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H.R. 3619 (111th): Coast Guard Authorization Act of 2010

The text of the bill below is as of Sep 29, 2010 (Passed the Senate with an Amendment).


HR 3619 EAS2

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 [Struck out->][ Individuals Qualified as Able Seamen- Offshore ][<-Struck out] 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

SENATE AMENDMENTS TO HOUSE AMENDMENT TO SENATE AMENDMENT