Drug Trafficking Vessel Interdiction Act of 2008

Bill: 110-s-3598
Sponsor: Sen. Inouye, Daniel K. [D-HI]
Introduced: 2008-09-25 in the Senate
Policy area: Crime and Law Enforcement
Subjects: Administrative procedure
Armed Forces and National Security
Civil actions and liability
Conspiracy
Drug abuse
Drug law enforcement
Drug traffic
Evidence (Law)
Fines (Penalties)
Government Operations and Politics
Identification devices
International Affairs
Jurisdiction
Law
Marine and coastal resources, fisheries
Marine transportation
Navigation
Sentencing guidelines
Ships
Smuggling
Submarines
Territorial waters
Terrorism
Transportation and Public Works
U.S. Sentencing Commission

Summary:
action_date: 2008-09-25
text: 
Drug Trafficking Vessel Interdiction Act of 2008 - Amends the federal criminal code to impose a fine and/or prison term of up to 15 years for knowingly operating or attempting or conspiring to operate by any means, or for embarking in, any submersible 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 avoid detection. Imposes an additional civil fine of up to $1 million for violations.

action_date: 2008-09-25
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Drug Trafficking Vessel Interdiction Act of 2008 - 
Title I: Criminal Prohibition
 - Amends the federal criminal code to impose a fine and/or prison term of up to 15 years for knowingly operating, attempting or conspiring to operate, or embarking in any submersible or semi-submersible vessel that is without nationality in, 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 avoid detection. Grants extraterritorial federal jurisdiction over an offense under this Act. 

Specifies that a claim of nationality or registry under this Act includes only: (1) possession on board the vessel and production of documents evidencing the vessel's nationality as provided in 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 person in charge of the vessel. 

Makes it an affirmative defense to a prosecution under this Act that a vessel operated at the time of a violation was: (1) a vessel of the Untied States or lawfully registered in a foreign nation; (2) classed by and designated in accordance with the rules of a classification society; (3) lawfully operated in a government regulated or licensed activity; or (4) equipped with and using an operable automatic identification system, vessel monitoring system, or a long range identification and tracking system. Specifies the documents required to conclusively prove an affirmative defense.

Directs the U.S. Sentencing Commission to promulgate or amend sentencing guidelines to provide adequate penalties for violating the criminal prohibition imposed by this Act.

Title II: Civil Prohibition
 - Imposes a civil penalty of up to $1 million for a violation of this Act. Allows the same defenses to a civil enforcement proceeding as for a criminal prosecution under this Act.

Defines a &quot;semi-submersible vessel&quot; as any manned or unmanned watercraft constructed or adapted to operate with most of its hull and bulk under the surface of the water. Defines a &quot;submersible vessel&quot; as a manned or unmanned vessel capable of operating completely below the surface of the water.

action_date: 2008-09-29
text: 

 (This measure has not been amended since it was introduced. The expanded summary of the Senate passed version is repeated here.) 

Drug Trafficking Vessel Interdiction Act of 2008 - 
Title I: Criminal Prohibition
 - Amends the federal criminal code to impose a fine and/or prison term of up to 15 years for knowingly operating, attempting or conspiring to operate, or embarking in any submersible or semi-submersible vessel that is without nationality in, 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 avoid detection. Grants extraterritorial federal jurisdiction over an offense under this Act. 

Specifies that a claim of nationality or registry under this Act includes only: (1) possession on board the vessel and production of documents evidencing the vessel's nationality as provided in 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 person in charge of the vessel. 

Makes it an affirmative defense to a prosecution under this Act that a vessel operated at the time of a violation was: (1) a vessel of the Untied States or lawfully registered in a foreign nation; (2) classed by and designated in accordance with the rules of a classification society; (3) lawfully operated in a government regulated or licensed activity; or (4) equipped with and using an operable automatic identification system, vessel monitoring system, or a long range identification and tracking system. Specifies the documents required to conclusively prove an affirmative defense.

Directs the U.S. Sentencing Commission to promulgate or amend sentencing guidelines to provide adequate penalties for violating the criminal prohibition imposed by this Act.

Title II: Civil Prohibition
 - Imposes a civil penalty of up to $1 million for a violation of this Act. Allows the same defenses to a civil enforcement proceeding as for a criminal prosecution under this Act.

Defines a &quot;semi-submersible vessel&quot; as any manned or unmanned watercraft constructed or adapted to operate with most of its hull and bulk under the surface of the water. Defines a &quot;submersible vessel&quot; as a manned or unmanned vessel capable of operating completely below the surface of the water.

action_date: 2008-10-13
text: 

(This measure has not been amended since it was introduced. The expanded summary of the Senate passed version is repeated here.) 

Drug Trafficking Vessel Interdiction Act of 2008 - 
Title I: Criminal Prohibition
 - Amends the federal criminal code to impose a fine and/or prison term of up to 15 years for knowingly operating, attempting or conspiring to operate, or embarking in any submersible or semi-submersible vessel that is without nationality in, 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 avoid detection. Grants extraterritorial federal jurisdiction over an offense under this Act. 

Specifies that a claim of nationality or registry under this Act includes only: (1) possession on board the vessel and production of documents evidencing the vessel's nationality as provided in 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 person in charge of the vessel. 

Makes it an affirmative defense to a prosecution under this Act that a vessel operated at the time of a violation was: (1) a vessel of the Untied States or lawfully registered in a foreign nation; (2) classed by and designated in accordance with the rules of a classification society; (3) lawfully operated in a government regulated or licensed activity; or (4) equipped with and using an operable automatic identification system, vessel monitoring system, or a long range identification and tracking system. Specifies the documents required to conclusively prove an affirmative defense.

Directs the U.S. Sentencing Commission to promulgate or amend sentencing guidelines to provide adequate penalties for violating the criminal prohibition imposed by this Act.

Title II: Civil Prohibition
 - Imposes a civil penalty of up to $1 million for a violation of this Act. Allows the same defenses to a civil enforcement proceeding as for a criminal prosecution under this Act.

Defines a &quot;semi-submersible vessel&quot; as any manned or unmanned watercraft constructed or adapted to operate with most of its hull and bulk under the surface of the water. Defines a &quot;submersible vessel&quot; as a manned or unmanned vessel capable of operating completely below the surface of the water.


Legislative actions:
action_date: 2008-10-13
text: Became Public Law No: 110-407.
action_date: 2008-10-13
text: Became Public Law No: 110-407.
action_date: 2008-10-13
text: Signed by President.
action_date: 2008-10-13
text: Signed by President.
action_date: 2008-10-03
text: Presented to President.
action_date: 2008-10-03
text: Presented to President.
action_date: 2008-09-29
text: Cleared for White House.
action_date: 2008-09-29
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2008-09-29
text: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR 9/27/2008 H10251-10252)
action_date: 2008-09-29
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR 9/27/2008 H10251-10252)
action_date: 2008-09-29
text: Considered as unfinished business. (consideration: CR H10631)
action_date: 2008-09-27
text: At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Smith (TX) objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.
action_date: 2008-09-27
text: DEBATE - The House proceeded with forty minutes of debate on S. 3598.
action_date: 2008-09-27
text: Considered under suspension of the rules. (consideration: CR H10251-10254)
action_date: 2008-09-27
text: Mr. Conyers moved to suspend the rules and pass the bill.
action_date: 2008-09-26
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2008-09-26
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2008-09-26
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2008-09-26
text: Message on Senate action sent to the House.
action_date: 2008-09-26
text: Received in the House.
action_date: 2008-09-25
text: Introduced in the Senate, read twice, considered, read the third time, and passed without amendment by Unanimous Consent. (consideration: CR S9553-9554; text as passed Senate: CR S9553-9554)
action_date: 2008-09-25
text: Passed/agreed to in Senate: Introduced in the Senate, read twice, considered, read the third time, and passed without amendment by Unanimous Consent.(consideration: CR S9553-9554; text as passed Senate: CR S9553-9554)
action_date: 2008-09-25
text: Introduced in Senate

Enacted as: number: 110-407