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 Ω1æIn section 617(b), in the quoted subsection (d), strike 

2 øINDIVIDUALS QUALIFIED AS ABLE SEAMEN.—Offshore¿ 

3 and insert Individuals qualified as able seamen—offshore. 

4 Ω2æStrike section 917 and insert the following: 

5 ‘‘SEC. 917. MARITIME LAW ENFORCEMENT. 

6 ‘‘(a) PENALTIES.—Subsection (b) of section 2237 of 

7 title 18, United States Code, is amended to read as follows: 
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1 ‘‘‘(b)(1) Except as otherwise provided in this sub2 section, whoever knowingly violates subsection (a) shall be 

3 fined under this title or imprisoned for not more than 5 

4 years, or both. 

5 ‘‘‘(2)(A) If the offense is one under paragraph (1) or 

6 (2)(A) of subsection (a) and has an aggravating factor set 

7 forth in subparagraph (B) of this paragraph, the offender 

8 shall be fined under this title or imprisoned for any term 

9 of years or life, or both. 

10 ‘‘‘(B) The aggravating factor referred to in subpara11 graph (A) is that the offense— 

12 ‘‘‘(i) results in death; or 

13 ‘‘‘(ii) involves— 

14 ‘‘‘(I) an attempt to kill; 

15 ‘‘‘(II) kidnapping or an attempt to kidnap; 

16 or 

17 ‘‘‘(III) an offense under section 2241. 

18 ‘‘‘(3) If the offense is one under paragraph (1) or 

19 (2)(A) of subsection (a) and results in serious bodily injury 

20 (as defined in section 1365), the offender shall be fined 

21 under this title or imprisoned for not more than 15 years, 

22 or both. 

23 ‘‘‘(4) If the offense is one under paragraph (1) or 

24 (2)(A) of subsection (a), involves knowing transportation 

25 under inhumane conditions, and is committed in the course 
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1 of a violation of section 274 of the Immigration and Na2 tionality Act, or chapter 77 or section 113 (other than 

3 under subsection (a)(4) or (a)(5) of such section) or 117 

4 of this title, the offender shall be fined under this title or 

5 imprisoned for not more than 15 years, or both.’. 

6 ‘‘(b) DEFINITION.—Section 2237(e) of title 18, United 

7 States Code, is amended— 

8 ‘‘(1) by amending paragraph (3) to read as fol9 lows: 

10 ‘‘‘(3) the term ‘‘vessel subject to the jurisdiction 

11 of the United States’’ has the meaning given the term 

12 in section 70502 of title 46;’; 

13 ‘‘(2) in paragraph (4), by striking ‘section 2 of 

14 the Maritime Drug Law Enforcement Act (46 U.S.C. 

15 App. 1903).’ and inserting ‘‘section 70502 of title 46; 

16 and’; and 

17 ‘‘(3) by adding at the end the following new 

18 paragraph: 

19 ‘‘‘(5) the term ‘‘transportation under inhumane 

20 conditions’’ means— 

21 ‘‘‘(A) transportation— 

22 ‘‘‘(i) of one or more persons in an en23 gine compartment, storage compartment, or 

24 other confined space; 

25 ‘‘‘(ii) at an excessive speed; or 
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1 ‘‘‘(iii) of a number of persons in excess 

2 of the rated capacity of the vessel; or 

3 ‘‘‘(B) intentional grounding of a vessel in 

4 which persons are being transported.’.’’. 

5 Ω3æStrike section 1032(b) and insert the following: 

6 ‘‘(b) VIOLATIONS; SUBPOENAS.— 

7 ‘‘(1) IN GENERAL.—In any investigation under 

8 this section, the Secretary may issue a subpoena to 

9 require the attendance of a witness or the production 

10 of documents or other evidence if— 

11 ‘‘(A) before the issuance of the subpoena, the 

12 Secretary requests a determination by the Attor13 ney General of the United States as to whether 

14 the subpoena will interfere with a criminal in15 vestigation; and 

16 ‘‘(B) the Attorney General— 

17 ‘‘(i) determines that the subpoena will 

18 not interfere with a criminal investigation; 

19 or 

20 ‘‘(ii) fails to make a determination 

21 under clause (i) before the date that is 30 

22 days after the date on which the Secretary 

23 makes a request under subparagraph (A). 

24 ‘‘(2) ENFORCEMENT.—In the case of refusal to 

25 obey a subpoena issued to any person under this sub-
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1 section, the Secretary may request the Attorney Gen2 eral to invoke the aid of the appropriate district court 

3 of the United States to compel compliance.’’. 

4 Ω4æStrike section 1033(a)(2) and insert the following: 

5 ‘‘(2) SUBPOENAS.— 

6 ‘‘(A) IN GENERAL.—In any investigation 

7 under this section, the Administrator may issue 

8 a subpoena to require the attendance of a witness 

9 or the production of documents or other evidence 

10 if— 

11 ‘‘(i) before the issuance of the sub12 poena, the Administrator requests a deter13 mination by the Attorney General of the 

14 United States as to whether the subpoena 

15 will interfere with a criminal investigation; 

16 and 

17 ‘‘(ii) the Attorney General— 

18 ‘‘(I) determines that the subpoena 

19 will not interfere with a criminal in20 vestigation; or 

21 ‘‘(II) fails to make a determina22 tion under subclause (I) before the date 

23 that is 30 days after the date on which 

24 the Administrator makes a request 

25 under clause (i). 
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1 ‘‘(B) ENFORCEMENT.—In the case of refusal 

2 to obey a subpoena issued to any person under 

3 this paragraph, the Administrator may request 

4 the Attorney General to invoke the aid of the ap5 propriate district court of the United States to 

6 compel compliance.’’. 

Attest: 

Secretary. 

111TH CONGRESS 

2D SESSION H.R. 3619 

SENATE AMENDMENTS TO 

HOUSE AMENDMENT TO 

SENATE AMENDMENT