[House Report 108-218]
[From the U.S. Government Publishing Office]
108th Congress Rept. 108-218
HOUSE OF REPRESENTATIVES
1st Session Part 3
======================================================================
PUBLIC LANDS FIRE REGULATIONS ENFORCEMENT ACT OF 2003
_______
September 15, 2003.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 1038]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 1038) to increase the penalties to be imposed for a
violation of fire regulations applicable to the public lands,
National Park System lands, or National Forest System lands
when the violation results in damage to public or private
property, to specify the purpose for which collected fines may
be used, and for other purposes, having considered the same,
reports favorably thereon with amendments and recommends that
the bill as amended do pass.
CONTENTS
Page
The Amendment.................................................... 1
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 3
Hearings......................................................... 3
Committee Consideration.......................................... 3
Vote of the Committee............................................ 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 4
Congressional Budget Office Cost Estimate........................ 4
Performance Goals and Objectives................................. 5
Constitutional Authority Statement............................... 5
Section-by-Section Analysis and Discussion....................... 5
Changes in Existing Law Made by the Bill, as Reported............ 5
Markup Transcript................................................ 8
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Lands Fire Regulations
Enforcement Act of 2003''.
SEC. 2. INCREASE IN MAXIMUM FINES FOR VIOLATION OF PUBLIC LAND
REGULATIONS AND ESTABLISHMENT OF MINIMUM FINE FOR
VIOLATION OF PUBLIC LAND FIRE REGULATIONS DURING
FIRE BAN.
(a) Lands Under Jurisdiction of Bureau of Land Management.--Section
303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1733(a)) is amended--
(1) in the second sentence, by striking ``no more than
$1,000'' and inserting ``as provided in title 18, United States
Code,''; and
(2) by inserting after the second sentence the following:
``In the case of a regulation issued under this section
regarding the use of fire by individuals on the public lands,
if the violation of the regulation was the result of reckless
conduct, occurred in an area subject to a complete ban on open
fires, and resulted in damage to public or private property,
the fine may not be less than $500.''.
(b) National Park System Lands.--
(1) Fines.--Section 3 of the Act of August 25, 1916
(popularly known as the National Park Service Organic Act; 16
U.S.C. 3) is amended--
(A) by striking ``That the Secretary'' at the
beginning of the section and inserting ``(a)
Regulations for Use and Management of National Park
System; Enforcement.--The Secretary'';
(B) by striking ``$500'' and inserting ``$10,000'';
and
(C) by inserting after the first sentence the
following: ``In the case of a rule or regulation issued
under this subsection regarding the use of fire by
individuals on such lands, if the violation of the rule
or regulation was the result of reckless conduct,
occurred in an area subject to a complete ban on open
fires, and resulted in damage to public or private
property, the fine may not be less than $500.''.
(2) Conforming amendments.--Such section is further
amended--
(A) by striking ``He may also'' the first place it
appears and inserting the following:
``(b) Special Management Authorities.--The Secretary of the
Interior may'';
(B) by striking ``He may also'' the second place it
appears and inserting ``The Secretary may''; and
(C) by striking ``No natural,'' and inserting the
following:
``(c) Lease and Permit Authorities.--No natural''.
(c) National Forest System Lands.--The eleventh undesignated
paragraph under the heading ``surveying the public lands'' of the Act
of June 4, 1897 (16 U.S.C. 551), is amended--
(1) by striking ``$500'' and inserting ``$10,000''; and
(2) by inserting after the first sentence the following:
``In the case of such a rule or regulation regarding the use of
fire by individuals on such lands, if the violation of the rule
or regulation was the result of reckless conduct, occurred in
an area subject to a complete ban on open fires, and resulted
in damage to public or private property, the fine may not be
less than $500.''.
Amend the title so as to read:
A bill to increase maximum fine amounts authorized for
the violation of regulations regarding Bureau of Land
Management lands, National Park System lands, and National
Forest System lands, to impose a minimum fine amount for a
violation of fire regulations applicable to such lands when the
violation is the result of reckless conduct, occurs in an area
subject to a complete ban on open fires, and results in
property damage, and for other purposes.
Purpose and Summary
H.R. 1038, as introduced, would increase the penalties to
be imposed for a violation of fire regulations occurring on
Bureau of Land Management, National Park System, or National
Forest System lands when the violation results in damage to
public or private property, as well as specifying the purpose
for which collected fines may be used.
This legislation as introduced revises the penalties for
violations by visitors' using fire on public lands if such
violation results in damage to public or private property.
Namely, the Act changes the maximum fine ($1,000 for the Bureau
of Land Management and $500 for the National Park Service and
the National Forest Service) to a minimum $1,000 fine with
respect to public lands under the management of the Bureau of
Land Management, the National Park Service and the U.S. Forest
Service. In addition, the Act also makes increases the maximum
prison time from 6 months to 1 year for violations occurring on
National Park Service and National Forest Service lands. (Such
acts on Bureau of Land Management lands already have a maximum
term of 1 year) The Act also makes money collected from fines
imposed for violations of fire rules available to cover costs
of the response or the improvements necessary because of the
action and to increase public awareness of rules and
regulations relating to fire on public lands.
Background and Need for the Legislation
Human carelessness causes many fires, destroying thousands
of acres per year. Stiffer penalties can help reduce the number
of fires attributable to people violating fire bans.
Current penalties for violating existing fire regulations
specify a maximum fine of no more than $1000 and no more than 1
year imprisonment for offenders on Bureau of Land Management
lands. On National Park Service and National Forest Service
Lands, the maximums are $500 and 6 months. As a practical
matter, however, the fines are rarely assessed at that level.
In many cases, fines levied are well below even $100--a
relatively weak deterent.
Hearings
This legislation was introduced on February 27, 2003. It
was referred primarily to the Committee on Resources and
secondarily to the Committee on Agriculture. It was later
referred sequentially to the Committee on the Judiciary. A
hearing was held on this legislation on June 19, 2003 in the
Committee on Resources. No hearings on this legislation have
been held in the Committee on the Judiciary.
Committee Consideration
This legislation was reported favorably by voice vote on
July 9, 2003, in the Committee on Resources. A report on this
legislation was filed by the Committee on Resources on July 17,
2003 (H.Rept. No. 108-218, Part I and II). On September 10,
2003, the Committee on the Judiciary met in open session and
ordered favorably reported the bill H.R. 1038, with an
amendment, by a voice vote, a quorum being present.
Vote of the Committee
In compliance with clause 3(b) of Rule XIII of the Rules of
the House of Representatives, the Committee notes that there
were no recorded votes during the Committee consideration of
H.R.1038.
Committee Oversight Findings
In compliance with clause 3(c)(1) of Rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of Rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of Rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of Rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 1038, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 11, 2003.
Hon. F. James Sensenbrenner, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1038, the ``Public
Lands Fire Regulations Enforcement Act of 2003.''
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll, who can be reached at 226-2860.
Sincerely,
Douglas Holtz-Eakin.
Enclosure
cc:
Honorable John Conyers, Jr.
Ranking Member
H.R. 1038--Public Lands Fire Regulations Enforcement Act of 2003.
CBO estimates that H.R. 1038 would not significantly affect
the Federal budget. The bill would increase both revenues and
direct spending by less than $500,000 a year. H.R. 1038
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act and would impose no
costs on State, local, or tribal governments.
H.R. 1038 would increase fines for violating fire
regulations on certain Federal lands. Under current law,
collections of such fines are recorded in the budget as
governmental receipts (revenues) and are deposited in the Crime
Victims Fund and later spent. Based on information from the
Department of the Interior and the Forest Service regarding the
number of likely cases invovled, CBO estimates that increasing
those fines would increase revenues and subsequent direct
spending by less than $500,000 annually. We also estimate that
any increased costs for prison operations, which would be
subject to appropriation, would not be significant.
On July 15, 2003, CBO transmitted a cost estimate for H.R.
1038 as ordered reported by the House Committee on Resources on
July 9, 2003. The two versions of H.R. 1038 are similar, and
our cost estimates are the same.
The CBO staff contact for this estimate is Megan Carroll,
who can be reached at 226-2860. This estimate was approved by
Peter H. Fontaine, Deputy Assistant Director for Budget
Analysis.
Performance Goals and Objectives
H.R.1038 does not authorize funding. Therefore, clause
3(c)(4) of Rule XIII of the Rules of the House of
Representatives is inapplicable.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of Rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article I, section 8 of the Constitution.
Section-by-Section Analysis and Discussion
Section 1. Short Title.
The title of the legislation is the ``Public Lands Fire
Regulations Enforcement Act of 2003.''
Section 2. Penalties for Violation of Public Land Fire Regulations
Resulting in Property Damage.
This section increases penalties for violations of
regulations concerning the use of fire by visitors to Bureau of
Land Management, National Park System, or National Forest
System Lands to a fine of not less than $1,000 or imprisonment
for not more than 1 year, or both. This section states that any
fine awarded under this section shall be in lieu of a fine
otherwise applicable under 18 U.S.C. 3571.
Additionally, this section specifies that any money
received as a result of a violation of the fire rules would be
available to the Secretary of the Interior or the Secretary of
Agriculture to: 1) cover the cost to the United States of
improvements or rehabilitation necessary after the action which
caused the fine; 2) to reimburse the affected agency for cost
of the response to the action; or 3) to increase public
awareness regarding rules and regulations governing the use of
fire on public lands.
An amendment in the nature of a substitute was passed at
markup to remove the provisions increasing imprisonment. The
substitute allows the current provisions of Title 18 regarding
imprisonment or fines to be used in prosecutions for actions on
Bureau of Land Management lands. The substitute amendment also
increases the possible penalties for violations of fire
regulations on National Park System or National Forest System
lands to $10,000. Additionally, it establishes a minimum fine
of $500 for the reckless use of fire on public lands if the
violation of the regulation occurred on land that is subject to
a complete ban on open fires and the fire resulted in damage to
public or private property.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
SECTION 303 OF THE FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976
ENFORCEMENT AUTHORITY
Sec. 303. (a) The Secretary shall issue regulations
necessary to implement the provisions of this Act with respect
to the management, use, and protection of the public lands,
including the property located thereon. Any person who
knowingly and willfully violates any such regulation which is
lawfully issued pursuant to this Act shall be fined [no more
than $1,000] as provided in title 18, United States Code, or
imprisoned no more than twelve months, or both. In the case of
a regulation issued under this section regarding the use of
fire by individuals on the public lands, if the violation of
the regulation was the result of reckless conduct, occurred in
an area subject to a complete ban on open fires, and resulted
in damage to public or private property, the fine may not be
less than $500. Any person charged with a violation of such
regulation may be tried and sentenced by any United States
magistrate designated for that purpose by the court by which he
was appointed, in the same manner and subject to the same
conditions and limitations as provided for in section 3401 of
title 18 of the United States Code.
* * * * * * *
----------
SECTION 3 OF THE ACT OF AUGUST 25, 1916
(Commonly known as the ``National Park Service Organic Act)
CHAP. 408.--AN ACT To establish a National Park Service, and for other
purposes.
Sec. 3. [That the Secretary] (a) Regulations for Use and
Management of National Park System; Enforcement.--The Secretary
of the Interior shall make and publish such rules and
regulations as he may deem necessary or proper for the use and
management of the parks, monuments, and reservations under the
jurisdiction of the National Park Service, and any violation of
any of the rules and regulations authorized by this Act shall
be punished by a fine of not more than [$500] $10,000 or
imprisonment for not exceeding six months, or both, and be
adjudged to pay all cost of the proceedings. In the case of a
rule or regulation issued under this subsection regarding the
use of fire by individuals on such lands, if the violation of
the rule or regulation was the result of reckless conduct,
occurred in an area subject to a complete ban on open fires,
and resulted in damage to public or private property, the fine
may not be less than $500. [He may also]
(b) Special Management Authorities.--The Secretary of the
Interior may, upon terms and conditions to be fixed by him,
sell or dispose of timber in those cases where in his judgment
the cutting of such timber is required in order to control the
attacks of insects or diseases or otherwise conserve the
scenery or the natural or historic objects in any such park,
monument, or reservation. [He may also] The Secretary may
provide in his discretion for the destruction of such animals
and of such plant life as may be detrimental to the use of any
of said parks, monuments, or reservations. [No natural,]
(c) Lease and Permit Authorities.--No natural curiosities,
wonders, or objects of interest shall be leased, rented, or
granted to anyone on such terms as to interfere with free
access to them by the public: Provided, however, That the
Secretary of the Interior may, under such rules and regulations
and on such terms as he may prescribe, grant the privilege to
graze live stock within any national park, monument, or
reservation herein referred to when in his judgment such use is
not detrimental to the primary purpose for which such park,
monument, or reservation was created, except that this
provision shall not apply to the Yellowstone National Park: And
provided further, That the Secretary of the Interior may grant
said privileges, leases, and permits and enter into contracts
relating to the same with responsible persons, firms, or
corporations without advertising and without securing
competitive bids: And provided further, That no contract,
lease, permit, or privilege granted shall be assigned or
transferred by such grantees, permittees, or licensees, without
the approval of the Secretary of the Interior first obtained in
writing.
----------
ACT OF JUNE 4, 1897
CHAP. 2.--An Act Making appropriations for sundry civil expenses of the
Government for the fiscal year ending June thirtieth, eighteen hundred
and ninety-eight, and for other purposes.
* * * * * * *
UNDER THE DEPARTMENT OF THE INTERIOR
* * * * * * *
SURVEYING THE PUBLIC LANDS.
* * * * * * *
The Secretary of the Interior shall make provisions for the
protection against destruction by fire and depredations upon
the public forests and forest reservations which may have been
set aside or which may be hereafter set aside under the said
Act of March third, eighteen hundred and ninety-one, and which
may be continued; and he may make such rules and regulations
and establish such service as will insure the objects of such
reservations, namely, to regulate their occupancy and use and
to preserve the forests thereon from destruction; and any
violation of the provisions of this Act or such rules and
regulations shall be punished by a fine of not more than [$500]
$10,000 or imprisonment for not more than six months, or both.
In the case of such a rule or regulation regarding the use of
fire by individuals on such lands, if the violation of the rule
or regulation was the result of reckless conduct, occurred in
an area subject to a complete ban on open fires, and resulted
in damage to public or private property, the fine may not be
less than $500. Any person charged with the violation of such
rules and regulations may be tried and sentenced by any United
States commissioner specially designated for that purpose by
the court by which he was appointed, in the same manner and
subject to the same conditions as provided for in title 18,
United States Code, section 3401, subsections (b), (c), (d),
and (e), as amended.
* * * * * * *
Markup Transcript
BUSINESS MEETING
WEDNESDAY, SEPTEMBER 10, 2003
House of Representatives,
Committee on the Judiciary,
Washington, DC.
The Committee met, pursuant to notice, at 10:07 a.m., in
Room 2141, Rayburn House Office Building, Hon. F. James
Sensenbrenner, Jr. [Chairman of the Committee] presiding.
Chairman Sensenbrenner. The Committee will be in order. A
working quorum is present.
The first item on the agenda is the adoption of H.R. 1038,
the ``Public Lands Fire Regulation Enforcement Act.'' The Chair
recognizes the gentleman from North Carolina, Mr. Coble, the
Chairman of the Subcommittee on Crime, Terrorism, and Homeland
Security.
Mr. Coble. Thank you, Mr. Chairman.
Mr. Chairman, this is the sequential referral to us from
Resources, and let me give you a few talking points. Since 19--
--
Chairman Sensenbrenner. Do you have a motion first?
Mr. Coble. Just a second, Mr. Chairman.
[Pause.]
Mr. Coble. Mr. Chairman, the Subcommittee on Crime,
Terrorism, and Homeland Security reports favorably the bill
H.R. 1038 and moves the favorable recommendation to the full
Committee.
Chairman Sensenbrenner. Without objection, H.R. 1038 will
be considered as read and open for amendment at any point.
[The bill, H.R. 1038, follows:]
Chairman Sensenbrenner. The Chair recognizes the gentleman
from North Carolina to strike the last word.
Mr. Coble. I thank the Chairman. As I said, this is a
sequential referral, and this is the first time I've really
seen the bill, but the staff has run the traps with the
minority and with Resources, and it appears there is no
controversy surrounding this.
A few talking points, Mr. Chairman. Since 1944, Smokey Bear
has been a national symbol for fire prevention. I'm sorry. How
about now, Bobby?
Since 1944, Smokey Bear has been a national symbol for fire
prevention. His message, ``Only You Can Prevent Forest Fires,''
is one of the most recognizable and remembered motto from any
ad campaign. While Smokey's done a tremendous job in promoting
public awareness about the dangers of wildfires and their
prevention, human carelessness continues to destroy an average
of 100,000 acres per year.
Today we mark up H.R. 1038, the ``Public Lands Regulation
Enforcement Act of 2003.'' This bill would increase the
penalties to be imposed for fire regulations applicable to
public lands under the authority of the Bureau of Land
Management, the National Park Service, and the U.S. Forest
Service. Stiffer penalties may be one way to help reduce the
number of fires attributable to carelessness and to the
national disregard of fire bans.
The need for tougher penalties cannot be better illustrated
by a real-life scenario that occurred just last year. A visitor
to a Colorado national forest contacted a district ranger about
the fines for violating the recently imposed fire ban. When the
visitor was informed that the fine for violating the ban was
around $50, he asked if there was a way to pay the fine in
advance.
Current penalties for violating existing fire regulations
specify a maximum fine of $1,000 and 6 months' imprisonment for
offenders, with many fines being levied at under $100. The
original bill as introduced would change the maximum $1,000
fine to a minimum $1,000 fine and allow imprisonment for up to
1 year with respect to public lands under the Bureau of Land
Management, National Park System of the U.S. Forest Service.
Additionally, the original bill deemed money collected from
fines imposed for violation of fire rules available to cover
cost of improvements necessary because of the action and
increased public awareness of rules and regulations related to
fire on public lands. Because of the issues raised by the
Department of Justice and others, I will be offering an
amendment in the nature of a substitute today to remove the
provisions increasing the length of imprisonment and will allow
the current provisions of Title 18 regarding imprisonment to be
utilized in prosecutions. The substitute amendment also will
increase the possible penalties for violation of fire
regulations on National Park System lands or National Forest
System lands to $10,000 and establishes a minimum fine of $500
for the use of fire on public lands if a violation of the
regulation occurred on land that is subject to a complete ban
on open fires and the fire resulted in damage to public or
private property.
In addition, the substitute amendment removes the
provisions governing the use of collected fines. Although there
are some discrepancies between the way the three agencies
penalize offenders due to the fact that these penalties were
adopted at different periods in our Nation's history, these
increased fines will bring more consistency to the penalties
available for setting fires on public lands.
It is the hope of our Subcommittee that stiffer penalties
will reduce the careless acts that destroy so much of our land
and wildfire resources. This has been devastating, as you know,
Mr. Chairman, and I think this is a good approach.
I yield back.
Chairman Sensenbrenner. The gentleman from Virginia, Mr.
Scott?
Mr. Scott. Mr. Chairman, I yield to the gentleman from
Michigan.
Mr. Conyers. I thank my colleague from Virginia. I'd like
to enter my record in--my statement in the record by unanimous
consent.
Chairman Sensenbrenner. Without objection.
Mr. Conyers. I thank the gentleman for yielding.
[The prepared statement of Mr. Conyers follows:]
Prepared Statement of the Honorable John Conyers, Jr., a Representative
in Congress From the State of Michigan, and Ranking Member, Committee
on the Judiciary
I support the underlying premise of the bill. It marks a notable
improvement over the text of the bill as it was originally introduced.
First, it omits a provision found in the introduced version of the
bill that would have redirected funds intended for the Justice
Department's victims crime fund and permitted the Secretaries of the
Interior and Agriculture to use those monies to cover the costs of
firefighting, rehabilitation, and to increase public awareness
regarding the use of fire on public lands. While I agree that these are
worthwhile functions, I have to point out that the crime victims fund
also serves an extremely important purpose. Contributions to the fund
help finance victim assistance and compensation programs; in addition
to training, technical assistance, and national demonstration programs
showcasing promising practices in the delivery of victim rights and
service.
Second, I am pleased to see that the bill's two provisions which
sought to increase the prison term associated with violating a federal
regulation regarding the use of fire by visitors on interior or forest
lands have also been deleted. Many have suggested that those two
provisions would have been excessive; and in some cases, discouraged
law enforcement officials from issuing citations or tickets for routine
offenses.
Having said this, I must admit that the legislation remains far
from perfect. As it is currently written, the bill permits inconsistent
penalties for fire use violations to occur. Violations that occur on
interior lands--those administered by the Bureau of Land Management--
are punishable as Class A misdemeanors (which may result in a fine of
up to $100,000 or imprisonment for up to one year); while those taking
place on national forest lands--those managed by the National Park
System and USDA Forest system--remain Class B misdemeanors (resulting
in a fine of up to $10,000 or up to six months in prison).
Moreover, the substitute creates additional inconsistencies by
increasing the criminal fines associated with violations that take
place on forest lands from a maximum fine of $5,000 up to one not to
exceed $10,000. This change in law directly conflicts with the criminal
fines outlined in the Penalties Enhancement Act of 1984, 18 U.S.C.
3571, which cap the fine for Class B misdemeanors at $5,000.
I would like to thank the Majority for demonstrating a willingness
on their part to address the many concerns that those on this side of
the aisle have previously raised. Hopefully, we can continue to work in
a bipartisan manner to address the concerns raised today, so that we
can continue to move this legislation to the House floor for its
ultimate passage.
Mr. Scott. And, Mr. Chairman, I would just like to thank
the gentleman from North Carolina, the Chairman of the
Committee, for accommodating many of the concerns, particularly
on the mandatory minimums. Those concerns have been worked out
in the amendment in the nature of a substitute, and I support
the bill.
Chairman Sensenbrenner. Does the gentleman yield back?
Mr. Scott. I yield back.
Chairman Sensenbrenner. Without objection, all opening
statements will be placed in the record at this point.
Are there amendments? The gentleman from North Carolina.
Mr. Coble. I have an amendment at the desk, Mr. Chairman.
Chairman Sensenbrenner. The clerk will report the
amendment.
The Clerk. Amendment in the nature of a substitute to H.R.
1038 offered by Mr. Coble. Strike out all after----
Chairman Sensenbrenner. Without objection, the amendment
will be considered as read.
[The amendment in the nature of a substitute follows:]
Chairman Sensenbrenner. And the gentleman from North
Carolina is recognized for 5 minutes.
Mr. Coble. Well, Mr. Chairman, I think I explained it in my
opening--in my previous opening statement.
Chairman Sensenbrenner. Okay. The gentleman yield back?
Mr. Coble. Yield back.
The question is on the adoption of the amendment in the
nature of a substitute offered by the gentleman from North
Carolina. Those in favor will say aye? Opposed, no?
The ayes appear to have it. The ayes have it; the amendment
in the nature of a substitute is agreed to.
The question now is on reporting the bill H.R. 1038
favorably as amended by the amendment in the nature of a
substitute. A reporting quorum is not present, and without
objection, the previous question is ordered on the motion to
report the bill favorably as amended.
[Intervening business.]
Chairman Sensenbrenner. A reporting quorum being present,
we will now resume the unfinished business, which is the motion
to report favorably the bill H.R. 1038 as amended by the
amendment in the nature of a substitute. Those in favor will
say aye? Opposed, no?
The ayes appear to have it. The ayes have it, and the
motion to report favorably is agreed to.
Without objection, the bill will be reported favorably to
the House in the form of a single amendment in the nature of a
substitute incorporating the amendment adopted here today.
Without objection, the Chairman is authorized to move to go to
conference pursuant to House Rules. And without objection, the
staff is directed to make any technical and conforming changes.
All Members will be given 2 days as provided by House Rules in
which to submit additional, dissenting, supplemental, or
minority views.