[Congressional Record (Bound Edition), Volume 156 (2010), Part 12] [House] [Pages 17163-17164] [From the U.S. Government Publishing Office, www.gpo.gov]COAST GUARD AUTHORIZATION ACT OF 2010 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 2011, 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 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. [[Page 17164]] 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. ____________________