rear Admiral or civilian from the Senior 
Executive Service (career reserved) and who meets the 
qualifications set forth under subsection (b). The Chief 
Acquisitions Officer shall serve at the Assistant Com-
mandant level and have acquisition management as that 
individual’s primary duty. 
‘‘(b) QUALIFICATIONS.—The Chief Acquisition Offi-
cer shall be a certified acquisition professional with a pro-
gram manager level III certification and must have at 
least 10 years experience in an acquisition position. 
‘‘(c) AUTHORITY AND FUNCTIONS OF THE CHIEF AC-
QUISITION OFFICER.—The functions of the Chief Acquisi-
tion Officer shall include— 
‘‘(1) monitoring the performance of programs 
on the basis of applicable performance measure-
ments and advising the Commandant, through the 
Vice Commandant of the Coast Guard, regarding 
the appropriate business strategy to achieve the mis-
sions of the Coast Guard; 
‘‘(2) increasing the use of full and open com-
petition in the acquisition of property and services 
by the Coast Guard by establishing policies, proce-
dures, and practices that ensure that the Coast 
Guard receives a sufficient number of sealed bids or
competitive proposals from responsible sources to 
fulfill the Government’s requirements, including per-
formance and delivery schedules, at the lowest cost 
or best value considering the nature of the property 
or service procured; 
‘‘(3) making acquisition decisions in concur-
rence with the technical authority of the Coast 
Guard, as designated by the Commandant, and con-
sistent with all other applicable laws and decisions 
establishing procedures within the Coast Guard; 
‘‘(4) ensuring the use of detailed performance 
specifications in instances in which performance 
based contracting is used; 
‘‘(5) making acquisition decisions consistent 
with all applicable laws and decision making proce-
dures within the Coast Guard; 
‘‘(6) managing the direction of acquisition pol-
icy for the Coast Guard, including implementation of 
the unique acquisition policies, regulations, and 
standards of the Coast Guard; 
‘‘(7) developing and maintaining an acquisition 
career management program in the Coast Guard to 
ensure that there is an adequate professional work 
force; and
‘‘(8) as part of the strategic planning and per-
formance evaluation process required under section 
306 of title 5 and sections 1105(a)(28), 1115, 1116, 
10 and 9703 of title 31— 
‘‘(A) assessing the requirements estab-
lished for Coast Guard personnel regarding 
knowledge and skill in acquisition resources and 
management and the adequacy of such require-
ments for facilitating the achievement of the 
performance goals established for acquisition 
management; 
‘‘(B) in order to rectify any deficiency in 
meeting such requirements, developing strate-
gies and specific plans for hiring, training, and 
professional development; and 
‘‘(C) 
reporting 
to 
the 
Commandant, 
through the Vice Commandant, on the progress 
made in improving acquisition management ca-
pability.’’. 
(b) APPLICATION
OF
QUALIFICATION
REQUIRE-
MENT.—Section 55(b) of title 46, United States Code, as 
amended by this section, shall apply beginning October 1, 
2011.
(c) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following: 
‘‘55. Chief Acquisition Officer.’’. 
(d) SPECIAL RATE SUPPLEMENTS.— 
(1) REQUIREMENT TO ESTABLISH.—Not later 
than 1 year after the date of enactment of this Act 
and in accordance with part 9701.333 of title 5, 
Code of Federal Regulations, the Secretary shall es-
tablish special rate supplements that provide higher 
pay levels for employees necessary to carry out the 
amendment made by this section. 
(2) SUBJECT
TO
APPROPRIATIONS.—The re-
quirement under paragraph (1) is subject to the 
availability of appropriations. 
SEC. 108. INTEGRATED DEEPWATER PROGRAM PLANS. 
(a) IN GENERAL.— 
(1) REVISED
INTEGRATED
DEEPWATER
PRO-
GRAM
PLANS
AND
ACQUISITION
PROGRAM.—The 
Secretary shall— 
(A) revise and update the Integrated Deep-
water Program’s project management plan 
within 180 days after the date of enactment of 
this Act, in accordance with the requirements of 
subsection (d);
(B) issue new or updated acquisition plans 
and acquisition program baselines for each 
asset class under the Integrated Deepwater 
Program, in accordance with the requirements 
of subsection (e); and 
(C) transmit copies thereof to the appro-
priate congressional committees. 
(2) USE
OF
ALTERNATIVES
ANALYSIS.—The 
Secretary shall base the revisions and plans on the 
February 2008 Integrated Deepwater System Alter-
natives Analysis prepared for the United States 
Coast Guard by an independent consulting organiza-
tion. 
(b) ALTERNATIVES ANALYSES.— 
(1) IN GENERAL.—No acquisition of an experi-
mental, technically immature, or first-in-class major 
asset may be made under the Integrated Deepwater 
Program unless an alternatives analysis was con-
ducted for such asset during the concept and tech-
nology development phase. Such analyses shall be 
conducted by a federally funded research and devel-
opment center, a qualified entity of the Department 
of Defense, or a similar independent third party en-
tity that has appropriate acquisition expertise. Such 
alternatives analyses shall include—
(A) an examination of capability, inter-
operability, and other advantages and disadvan-
tages; 
(B) an evaluation of whether different 
quantities of specific assets could meet the 
Coast Guard’s overall performance needs; 
(C) a discussion of key assumptions and 
variables, and sensitivity to changes in such as-
sumptions and variables; 
(D) an assessment of technology risk and 
maturity; 
(E) an evaluation of relevant safety and 
performance records; 
(F) a calculation of costs, including life 
cycle costs; 
(G) a business case of viable alternatives; 
(H) an examination of likely research and 
development costs and the levels of uncertainty 
associated with such estimated costs; 
(I) an examination of likely production and 
deployment costs and the levels of uncertainty 
associated with such estimated costs; 
(J) an examination of likely operating and 
support costs and the levels of uncertainty asso-
ciated with such estimated costs;
(K) if they are likely to be significant, an 
examination of likely disposal costs and the lev-
els of uncertainty associated with such esti-
mated costs; 
(L) an analysis of the risks to production 
cost, schedule, and life-cycle cost resulting from 
the experimental, technically immature nature 
of the systems under consideration; and 
(M) such additional measures the Sec-
retary determines to be necessary for appro-
priate evaluation of the asset. 
(c) FUTURE REVISIONS.—The Secretary shall— 
(1) notify each of the appropriate congressional 
committees whenever an alternatives analysis or re-
vision of an alternatives analysis under the Inte-
grated Deepwater Program are initiated under this 
title; 
(2) transmit a copy of the Integrated Deep-
water Program’s project management plan, acquisi-
tion plans, or acquisition program baselines to each 
of the appropriate congressional committees when-
ever any such document is created or revised; and 
(3) maintain a historical file containing, and 
make available to each of the appropriate congres-
sional committees, upon request, copies of each 
version of those documents as they are revised. 
(d) PROJECT MANAGEMENT PLAN.—The revised 
project management plan required by subsection (a)(1) 
shall include the following: 
(1) An analysis and risk assessment of the tech-
nology risks and level of maturity for major tech-
nologies used on all classes of asset acquisitions 
under the Integrated Deepwater Program, including 
the National Security Cutter, fast response cutter, 
offshore patrol cutter, the vertical unmanned aerial 
vehicle, maritime patrol aircraft, HC–130J aircraft, 
and C4ISR systems. 
(2) A description of how the Coast Guard plans 
to utilize arrangements with the Department of De-
fense for support in contracting and management of 
acquisitions under the Integrated Deepwater Pro-
gram and to seek opportunities to leverage off of 
Department of Defense contracts, and contracts of 
other appropriate agencies, to obtain the best pos-
sible price for Integrated Deepwater Program assets. 
(3) A life-cycle cost estimate for the Integrated 
Deepwater Program which shall include asset acqui-
sition and logistics support decisions and planned 
operational tempo and locations.
(4) Any other information the Secretary deems 
necessary. 
(e) ACQUISITION PROGRAM BASELINE.— 
(1) IN
GENERAL.—The new acquisition pro-
gram baselines required by subsection (a)(1) shall 
include— 
(A) a plan for the acquisition, and the 
schedule and costs for delivery of such acquisi-
tions; 
(B) a lifecycle cost estimate that includes 
asset acquisition and logistics support decisions 
and planned operational tempo and locations; 
and 
(C) such other information as the Sec-
retary deems necessary. 
(2) OFFSHORE PATROL CUTTER.—When an ac-
quisition program baseline is completed for the off-
shore patrol cutter following an alternatives analysis 
for that asset class, the acquisition program baseline 
shall include a detailed statement of the service life, 
fatigue life, maximum range, maximum speed, and 
number of days underway under general Atlantic 
and North Pacific Sea conditions the cutter will be 
built to achieve. The offshore patrol cutter’s acquisi-
tion program baseline shall be completed and trans-
mitted to each of the appropriate congressional com-
mittees not less than 90 days before the Secretary 
issues a request for proposals for construction of an 
offshore patrol cutter. 
SEC. 109. REPORTS. 
(a) ANNUAL REPORT.— 
(1) IN
GENERAL.—Within 45 days after the 
end of each fiscal year, the Secretary shall submit 
a comprehensive annual report on the progress of 
the Integrated Deepwater Program to the appro-
priate congressional committees. 
(2) SCOPE.—At a minimum, the report shall in-
clude— 
(A) an outline and description of all 
changes to the Integrated Deepwater Program’s 
project management plan during the previous 
fiscal year; 
(B) an outline and description of all 
changes to acquisition plans and acquisition 
program baselines for all Integrated Deepwater 
Program asset acquisitions during the previous 
fiscal year, including all updates to life cycle 
cost estimates, acquisition cost estimates, 
schedule changes, and changes in asset per-
formance requirements;
(C) a summary of findings of all alter-
natives analyses completed or revised during the 
previous fiscal year under the Integrated Deep-
water Program; 
(D) an updated development schedule for 
each asset and asset class, including estimated 
annual costs until development is completed; 
(E) an updated acquisition schedule for 
each asset and asset class, including estimated 
annual costs and units to be procured until ac-
quisition is completed; 
(F) an updated projection of the remaining 
operational lifespan of each legacy asset and 
projected costs for sustaining such assets; 
(G) a breakdown of the percentage of the 
total amount of funds expended on acquisitions 
under the Integrated Deepwater Program dur-
ing the previous fiscal year that has been paid 
to each of small businesses, socially and eco-
nomically disadvantaged small business con-
cerns eligible for assistance under section 8(a) 
of the Small Business Act (15 U.S.C. 637(a)), 
minority-owned businesses, women-owned busi-
nesses, and service disabled veteran-owned busi-
nesses;
(H) information on the status of agree-
ments and progress of other arrangements with 
the Department of Defense for support in con-
tracting and management of acquisitions under 
the Integrated Deepwater Program required by 
section 110 of this Act and the updated project 
management plan as required by section 108(a) 
of this Act; 
(I) an update on the Secretary’s progress 
in meeting goals for the development of the ac-
quisition program described in the Blueprint for 
Acquisition Reform, and required by this title, 
including staffing levels and professional devel-
opment; 
(J) a financial accounting of the Inte-
grated Deepwater Program as of the end of the 
fiscal year, which shall include a balance sheet, 
statement of net cost, statement of changes in 
net position, and statement of budgetary re-
sources of the Program; 
(K) an update on the status of efforts to 
enhance the role of Coast Guard program man-
agers in developing and carrying out acquisi-
tions programs and efforts to promote a bal-
anced workforce in which women and members
of racial and ethnic minority groups are appro-
priately represented in Government service; and 
(L) such additional information as the Sec-
retary deems necessary for updating Congress 
on the progress of the Integrated Deepwater 
Program. 
(b) COST OVERRUNS AND DELAYS.— 
(1) IN GENERAL.—The Secretary shall submit 
a report to the appropriate congressional committees 
as soon as possible, but not later than 30 days, after 
the Deepwater Program Executive Officer becomes 
aware of the breach of an acquisition program base-
line under the Integrated Deepwater Program by— 
(A) a likely cost overrun greater than 8 
percent of the acquisition program baseline 
total acquisition cost for that individual asset or 
a class of assets; 
(B) a likely delay of more than 180 days 
in the delivery schedule for any individual asset 
or class of assets; or 
(C) an anticipated failure for any indi-
vidual asset or class of assets to satisfy any key 
performance threshold or parameter under the 
Integrated Deepwater Program acquisition pro-
gram baseline.
(2) CONTENT.—The report submitted under 
paragraph (1) shall include 
(A) a detailed description of the breach 
and an explanation of its cause; 
(B) the projected impact to cost, schedule 
and performance; 
(C) an updated total acquisition cost and 
the complete history of changes to the original 
cost estimate described in the plan submitted 
under section 108(e); 
(D) the updated acquisition schedule and 
the complete history of changes to the original 
schedule described in the plan submitted under 
section 108(e); 
(E) a full life-cycle cost analysis for the 
asset or class of assets; 
(F) a remediation plan identifying correc-
tive actions and any resulting issues or risks; 
and 
(G) a description of how progress in the 
remediation plan will be measured and mon-
itored. 
(3) SUBSTANTIAL
VARIANCES
IN
COSTS
OR 
SCHEDULE.—If a likely cost overrun is greater than 
20 percent or a likely delay is greater than 12
months from the schedule and costs described in the 
acquisition program baseline total acquisition cost 
for that individual asset or class of assets, the Sec-
retary shall include in the report a written certifi-
cation, with a supporting explanation, that— 
(A) the asset or asset class is essential to 
the accomplishment of Coast Guard missions; 
(B) there are no alternatives to such asset 
or asset class which will provide equal or great-
er capability in both a more cost-effective and 
timely manner; 
(C) the new acquisition schedule and esti-
mates for total acquisition cost are reasonable; 
and 
(D) the management structure for the ac-
quisition program is adequate to manage and 
control costs, schedule, and performance. 
(4) CERTIFIED ASSETS AND ASSET CLASSES.— 
If the Secretary certifies an asset or asset class 
under paragraph (3), the requirements of this sub- 
section shall be met based on the new estimates of 
cost and schedule contained in that certification. 
(c) REPORT ON INTEGRATED DEEPWATER PROGRAM 
C4ISR.—
(1) INDEPENDENT
ASSESSMENT.—Not later 
than 3 months after the date of enactment of this 
Act, the Secretary shall enter into an arrangement 
with the National Research Council of the National 
Academy of Sciences to conduct a study to assess 
the Coast Guard’s Integrated Deepwater Program 
C4ISR systems and acquisition plans. This study 
shall include an examination of— 
(A) the Coast Guard’s current and planned 
Integrated Deepwater Program C4ISR capabili-
ties and architecture; 
(B) the adequacy of the Integrated Deep-
water Program C4ISR acquisition’s Informa-
tion Technology requirements; 
(C) whether the planned Integrated Deep-
water Program C4ISR systems are sufficiently 
adaptable to meet the needs of the Coast 
Guard’s mission requirements; 
(D) whether the planned Integrated Deep-
water Program C4ISR systems facilitate future 
upgrades as C4ISR technology advances; and 
(E) the adequacy of the Coast Guard’s or-
ganizational, personnel, and training systems 
for acquiring, utilizing, and sustaining Inte-
grated Deepwater Program C4ISR systems.
(d) PATROL BOAT REPORT.—Not later than 120 
days after the date of enactment of this Act, the Secretary 
shall submit to the appropriate congressional committees 
a report on how the Coast Guard plans to manage the 
annual readiness gap of lost time for 110-foot patrol boats 
from fiscal year 2009 through fiscal year 2015. The report 
shall include— 
(1) a description of the mission performance 
gap detailing the geographic regions and Coast 
Guard capabilities affected; 
(2) a summary of the patrol hours that will be 
lost due to delays in replacing the 110-foot cutters 
and lost capabilities of the 110-foot cutters that 
have been converted; 
(3) an analysis of factors affecting the mission 
performance gap that are unrelated to the Inte-
grated Deepwater Program, including deployment of 
Coast Guard assets overseas and continuous vessel 
shortages; 
(4) an identification of assets that are being 
used or may be used to alleviate the annual readi-
ness gap of lost time for such patrol boats, including 
any acquisition or lease considered and the reasons 
they were not pursued;
(5) in cases where Coast Guard assets are used 
more heavily to alleviate the readiness gap, an as-
sessment of the estimated additional maintenance 
costs incurred and asset lifespan lost due to the in-
creased use of such assets; 
(6) a projection of the remaining operational 
lifespan of the 110-foot patrol boat fleet; 
(7) a description of how extending through fis-
cal year 2015 the transfer agreement between the 
Coast Guard and the United States Navy for 3 Cy-
clone class 179-foot patrol coastal ships would affect 
the annual readiness gap of lost time for 110-foot 
patrol boats; and 
(8) an estimate of the cost to extend the oper-
ational lifespan of the 110-foot patrol boat fleet for 
each of fiscal years 2008 through 2015. 
(e) ACQUISITIONS WORKFORCE REPORT.—Within 4 
months after the date of enactment of this Act, the Sec-
retary shall report on the development of the acquisitions 
office within the Coast Guard, describing the specific 
staffing structure for that directorate, including— 
(1) identification of all acquisitions positions 
proposed as part of the office, the functions that 
each managerial position will fill, and the number of 
employees each manager will supervise; and
(2) a formal organizational chart and identifica-
tion of when managerial positions are to be filled. 
(f) ELEVATION OF DISPUTES TO THE CHIEF ACQUI-
SITION OFFICER.—Within 30 days after the elevation to 
the Chief Acquisition Officer of any design or other dis-
pute regarding the Integrated Deepwater Program con-
tract or an item to be acquired under that contract, the 
Secretary shall provide to the appropriate congressional 
committees a detailed description of the issue and the ra-
tionale underlying the decision taken by the Chief Acquisi-
tion Officer to resolve the issue. 
(g) AMENDMENT OF 2006 ACT.—Section 408(a) of 
the Coast Guard and Maritime Transportation Act of 
2006 is amended— 
(1) by striking paragraphs (1) and (3); and 
(2) by redesignating paragraphs (2) and (4) 
through (8) as paragraphs (1) through (6), respec-
tively. 
SEC. 110. DEPARTMENT OF DEFENSE CONSULTATION. 
(a) IN GENERAL.—The Secretary shall make ar-
rangements as appropriate with the Secretary of Defense 
for support in contracting and management of acquisitions 
under the Integrated Deepwater Program. The Coast 
Guard shall also seek opportunities to leverage off of De-
partment of Defense contracts, and contracts of other ap-
extent practicable, procedures that are similar to those 
used by the Navy Senior Acquisition Official to approve 
all technical requirements. 
(d) ASSESSMENT.—Within 180 days after the date 
of enactment of this Act, the Comptroller General shall 
transmit a report to the appropriate congressional com-
mittees that— 
(1) contains an assessment of current Coast 
Guard acquisition and management capabilities to 
manage acquisitions under or in support of the Inte-
grated Deepwater Program; 
(2) includes recommendations as to how the 
Coast Guard can improve its acquisition manage-
ment, either through internal reforms or by seeking 
acquisition expertise from the Department of De-
fense; and 
(3) addresses specifically the question of wheth-
er the Coast Guard can better leverage Department 
of Defense or other agencies’ contracts that would 
meet the needs of the Integrated Deepwater Pro-
gram in order to obtain the best possible price. 
SEC. 111. DEFINITIONS. 
In this title, the following definitions apply: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committees on Transportation 
and Infrastructure and Homeland Security of the 
House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Sen-
ate. 
(2) INTEGRATED DEEPWATER PROGRAM.—The 
term ‘‘Integrated Deepwater Program’’ means the 
Integrated Deepwater Systems Program described 
by the Coast Guard in its Report to Congress on Re-
vised Deepwater Implementation Plan, dated March 
25, 2005, including any subsequent modifications, 
revisions, or restatements of the Program. The Inte-
grated Deepwater Program includes the procure-
ment, development, production, sustainment, modi-
fication, conversion, and missionization of C4ISR 
and of cutter and aviation assets that operate more 
than 50 miles offshore. 
(3) LIFE-CYCLE
COST.—The term ‘‘life-cycle 
cost’’ means all costs for development, procurement, 
construction, and operations and support for a par-
ticular asset, without regard to funding source or 
management control. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the department in which the Coast 
Guard is operating.
SEC. 112. ELIGIBLE EMPLOYEES IN THE RECREATIONAL 
MARINE INDUSTRY. 
Section 2(3)(F) of the Longshore and Harbor Work-
ers’ Compensation Act (33 U.S.C. 902(3)(F)) is amend-
ed— 
(1) by striking ‘‘, repair or dismantle’’; and 
(2) by striking the semicolon and inserting ‘‘, or 
individuals employed to repair any recreational ves-
sel, or to dismantle any part of a recreational vessel 
in connection with the repair of such vessel;’’. 
TITLE 
II—SUBMERSIBLE 
VES-
SELS 
AND 
SEMI-SUBMERS-
IBLE VESSELS 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Drug Trafficking Ves-
sel Interdiction Act of 2008’’. 
Subtitle A—Criminal Prohibition 
SEC. 211. FINDINGS AND DECLARATIONS. 
Congress finds and declares that operating or em-
barking in a submersible vessel or semi-submersible vessel 
without nationality and on an international voyage is a 
serious international problem, facilitates transnational 
crime, including drug trafficking, and terrorism, and pre-
sents a specific threat to the safety of maritime navigation 
and the security of the United States.
SEC. 212. OPERATION OF SUBMERSIBLE VESSEL OR SEMI- 
SUBMERSIBLE 
VESSEL 
WITHOUT 
NATION-
ALITY. 
(a) IN GENERAL.—Chapter 111 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 2285. Operation of submersible vessel or semi-sub-
mersible vessel without nationality 
‘‘(a) OFFENSE.—Whoever knowingly operates, or at-
tempts or conspires to operate, by any means, or embarks 
in any submersible vessel or semi-submersible vessel that 
is without nationality and that is navigating or has navi-
gated 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 detection, shall be fined under 
this title, imprisoned not more than 15 years, or both. 
‘‘(b) EVIDENCE
OF INTENT
TO EVADE DETEC-
TION.—For purposes of subsection (a), the presence of 
any of the indicia described in paragraph (1)(A), (E), (F), 
or (G), or in paragraph (4), (5), or (6), of section 
70507(b) of title 46 may be considered, in the totality of 
the circumstances, to be prima facie evidence of intent to 
evade detection. 
‘‘(c) EXTRATERRITORIAL JURISDICTION.—There is 
extraterritorial Federal jurisdiction over an offense under
this section, including an attempt or conspiracy to commit 
such an offense. 
‘‘(d) CLAIM
OF NATIONALITY
OR REGISTRY.—A 
claim of nationality or registry under this section includes 
only— 
‘‘(1) possession on board the vessel and produc-
tion of documents evidencing the vessel’s nationality 
as provided in article 5 of the 1958 Convention on 
the High Seas; 
‘‘(2) flying its nation’s ensign or flag; or 
‘‘(3) a verbal claim of nationality or registry by 
the master or individual in charge of the vessel. 
‘‘(e) AFFIRMATIVE DEFENSES.— 
‘‘(1) IN GENERAL.—It is an affirmative defense 
to a prosecution for a violation of subsection (a), 
which the defendant has the burden to prove by a 
preponderance of the evidence, that the submersible 
vessel or semi-submersible vessel involved was, at the 
time of the offense— 
‘‘(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 af-
firmative defenses provided by this subsection are 
proved conclusively 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-
tion of relevant classification surveys and valid 
at the time of the offense; or 
‘‘(C) government documents evidencing li-
censure, regulation, or registration for com-
merce, research, or exploration. 
‘‘(f) FEDERAL ACTIVITIES EXCEPTED.—Nothing in 
this section applies to lawfully authorized activities carried
out by or at the direction of the United States Govern-
ment. 
‘‘(g) APPLICABILITY OF OTHER PROVISIONS.—Sec-
tions 70504 and 70505 of title 46 apply to offenses under 
this section in the same manner as they apply to offenses 
under section 70503 of such title. 
‘‘(h) DEFINITIONS.—In this section, the terms ‘sub-
mersible vessel’, ‘semi-submersible vessel’, ‘vessel of the 
United States’, and ‘vessel without nationality’ have the 
meaning given those terms in section 70502 of title 46.’’. 
(b) CLERICAL AMENDMENT.—The chapter analysis 
for chapter 111 of title 18, United States Code, is amend-
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. 213. 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— 
(A) the use of a submersible vessels or 
semi-submersible vessels 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; 
(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.
Subtitle B—Civil Prohibition 
SEC. 221. 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.’’. 
SEC. 222. 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— 
‘‘(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-
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.—