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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Drug Trafficking Vessel Interdiction 
Act of 2008''.

                     TITLE I--CRIMINAL PROHIBITION

SEC. 101. FINDINGS AND DECLARATIONS.

    Congress finds and declares that operating or embarking 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 presents a specific threat to the safety of maritime 
navigation and the security of the United States.

SEC. 102. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL 
              WITHOUT NATIONALITY.

    (a) In General.--Chapter 111 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2285. Operation of submersible vessel or semi-submersible vessel 
              without nationality
    ``(a) Offense.--Whoever knowingly operates, or attempts 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 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 detection, shall be fined under this title, 
imprisoned not more than 15 years, or both.
    ``(b) Evidence of Intent To Evade Detection.--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 production 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 lawfully 
                registered in a foreign nation as claimed by the master 
                or individual in charge of the vessel when requested to 
                make a claim by an officer of the United States 
                authorized to enforce applicable provisions of United 
                States law;
                    ``(B) classed by and designed in accordance with 
                the rules of a classification society;
                    ``(C) lawfully operated in government-regulated or 
                licensed activity, including commerce, research, or 
                exploration; or
                    ``(D) equipped with and using an operable automatic 
                identification system, vessel monitoring system, or 
                long range identification and tracking system.
            ``(2) Production of documents.--The affirmative 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 completion of 
                relevant classification surveys and valid at the time 
                of the offense; or
                    ``(C) government documents evidencing licensure, 
                regulation, or registration for commerce, 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 Government.
    ``(g) Applicability of Other Provisions.--Sections 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 `submersible 
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 amended by inserting after the item 
relating to section 2284 the following:

``2285. Operation of submersible vessel or semi-submersible vessel 
                            without nationality.''.

SEC. 103. SENTENCING GUIDELINES.

    (a) In General.--Pursuant to its authority under section 994(p) of 
title 28, United States Code, and in accordance with this section, the 
United States Sentencing Commission shall promulgate sentencing 
guidelines (including policy statements) or amend existing sentencing 
guidelines (including policy statements) to provide adequate penalties 
for persons convicted of knowingly operating by any means or embarking 
in any submersible vessel 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 offense 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, including--
                    (A) the use of a submersible vessel or semi-
                submersible vessel described in section 2285 of title 
                18, United States Code, to facilitate other felonies;
                    (B) the repeated use of a submersible vessel or 
                semi-submersible vessel described in section 2285 of 
                title 18, United States Code, to facilitate other 
                felonies, including whether such use is part of an 
                ongoing criminal organization or enterprise;
                    (C) whether the use of such a vessel involves a 
                pattern of continued and flagrant violations of section 
                2285 of title 18, United States Code;
                    (D) whether the persons operating or embarking in a 
                submersible vessel or semi-submersible vessel willfully 
                caused, attempted to cause, or permitted the 
                destruction or damage of such vessel or failed to heave 
                to when directed by law enforcement officers; and
                    (E) circumstances for which the sentencing 
                guidelines (and policy statements) provide sentencing 
                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.

                      TITLE II--CIVIL PROHIBITION

SEC. 201. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL 
              WITHOUT NATIONALITY.

    (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 international problem, facilitates 
        transnational crime, including drug trafficking, and terrorism, 
        and presents a specific threat to the safety of maritime 
        navigation and the security of the United States.''.

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:
``Sec. 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 detection
    ``(b) Evidence of Intent To Evade Detection.--In any civil 
enforcement proceeding for a violation 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) may be 
considered, 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 lawfully 
                registered in a foreign nation as claimed by the master 
                or individual in charge of the vessel when requested to 
                make a claim by an officer of the United States 
                authorized to enforce applicable provisions of United 
                States law;
                    ``(B) classed by and designed in accordance with 
                the rules of a classification society;
                    ``(C) lawfully operated in government-regulated or 
                licensed activity, including commerce, research, or 
                exploration; or
                    ``(D) equipped with and using an operable automatic 
                identification system, vessel monitoring system, or 
                long range identification and tracking system.
            ``(2) Production of documents.--The 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 completion of 
                relevant classification surveys and valid at the time 
                of the offense; or
                    ``(C) government documents evidencing licensure, 
                regulation, or registration for research or 
                exploration.
    ``(d) Civil Penalty.--A person violating this section 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 following:

``70508. Operation of submersible vessel or semi-submersible vessel 
                            without nationality.''.
            (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 inserting ``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:
    ``(f) Semi-Submersible Vessel; Submersible Vessel.--In this 
chapter:
            ``(1) Semi-submersible vessel.--The term `semi-submersible 
        vessel' means any watercraft constructed 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 `submersible vessel' 
        means a vessel that is capable of operating completely below 
        the surface of the water, including both manned and unmanned 
        watercraft.''.
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.

SECTION 1. ENCOURAGING THE PREPARATION OF TANF RECIPIENTS FOR HIGH-
              SKILL, HIGH-DEMAND JOBS.

    (a) In General.--Section 407(c)(2)(D) of the Social Security Act 
(42 U.S.C. 607(c)(2)(D)) is amended to read as follows:
                    ``(D) Limitation on number of persons who may be 
                treated as engaged in work by reason of participation 
                in educational activities.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), for purposes of paragraphs 
                        (1)(B)(i) and (2)(B) of subsection (b), not 
                        more than 30 percent of the number of 
                        individuals in all families in a State who are 
                        treated as engaged in work for a month may 
                        consist of individuals who are--
                                    ``(I) determined to be engaged in 
                                work for the month by reason of 
                                participation in vocational educational 
                                training (but only with respect to such 
                                training that does not exceed 12 months 
                                with respect to any individual); or
                                    ``(II) deemed to be engaged in work 
                                for the month by reason of subparagraph 
                                (C) of this paragraph.
                            ``(ii) Exception for education in 
                        preparation for sector-specific, high-skill 
                        occupations to meet employer demand.--
                                    ``(I) In general.--Notwithstanding 
                                clause (i) and subsection (d)(8), for 
                                purposes of determining monthly 
                                participation rates under paragraphs 
                                (1)(B)(i) and (2)(B) of subsection (b) 
                                with respect to an individual who is 
                                enrolled, in preparation for a sector-
                                specific, high-skill occupation to meet 
                                employer demand (as defined in 
                                subclause (II)), in a postsecondary 2- 
                                or 4-year degree program or in 
                                vocational educational training--
                                            ``(aa) the State may count 
                                        the number of hours per week 
                                        that the individual attends 
                                        such program or training for 
                                        purposes of determining the 
                                        number of hours for which a 
                                        family is engaged in work for 
                                        the month without regard to the 
                                        30 percent limitation under 
                                        clause (i); and
                                            ``(bb) the individual shall 
                                        be permitted to complete the 
                                        requirements of the degree 
                                        program or vocational 
                                        educational training within the 
                                        normal time frame for full-time 
                                        students seeking the particular 
                                        degree or completing such 
                                        vocational educational 
                                        training.
                                    ``(II) Sector-specific, high-skill 
                                occupation to meet employer demand 
                                defined.--In subclause (I), the term 
                                `sector-specific, high-demand, high-
                                skill occupation to meet employer 
                                demand' means an occupation--
                                            ``(aa) that has been 
                                        identified by the State 
                                        workforce investment board 
                                        established under section 111 
                                        of the Workforce Investment Act 
                                        of 1998 (29 U.S.C. 2821) as 
                                        within the needs of the State 
                                        with regard to current and 
                                        projected employment 
                                        opportunities in specific 
                                        industry sectors or that has 
                                        been defined by the State 
                                        agency administering the State 
                                        program funded under this part 
                                        as within the needs of the 
                                        State with regard to current 
                                        and projected employment 
                                        opportunities in specific 
                                        industry sectors and is 
                                        consistent with high demand 
                                        jobs identified in the State 
                                        plan in accordance with section 
                                        402(a)(1)(A)(vii);
                                            ``(bb) that requires 
                                        occupational training; and
                                            ``(cc) that provides a wage 
                                        of at least 75 percent of the 
                                        State median hourly wage, as 
                                        calculated by the Bureau of 
                                        Labor Statistics on the basis 
                                        of the most recent Occupational 
                                        Employment and Wage Survey.''.
    (b) Conforming State Plan Amendment.--Section 402(a)(1)(B) of the 
Social Security Act (42 U.S.C. 602(a)(1)(B)) is amended by adding at 
the end the following:
                            ``(vii) The document shall describe any 
                        strategies and programs the State plans to use 
                        to address employment placement, retention, and 
                        advancement for recipients of assistance under 
                        the program, including placement into high-
                        demand jobs and whether such jobs are 
                        identified using labor market information.''.
    (c) Effective Date.--The amendments made by this section take 
effect on October 1, 2005.
Revises the mandatory work requirements of part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act with respect to the limitation on the number of persons in a state who may be treated as engaged in work by reason of participation in educational activities. Removes two-parent families from the formula for such limitation. Creates an exception to the limitation for education in preparation for sector-specific, high-skill occupations to meet employer demand.

Defines sector-specific, high-demand, high-skill occupation to meet employer demand as an occupation that: (1) has been identified by the state workforce investment board or by the state agency administering the state TANF program as within state needs with regard to current and projected employment opportunities in specific industry sectors; (2) requires occupational training; and (3) provides a wage of at least 75 percent of the state median hourly wage.

SECTION 1. FINDINGS.

    The Congress finds the following:
            (1) Professor Peter F. Drucker, the father of modern 
        management, is one of the most influential and widely read 
        philosophers and writers on modern organizations and 
        management.
            (2) Peter F. Drucker was born in Vienna, Austria, was 
        educated there and in England, earned a doctorate in public and 
        international law while working as a newspaper reporter in 
        Frankfurt, Germany, and then worked as an economist at an 
        international bank in London.
            (3) In 1937, Peter F. Drucker came to the United States and 
        published his first book, ``The End of Economic Man'', in 1939.
            (4) Peter F. Drucker's management books include--
                    (A) ``The Practice of Management'' (1954);
                    (B) ``The Effective Executive'' (1967);
                    (C) ``Management: Tasks, Responsibilities, 
                Practices'' (1974);
                    (D) ``Managing in Turbulent Times'' (1980);
                    (E) ``Innovation and Entrepreneurship'' (1985); and
                    (F) others that are international best sellers and 
                have been translated into more than 20 languages.
            (5) Peter F. Drucker has also written--
                    (A) an important analysis of economics, politics, 
                and society;
                    (B) an autobiography called Adventures of a 
                Bystander (1978);
                    (C) two novels; and
                    (D) several volumes of essays.
            (6) Peter F. Drucker has been a frequent contributor to 
        various magazines and journals over the years and is an 
        editorial columnist for The Wall Street Journal.
            (7) Peter F. Drucker's latest book, Managing the Non-Profit 
        Organization, was published in November 1990.
            (8) Over the course of six decades, Drucker has become the 
        most sought-after advisor to the chief executive officers of 
        major corporations.
            (9) Peter F. Drucker invented the term ``management by 
        objectives'' and helped develop objective measures for pay and 
        promotion.
            (10) Peter F. Drucker identified the importance of the 
        ``knowledge worker''--the elite of the white-collar workforce--
        earlier than almost anyone else.
            (11) Peter F. Drucker began as a professor of politics and 
        philosophy at Bennington College.
            (12) For more than 20 years, Peter F. Drucker was a 
        professor of management at the former Graduate Business School 
        of New York University.
            (13) Since 1979, Peter F. Drucker has been Marie Rankin 
        Clarke Professor of Social Science and Management at the Peter 
        F. Drucker Graduate School of Management of the Claremont 
        Graduate University in Claremont, California.
            (14) Peter F. Drucker's distinguished career has helped to 
        revolutionize management both in theory and in practice.
            (15) Peter F. Drucker's ability to grasp new ideas was 
        crystallized in the role he played helping General Electric's 
        jet engine division revolutionize the commercial aircraft 
        business, helping General Electric's jet-engine executives, 
        ``all of whom were technically oriented, most of whom came out 
        of the military, understand the value system of potential 
        customers.''
            (16) Peter F. Drucker's contributions to the world of 
        management have revolutionized the techniques modern businesses 
        are using to move ahead as well as strengthened the foundations 
        on which those businesses are built.

SEC. 2. CONGRESSIONAL GOLD MEDAL.

    (a) Presentation Authorized.--The President is authorized to 
present, on behalf of the Congress, a gold medal of appropriate design 
to Peter F. Drucker, in recognition of his accomplishments as a 
journalist, a writer, an economist, and a philosopher.
    (b) Design and Striking.--For the purpose of the presentation 
referred to in subsection (a), the Secretary of the Treasury 
(hereinafter in this Act referred to as the ``Secretary'') shall strike 
a gold medal with suitable emblems, devices, and inscriptions, to be 
determined by the Secretary.

SEC. 3. DUPLICATE MEDALS.

    Under such regulations as the Secretary may prescribe, the 
Secretary may strike and sell duplicates in bronze of the gold medal 
struck under section 2 at a price sufficient to cover the costs of the 
bronze medals (including labor, materials, dies, use of machinery, and 
overhead expenses) and the cost of the gold medal.

SEC. 4. NATIONAL MEDALS.

    The medals struck under this Act are national medals for purposes 
of chapter 51 of title 31, United States Code.

SEC. 5. FUNDING AND PROCEEDS OF SALE.

    (a) Authorization.--There is hereby authorized to be charged 
against the United States Mint Public Enterprise Fund an amount not to 
exceed $30,000 to pay for the cost of the medals authorized by this 
Act.
    (b) Proceeds of Sale.--Amounts received from the sale of duplicate 
bronze medals under section 3 shall be deposited in the United States 
Mint Public Enterprise Fund.

Authorizes the Secretary of the Treasury to strike and sell bronze duplicates. Requires deposit of sale proceeds in the United States Mint Public Enterprise Fund.