[Congressional Record Volume 142, Number 137 (Saturday, September 28, 1996)]
[House]
[Pages H11629-H11630]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




[[Page H11629]]



 CHANGES TO CANADIAN BOATER LANDING PERMIT PURSUANT TO IMMIGRATION AND 
                            NATIONALITY ACT

  Mr. HOKE. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 4165) to provide for certain changes with respect to requirements 
for a Canadian boater landing permit pursuant to section 235 of the 
Immigration and Nationality Act, as amended.
  The Clerk read as follows:

                               H.R. 4165

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. CANADIAN BORDER BOAT LANDING PERMIT.

       Notwithstanding any other provision of law, not later than 
     180 days after the date of the enactment of this Act, the 
     Attorney General, in consultation with the Commissioner of 
     Immigration and Naturalization, shall issue revised 
     regulations for the implementation of section 235 of the 
     Immigration and Nationality Act with respect to the 
     requirement that individuals travelling between the United 
     States and Canada by boat obtain a permit which is consistent 
     with the following guidelines:
       (1) An individual may request a form to apply for the 
     permit through Immigration and Naturalization Service 
     offices, the mail, or an internet address.
       (2) The Immigration and Naturalization Service shall 
     establish a toll-free information number to provide 
     information and respond to inquiries regarding the permit, 
     including how to obtain the forms, where to file the forms, 
     and the cost of the permit.
       (3) In consultation with the chief executive officers of 
     States where individuals affected by the permit requirement 
     reside, develop alternate procedures for acquiring the 
     necessary permits, including in conjunction with State 
     fishing and boat licenses.
       (4) In the case of a boat of no more than 65 feet in length 
     (including a boat used for commercial purposes) on a trip 
     between the United States and Canada of not more than 72 
     hours duration, a United States citizen passenger (who is 
     neither an owner nor operator of the boat) need not obtain a 
     permit pursuant to section 235 of the Immigration and 
     Nationality Act if carrying the same proof of U.S. 
     citizenship as currently required by INS for U.S. citizens 
     making land surface crossing between the United States and 
     Canada for the duration of the trip.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Ohio [Mr. Hoke] will be recognized for 20 minutes, and the gentleman 
from Ohio [Mr. Traficant] will be recognized for 20 minutes.
  The Chair recognizes the gentleman from Ohio [Mr. Hoke].
  Mr. HOKE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I want to say at the outset that I want to thank my 
colleague from Ohio, Mr. Traficant, for his help in crafting this 
legislation and getting it to the floor. The gentleman knows very well, 
probably better than anyone in this House, how the heavy hand of 
Government can get in the way of people's lives.
  Mr. Speaker, I have a statement for the Record that I am going to 
submit, but I will very, very briefly describe this piece of 
legislation that might more appropriately or as appropriately be a 
candidate for a Corrections Day calendar, as it is designed to move 
forward with respect to legislation or regulations that were put into 
place by the INS with respect to the Canadian border boat landing 
permit.
  What this legislation does essentially is that it makes it possible 
for United States citizens who are either fishermen or pleasure boaters 
making trips into Canadian waters or to Canadian islands or Canadian 
land across the water boundaries that separate Canada and the United 
States, it facilitates the ease of either getting the I-68 form that is 
required, and it also waives the requirement of that form in the case 
of a situation where the pilot has the form and the other passengers 
have proof of American citizenship as otherwise required for normal 
land border crossings between the United States and Canada.
  Mr. Speaker, I rise in strong support of H.R. 4165, legislation 
making certain changes in the Canadian Border Boat Landing Permit.
  At the outset, I want to thank my colleague from Ohio, Mr. Traficant, 
for his help in getting this bill to the floor. He knows--probably 
better than anyone else in this House--how the heavy hand of Government 
can reek havoc in people's lives.
  For those who are not familiar with the Canadian Border Boat Landing 
Permit, let me summarize its history. The boat landing permit was 
created in 1968. In October 1995, however, the INS issued new 
regulations requiring every individual traveling between the United 
States and Canada by boat to obtain a permit--now known as the I-68 
Form. And for the first time in the program's history, INS began 
charging a fee and imposing stiff penalties for non--compliance.
  Permits are available only at INS offices during regular business 
hours. Applicants must apply in person and bring with them a fist-full 
of documents and their checkbooks. Individual permits cost $16.00 with 
a family cap of $32.00.
  During the 1996 boating season, the first one since the new 
regulations took effect, it became apparent that the program is not 
operating efficiently or effectively.
  In addition, the INS has been less than forthcoming with information 
about how to obtain forms. One constituent told me he spent 20 minutes 
on hold at the Cleveland INS office waiting for someone to answer his 
question.
  And the heavy-handed tactics INS has been using to ensure compliance 
are big government at its worst: threatening boat confiscation and 
prolonged court proceedings requiring boaters to defend their 
citizenship.
  Needless to say, this requirement has put quite a damper on the 
spontaneity of pleasure boaters and fisherman. Since many boaters use 
their vessels to entertain guests, a good host would certainly not ask 
his guests to foot the bill for a day of boating, thus making the cost 
of taking friends and extended family out for the day prohibitive for 
many.
  Since the program began last October only 23,396 permits have been 
issued. And that is for all the Northern border states: Maine, New 
York, Ohio, Michigan, Illinois, Wisconsin, Minnesota, Washington, and 
Alaska. In Ohio alone there are over 385,000 registered boaters. These 
statistics show that the I-68 has clearly had a chilling effect on 
boating activities.
  The Hoke-Traficant legislation provides a common-sense solution.
  It allows individuals to get forms through the mail or over the 
internet.
  It directs the INS to operate a toll-free information line to answer 
questions about the program.
  It directs the INS to work with state governments to develop other 
ways of streamlining the application process.
  And, most importantly, it exempts from the requirement of purchasing 
a permit, law-abiding citizens traveling on small vessels for short 
trips if they have other proof of citizenship.
  Mr. Speaker, I reserve the balance of my time.
  Mr. TRAFICANT. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, let me say as a strong supporter of tough immigration 
laws that we do not, however, need those type of strong laws and 
adverse regulations to affect our own American citizens.
  This bill will not soften our immigration policy. It will lessen the 
burdensome regulations put on American fishermen and American 
recreational boaters. It will make it easier to obtain the I-68 form. 
It will make it available not only in INS offices but through the mail 
and on the Internet.
  It would also require the INS to establish a toll-free information 
number to provide information about the program and how to obtain the 
forms and where to file those forms.
  It will further streamline the ability to obtain permits, and the 
bill would direct the INS to work with State officials to develop 
alternate procedures as well.
  Finally, the bill exempts American citizens from obtaining an I-68 
form if they are traveling on a boat no more than 65 feet long, on a 
trip that lasts no longer 72 hours, and they carry a U.S. passport to 
prove their citizenship.
  I want to compliment the gentleman from Ohio [Mr. Hoke] for the 
effort that he has made on this. The gentleman and my staff have worked 
closely together. We believe this is in the best interests of all, and 
it will take some of those adverse regulations and burdensome 
procedures and set them aside. It is certainly not perfect but a step 
in the right direction.
  Mr. Speaker, I yield back the balance of my time.


             modification to h.r. 4165 offered by mr. hoke

  Mr. HOKE. Mr. Speaker, I ask unanimous consent to modify the version 
of the bill at the desk, striking out the handwritten language in the 
last two lines.
  The SPEAKER pro tempore. The Chair would inquire of the gentleman, 
does he mean then to reinsert the stricken language replaced by the 
handwritten language?
  Mr. HOKE. That is correct, Mr. Speaker.

[[Page H11630]]

  The text of the modification is as follows:

       Modification to H.R. 4165 offered by Mr. Hoke: On page 3, 
     beginning on line 12, strike out ``the same proof of U.S. 
     citizenship as currently required by INS for U.S. citizens 
     making land surface crossing between the United States and 
     Canada for the duration of the trip.'' and insert ``a United 
     States passport for the duration of the trip.''

  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Ohio?
  Mr. TRAFICANT. Mr. Speaker, I will not object.
  There was no objection.
  The SPEAKER pro tempore. Without objection, the motion is modified.
  There was no objection.
  Mr. HOKE. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Ohio [Mr. Hoke] that the House suspend the rules and 
pass the bill, H.R. 4165, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  The title was amended so as to read: ``A bill to provide for certain 
changes with respect to requirements for a Canadian border boat landing 
permit pursuant to section 235 of the Immigration and Nationality 
Act.''
  A motion to reconsider was laid on the table.

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