[Congressional Record Volume 143, Number 125 (Thursday, September 18, 1997)]
[Extensions of Remarks]
[Pages E1792-E1793]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




BILL TO AMEND THE IMMIGRATION AND NATIONALITY ACT RELATING TO TREATMENT 
          OF CERTAIN RECREATIONAL BOATERS ENTERING FROM CANADA

                                 ______
                                 

                          HON. JOHN J. LaFALCE

                              of new york

                    in the house of representatives

                      Thursday, September 18, 1997

  Mr. LaFALCE. Mr. Speaker, today I am introducing a bill that will 
simplify procedures for recreational boaters entering the United States 
from Canada. The purpose of the bill is to make it easier for boat 
owners and their guests to cross between Canada and the United States 
for recreation and tourism purposes. Specifically, my bill would 
authorize the Attorney General to permit United States citizens 
traveling as passengers in small pleasure craft to enter the United 
States from Canada without obtaining a landing permit and would 
eliminate the fee for those permits known as I-68.
  The I-68 Program was established in 1963 to facilitate convenience 
for boaters coming from Canada to the United States. It allows United 
States citizens, lawful permanent residents of the United States, and 
Canadian nationals to enter by boat along the northern border of the 
United States without reporting to a designated port of entry, so long 
as they have obtained an I-68 permit. It applies only to those 
traveling in boats of less than 5 net tons. Under this program, 
Canadian nationals may enter the United States for a period of not more 
than 72 hours and must remain in areas adjacent to the immediate shore.
  For 32 years, the I-68 permit was issued annually to eligible boaters 
without any fee. In 1995, however, the Immigration and Naturalization 
Service began requiring a fee of $16 for individuals, or $32 for a 
family. The INS advises me that, although the I-68 was issued gratis 
prior to 1995, they believe that a user fee statute that has been in 
effect since 1952 requires the imposition of a fee absent congressional 
direction to the contrary.
  The INS regulations implementing the I-68 Permit Program impose a 
costly and unnecessary burden for many recreational boaters. The 
regulations require each guest of a boat owner, who is not a member of 
his or her family, to travel to an immigration office during business 
hours to complete the I-68 application and pay the required fee. This 
requirement is virtually impossible to implement.
  As a consequence, United States businesses along the Great Lakes' 
borders, such as Youngstown, NY, have seen a great reduction in revenue 
due to the decline in tourism caused by this regulation. Prior to 
imposition of the fee in 1995, 10,002 I-68 permits were issued, 
compared to only 1,091 permits issued in 1996 after imposition of the 
fee. In other words, the permits in 1995 were about 1,000 percent, or 
10 times greater than in 1996.
  My bill would address these problems in two ways. First, it would 
permit the Attorney General to exempt U.S. citizen passengers from 
obtaining an I-68 permit or submitting to inspection at a port or 
entry. Boat owners and operators, who are likely to make repeated trips 
across the border, would still be required to obtain an I-68 permit at 
the beginning of the boating season. The permit holder would be 
responsible for ensuring that all passengers on his or her vessel are 
U.S. citizens or have a valid I-68 permit.
  Second, my bill would permit the Attorney General to issue I-68 
permits without imposing a fee, as they has been for the first 32 years 
of the program's existence. These fees act as a deterrent to boaters in 
obtaining the permit, particularly in light of the fact that Canada 
does not require such a fee for entry. Moreover, the amount of revenue 
generated by such fees is negligible--only $33,816 in all of fiscal 
year 1996. In my judgment, after consultation with western New York 
border businesses, the amount of business lost in the U.S. border areas 
far transcends that meager amount.
  This bill will allow the I-68 Program to achieve its intended purpose 
of affording pleasure boaters a convenient means of entering the United 
States while preserving the integrity of our borders. It is my hope 
that the Attorney General will implement these provisions by amending 
Immigration and Naturalization Service Regulations governing the I-68 
Program.

[[Page E1793]]



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