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.
(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.
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 1116 under authority of the order of the Senate of 11/17/2008.
Received in the House.
Message on Senate action sent to the House.
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.
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.
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.
Mr. Conyers moved to suspend the rules and pass the bill.
Considered under suspension of the rules. (consideration: CR H10251-10254)
DEBATE - The House proceeded with forty minutes of debate on S. 3598.
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.
Enacted as Public Law 110-407
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For Further Action See S.3598.
Considered as unfinished business. (consideration: CR H10631)
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)
On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR 9/27/2008 H10251-10252)
Motion to reconsider laid on the table Agreed to without objection.
Cleared for White House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 110-407.
Became Public Law No: 110-407.