Drug Trafficking Vessel Interdiction Act of 2008
PL 110-407 (S.3598), enacted 10/13/2008

122 STAT. 4296 
PUBLIC LAW 110–407—OCT. 13, 2008 
Public Law 110–407 
110th Congress 
An Act 
To amend titles 46 and 18, United States Code, with respect to the operation 
of submersible vessels and semi-submersible vessels without nationality. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Drug Trafficking Vessel Interdic-
tion 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 ter-
rorism, 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-SUBMERS-
IBLE 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: 
‘‘§ 2285. OPERATION OF SUBMERSIBLE VESSEL OR SEMI- 
SUBMERSIBLE VESSEL WITHOUT NATION-
ALITY. 
‘‘(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. 
18 USC 2285 
note. 
18 USC 1 note. 
Drug Trafficking 
Vessel 
Interdiction Act 
of 2008. 
Oct. 13, 2008 
[S. 3598] 
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122 STAT. 4297 
PUBLIC LAW 110–407—OCT. 13, 2008 
‘‘(d) CLAIM OF NATIONALITY OR REGISTRY.—A claim of nation-
ality or registry under this section includes only— 
‘‘(1) possession on board the vessel and production of docu-
ments 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 prosecu-
tion 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 explo-
ration; 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 classifica-
tion surveys and valid at the time of the offense; or 
‘‘(C) government documents evidencing licensure, regu-
lation, or registration for commerce, research, or explo-
ration. 
‘‘(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.’’. 
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122 STAT. 4298 
PUBLIC LAW 110–407—OCT. 13, 2008 
(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 nation-
ality’’. 
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 sen-
tencing guidelines (including policy statements) or amend existing 
sentencing guidelines (including policy statements) to provide ade-
quate 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 state-
ments 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 organiza-
tion 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 direc-
tives, 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 state-
ments adequately meet the purposes of sentencing set forth 
in section 3553(a)(2) of title 18, United States Code. 
28 USC 994 note. 
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122 STAT. 4299 
PUBLIC LAW 110–407—OCT. 13, 2008 
TITLE II—CIVIL PROHIBITION 
SEC. 201. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERS-
IBLE 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) oper-
ating 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 spe-
cific 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: 
‘‘§ 70508. Operation of submersible vessel or semi-submers-
ible 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 explo-
ration; 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; 
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122 STAT. 4300 
PUBLIC LAW 110–407—OCT. 13, 2008 
LEGISLATIVE HISTORY—S. 3598 (H.R. 6295): 
CONGRESSIONAL RECORD, Vol. 154 (2008): 
Sept. 25, considered and passed Senate. 
Sept. 27, 29, considered and passed House. 
‘‘(B) a certificate of classification issued by the vessel’s 
classification society upon completion of relevant classifica-
tion surveys and valid at the time of the offense; or 
‘‘(C) government documents evidencing licensure, regu-
lation, 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 nation-
ality’’. 
(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-submers-
ible 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.’’. 
Approved October 13, 2008. 
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