[Page S7758]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4684. Ms. CANTWELL proposed an amendment to the bill H.R. 3619, to 
authorize appropriations for the Coast Guard for fiscal year 2010, and 
for other purposes; as follows:

       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.''.
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