[Congressional Record Volume 156, Number 133 (Wednesday, September 29, 2010)]
[House]
[Pages H7383-H7384]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      COAST GUARD AUTHORIZATION ACT FOR FISCAL YEARS 2010 AND 2011

  Mr. OBERSTAR. Mr. Speaker, I ask unanimous consent to take from the 
Speaker's table the bill (H.R. 3619) to authorize appropriations for 
the Coast Guard for fiscal year 2010, and for other purposes, with the 
Senate amendments to the House amendment to the Senate amendment 
thereto, and concur in the Senate amendments to the House amendment to 
the Senate amendment.
  The Clerk read the title of the bill.
  The Clerk read the Senate amendments to the House amendment to the 
Senate amendment, as follows:

       Senate amendments to House amendment to Senate amendment:
       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

[[Page H7384]]

     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 SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Minnesota?
  Mr. YOUNG of Alaska. Mr. Speaker, reserving the right to object, and 
I will not object, I yield to the gentleman from Minnesota, chairman of 
the Committee on Transportation and Infrastructure, to explain the 
legislation.
  Mr. OBERSTAR. I thank the gentleman for yielding and compliment the 
gentleman from Alaska, Mr. Speaker, for his decades of advocacy for and 
in support of the United States Coast Guard.
  My unanimous consent request to agree to H.R. 3619 with the Senate 
amendments corrects two errors in the drafting of H.R. 3619, the Coast 
Guard Authorization Act of 2010, which passed the House last night on a 
voice vote.
  If the gentleman would allow, I would further yield to Chairman 
Cummings to explain in a couple of paragraphs the substance.
  Mr. YOUNG of Alaska. I yield to the gentleman from Maryland.
  Mr. CUMMINGS. I thank the gentleman for yielding.
  The Senate Judiciary Committee raised concerns about the drafting of 
section 917, which enhanced criminal penalties for individuals who fail 
to follow Coast Guard orders to ``heave to'' and stop their boat when 
they are smuggling people into the United States or when the incident 
results in a death, an attempt to kill, or a kidnapping. The Senate 
amendment clarifies those penalties and corrects cross-references in 
the original bill.
  The other concern raised by the Senate Judiciary Committee is if the 
Coast Guard uses the subpoena authority in this act without 
coordinating that action with the Attorney General, it could compromise 
a criminal investigation. The Senate amendment addresses that concern 
by requiring the Coast Guard to coordinate its subpoenas under this act 
with the Attorney General.
  Mr. YOUNG of Alaska. Mr. Speaker, I want to compliment the chairmen 
of the full committee and subcommittee on this legislation. It is 
vitally important to the State of Alaska and to the Coast Guard.
  Mr. Speaker, I withdraw my reservation of objection.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Minnesota?
  There was no objection.
  A motion to reconsider was laid on the table.

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