[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.

                                
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