[Congressional Record Volume 156, Number 133 (Wednesday, September 29, 2010)]
[Senate]
[Pages S7718-S7719]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COAST GUARD AUTHORIZATION ACT FOR FISCAL YEARS 2010 AND 2011
Ms. CANTWELL. Mr. President, I ask the Chair to lay before the Senate
a message from the House with respect to H.R. 3619, the Coast Guard
Authorization Act.
The PRESIDING OFFICER laid before the Senate a message from the House
as follows:
Resolved, That the House agree to the amendment of the
Senate to the bill (H.R. 3619) entitled ``An Act to authorize
appropriations for the Coast Guard for fiscal year 2010, and
for other purposes, with amendments.''
Ms. CANTWELL. I move to concur in the House amendments with
amendments, and I ask unanimous consent that at the appropriate time, a
budgetary pay-go statement be read; further, that the motion to concur
in the House amendments with amendments be agreed to, the motion to
reconsider be laid upon the table, with no intervening action or
debate, and any statement related to the bill be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 4684) was agreed to, as follows:
(Purpose: To make certain conforming amendments)
In section 617(b), in the quoted subsection (d), strike
``Individuals Qualified as Able Seamen.--Offshore'' and
insert ``Individuals qualified as able seamen--offshore''.
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.'.''.
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.''.
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.''.
The PRESIDING OFFICER. The clerk will read the pay-go statement.
The assistant legislative clerk read as follows:
Mr. CONRAD. After consultation with the chairman of the House Budget
Committee, and on behalf of both of us, I hereby submit this Statement
of Budgetary Effects of PAYGO Legislation for H.R. 3619, as amended.
Total Budgetary Effects of H.R. 3619 for the 5-year
Statutory PAYGO Scorecard: $0.
Total Budgetary Effects of H.R. 3619 for the 10-year
Statutory PAYGO Scorecard: $0.
Also submitted for the Record as part of this statement is a table
prepared by the Congressional Budget Office, which provides additional
information on the budgetary effects of this Act, as follows:
[[Page S7719]]
CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR H.R. 3619, THE COAST GUARD AUTHORIZATION ACT OF 2010, AS AMENDED, AND AS FURTHER AMENDED BY A
DRAFT SENATE AMENDMENT (``JEN10924'') AS PROVIDED TO CBO BY THE SENATE BUDGET COMMITTEE ON SEPTEMBER 29, 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------------------------------------------------------------------
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2010-2015 2010-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
Net Increase or Decrease (-) in the Deficit
Statutory Pay-As-You-Go Impact 0 0 0 0 0 0 0 0 0 0 0 0 0/
a.............................
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a Title VI of H.R. 3619 would authorize the U.S. Coast Guard (USCG) to extend certain expiring marine licenses, certificates of registry, and merchant
mariners' documents. Because the extension could delay the collection of fees charged for renewal of such documents, enacting this provision could
reduce offsetting receipts over the next year or two. Some of those receipts may be spent without further appropriation, however, to cover collection
costs. CBO estimates that the net effect on direct spending from enacting this provision would be insignificant.
Title X of the legislation would establish new criminal and civil penalties. CBO estimates that any new revenues resulting from those penalties or
related direct spending (of criminal penalties from the Crime Victims Fund) would be less than $500,000 a year.
Other provisions of H.R. 3619 would direct the USCG to donate certain real and personal property to local governments or other nonfederal entities. CBO
expects that, under current law, nearly all of that property would either be retained by the USCG or eventually given to other federal or nonfederal
entities; therefore, donating those assets under the legislation would result in no significant loss of offsetting receipts.
Ms. CANTWELL. Mr. President, I see the leader is on the Senate floor,
and I will defer to him before making a statement about the
legislation.
The PRESIDING OFFICER. The majority leader.
Mr. REID. Mr. President, I appreciate very much my friend allowing me
to get some of this housekeeping stuff out of the way.
____________________