[Congressional Record (Bound Edition), Volume 156 (2010), Part 12]
[Senate]
[Pages 17228-17229]
[From the U.S. 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

[[Page 17229]]

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:

  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 Impacta        0        0        0        0        0        0        0        0        0        0        0         0         0/
--------------------------------------------------------------------------------------------------------------------------------------------------------
aTitle 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.

                          ____________________