[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3619 Engrossed Amendment Senate (EAS)]

                  In the Senate of the United States,

                                                    September 29, 2010.
    Resolved, That the Senate agrees to the the House of 
Representatives amendment to the title of the bill (H.R. 3619) entitled 
``An Act to authorize appropriations for the Coast Guard for fiscal 
year 2011, and for other purposes.''.
    Resolved, That the Senate concurs in the House of Representatives 
amendment to the above-entitled bill, with the following

       SENATE AMENDMENTS TO HOUSE AMENDMENT TO SENATE AMENDMENT:

(1)In section 617(b), in the quoted subsection (d), strike [Individuals 
Qualified as Able Seamen.--Offshore] and insert Individuals qualified 
as able seamen--offshore.

(2)Strike section 917 and insert the following:

``SEC. 917. MARITIME LAW ENFORCEMENT.

    ``(a) Penalties.--Subsection (b) of section 2237 of title 18, 
United States Code, is amended to read as follows:
    ```(b)(1) Except as otherwise provided in this subsection, whoever 
knowingly violates subsection (a) shall be fined under this title or 
imprisoned for not more than 5 years, or both.
    ```(2)(A) If the offense is one under paragraph (1) or (2)(A) of 
subsection (a) and has an aggravating factor set forth in subparagraph 
(B) of this paragraph, the offender shall be fined under this title or 
imprisoned for any term of years or life, or both.
    ```(B) The aggravating factor referred to in subparagraph (A) is 
that the offense--
            ```(i) results in death; or
            ```(ii) involves--
                    ```(I) an attempt to kill;
                    ```(II) kidnapping or an attempt to kidnap; or
                    ```(III) an offense under section 2241.
    ```(3) If the offense is one under paragraph (1) or (2)(A) of 
subsection (a) and results in serious bodily injury (as defined in 
section 1365), the offender shall be fined under this title or 
imprisoned for not more than 15 years, or both.
    ```(4) If the offense is one under paragraph (1) or (2)(A) of 
subsection (a), involves knowing transportation under inhumane 
conditions, and is committed in the course of a violation of section 
274 of the Immigration and Nationality Act, or chapter 77 or section 
113 (other than under subsection (a)(4) or (a)(5) of such section) or 
117 of this title, the offender shall be fined under this title or 
imprisoned for not more than 15 years, or both.'.
    ``(b) Definition.--Section 2237(e) of title 18, United States Code, 
is amended--
            ``(1) by amending paragraph (3) to read as follows:
            ```(3) the term ``vessel subject to the jurisdiction of the 
        United States'' has the meaning given the term in section 70502 
        of title 46;';
            ``(2) in paragraph (4), by striking `section 2 of the 
        Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903).' and 
        inserting ``section 70502 of title 46; and'; and
            ``(3) by adding at the end the following new paragraph:
            ```(5) the term ``transportation under inhumane 
        conditions'' means--
                    ```(A) transportation--
                            ```(i) of one or more persons in an engine 
                        compartment, storage compartment, or other 
                        confined space;
                            ```(ii) at an excessive speed; or
                            ```(iii) of a number of persons in excess 
                        of the rated capacity of the vessel; or
                    ```(B) intentional grounding of a vessel in which 
                persons are being transported.'.''.

(3)Strike section 1032(b) and insert the following:
    ``(b) Violations; Subpoenas.--
            ``(1) In general.--In any investigation under this section, 
        the Secretary may issue a subpoena to require the attendance of 
        a witness or the production of documents or other evidence if--
                    ``(A) before the issuance of the subpoena, the 
                Secretary requests a determination by the Attorney 
                General of the United States as to whether the subpoena 
                will interfere with a criminal investigation; and
                    ``(B) the Attorney General--
                            ``(i) determines that the subpoena will not 
                        interfere with a criminal investigation; or
                            ``(ii) fails to make a determination under 
                        clause (i) before the date that is 30 days 
                        after the date on which the Secretary makes a 
                        request under subparagraph (A).
            ``(2) Enforcement.--In the case of refusal to obey a 
        subpoena issued to any person under this subsection, the 
        Secretary may request the Attorney General to invoke the aid of 
        the appropriate district court of the United States to compel 
        compliance.''.

(4)Strike section 1033(a)(2) and insert the following:
            ``(2) Subpoenas.--
                    ``(A) In general.--In any investigation under this 
                section, the Administrator may issue a subpoena to 
                require the attendance of a witness or the production 
                of documents or other evidence if--
                            ``(i) before the issuance of the subpoena, 
                        the Administrator requests a determination by 
                        the Attorney General of the United States as to 
                        whether the subpoena will interfere with a 
                        criminal investigation; and
                            ``(ii) the Attorney General--
                                    ``(I) determines that the subpoena 
                                will not interfere with a criminal 
                                investigation; or
                                    ``(II) fails to make a 
                                determination under subclause (I) 
                                before the date that is 30 days after 
                                the date on which the Administrator 
                                makes a request under clause (i).
                    ``(B) Enforcement.--In the case of refusal to obey 
                a subpoena issued to any person under this paragraph, 
                the Administrator may request the Attorney General to 
                invoke the aid of the appropriate district court of the 
                United States to compel compliance.''.

            Attest:

                                                             Secretary.
111th CONGRESS

  2d Session

                               H.R. 3619

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        SENATE AMENDMENTS TO HOUSE AMENDMENT TO SENATE AMENDMENT