text: 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:
  
  ``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:
  
  ``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.''.
  
                                 Speaker of the House of Representatives.
  
                              Vice President of the United States and    
                                                 President of the Senate.
target: (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 "semi-submersible vessel" 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 "submersible vessel" as a manned or unmanned vessel capable of operating completely below the surface of the water.
feat_title: A bill to amend titles 46 and 18, United States Code, with respect to the operation of submersible vessels and semi-submersible vessels without nationality.