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March 28, 1988 CONGRESSIONAL RECORD-HOUSE 5329 HOUSE OF REPRESENTATIVES-Monday, March 28, 1988 The House met at 12 noon. EXPRESSING SORROW OF THE improve the quality of life in our The Chaplain, Rev. James David HOUSE AT THE DEATH OF THE State. Ford, D.D., offered the following HONORABLE JAMES J. This same zest for hard work carried prayer: HOWARD FROM THE STATE OF over on a national scale. JIM HowARD We pray, 0 loving God, for the gift NEW JERSEY was deeply committed to creating jobs ·of renewal in our spirits, in our minds Mr. HUGHES. Mr. Speaker, I offer a and putting people to work through and hearts, and in all our relation­ privileged resolution

0 This symbol represents the time of day during the House proceedings, e.g., 0 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. 5330 CONGRESSIONAL RECORD-HOUSE March 28, 1988 JAMESJ.HOWARDINTERSTATE tion, motor carrier safety, and uniform the remarks of the distinguished gen­ HIGHWAY commercial drivers' license. tleman from California. Mr. ANDERSON. Mr. Speaker, I ask JIM HowARD has also been a champi­ Mr. Speaker, I rise in strong support unanimous consent that the Commit­ on of the cause to improve the Na­ of this legislation which, in a small tee on Public Works and Transporta­ tion's infrastructure. It can be said way, recognizes the tremendous contri­ tion be discharged from further con­ with great ~ertainty that no person bution JIM HowARD has made to this sideration of the bill breath of such a beautiful season in complished much for our country's transporta­ Mr. RICHARDSON. Mr. Speaker, I the Washington air and then to look tion system. As a result of JIM's efforts, mil­ too join in the tribute to the distin­ up at the top of the Capitol and the lions of Americans confidently use our many guished Member of Congress, JIM tops of our buildings and see the flag airports, highways, and public transit systems HowARD, not only a giant in the Con­ at half-staff in honor of Chairman each day. JIM has worked diligently to achieve gress but an enormously decent man. HOWARD. funding for necessary projects to improve As chairman of the House Commit­ Mr. Speaker, he was my chairman water resources, clean water, dams and tee on Public Works and Transporta­ on the Committee on Public Works sewage treatment plants, public buildings, and tion, JAMES HOWARD had the unenvia­ and Transportation. He gave me his Federal-aid highway projects. These projects ble task of setting our national infra­ time and his energy and his consider­ have resulted in a stronger economy, more structure priorities. It is a difficult ation as well as his humor and his en­ jobs, safer and more efficient transportation task to tell one community that its couragement. systems, and a greater quality of life for all dire needs are not as dire of those of another community-that one commu­ I will always remember that and I Americans. Although JIM is no longer with us, will always appreciate it. I am proud his legislative accomplishments will appreciate nity would get its new highway, while another would have to wait. In his de­ to represent his daughter, Lenore, who for years to come. I strongly support this legis­ lives in my district in Colorado and lation to name Interstate 195 from Trenton to liberations on such issues, Chairman the Jersey shore for our former chairman, the HowARD was an eminently fair and through her was able to get the chair­ Honorable JAMES J. HOWARD. just leader, slowly building a consen­ man to visit my part of Colorado. That It is highly appropriate that we honor JIM sus on bills passing through his com­ was an enormous honor for me. HOWARD in this special way so that his mittee, satisfying the needs of our con­ I would like to again express my memory will live on. It is even more appropri­ stituents throughout the country. His deepest sympathy to the Howard ate that this memorial should be the designa­ leadership and friendship will be family. tion of a New Jersey interstate as the "James sorely missed. J. Howard Interstate Highway." The highway PROGRESSION OF THE TRADE BILL symbolizes JIM's greatest contributions-those Mr. Speaker, one of the pieces of APPOINTMENT AS MEMBERS OF enjoyed by the American driving public. Its good news over the weekend was the FUNERAL COMMITTEE OF THE placement in New Jersey, honors him and his positive progress on the trade bill. I LATE HONORABLE JAMES J. constituents of the Third District that he repre­ think it is critically important as we HOWARD sented so well for more than 23 years. move ahead into this legislative ses­ The SPEAKER. Pursuant to House We have lost a Congressman and colleague sion that the priority you have at­ Resolution 414, the Chair appoints as who has had a colossal influence on our tached to the trade bill be carried out members of the funeral committee of country's infrastructure. All Americans have forcefully. the late JAMES J. HOWARD the follow­ benefited from his presence. In this small way, One cause of concern in terms of ing Members on the part of the House: we can show our tremendous appreciation for this trade bill, Mr. Speaker, is news that the House conferees have reject­ Mr. RoDINO of New Jersey; his achievements and ensure that his spirit Mr. WRIGHT of Texas; lives on. ed a Senate proposal on repealing the windfall profit tax. I think it is criti­ Mr. MICHEL of Illinois; The Clerk read the bill, as follows: Mr. FOLEY of Washington; H.R. 4263 cally important that people in this country recognize that there have Mr. COELHO of California; Be it enacted by the Senate and House of been no windfalls, there have not been Mr. RoE of New .Jersey; Representatives of the United States of Mr. RINALDO of New Jersey; America in Congress assembled, any funds, going to the Treasury and that we make every effort to repeal Mr. FLORIO of New Jersey; SECTION 1. DESIGNATION. The segment of the National System for the windfall profit tax to send a signal Mr. HUGHES of New Jersey; Interstate and Defense Highways designat­ to the Southwest, to the energy pro­ Mr. COURTER of New Jersey; ed as I-95 in the State of New Jersey shall :iucers of this country, that they are Mr. GUARINI of New Jersey; hereafter be known and designated as the part of the American economy. Mr. DWYER of New Jersey; "James J. Howard Interstate Highway". Mrs. RouKEMA of New Jersey; SEC. 2. REFERENCE. REMOVAL OF NAME OF MEMBER Mr. SMITH of New Jersey; Any reference in a law, map, regulation, AS COSPONSOR OF H.R. 2260 Mr. TORRICELLI of New Jersey; document, or other paper of the United Mr. SAXTON of New Jersey; and States to the highway referred to in section Mr. RICHARDSON. Mr. Speaker, I Mr. GALLO of New Jersey. 1 shall be deemed to be a reference to the ask unanimous consent to have my "James J. Howard Interstate Highway". name removed as a cosponsor of H.R. Without objection, the Chair will re­ The bill was ordered to be engrossed 2260. serve the right to add other Members and read a third time, was read the The SPEAKER. Is there objection to this delegation and will announce third time, and passed, and a motion to the request of the gentleman from any additional names later in the day to reconsider was laid on the table. New Mexico? There was no objection. 5332 CONGRESSIONAL RECORD-HOUSE March 28, 1988 COMMUNICATION FROM THE SEC. 2. FINDINGS AND DECLARATIONS. <8> the term "State" means any of the sev­ CLERK OF THE HOUSE F'INDHNGs.-The Cnngress makes the eral States, the District of Columbia, and followhng findings: any commonwealth, territory, or possession The SPEAKER laid before the (1) The international abduction or wrong­ of the United States; and House the following communication ful retention of children is harmful to their (9) the term "United States Central Au­ from the Clerk of the House of Repre­ well-behng. · thority" means the agency of the Federal sentatives: <2> Persnns should not be permitted to Government designated by the President WASHINGTON, DC, March 28, 1988. obtain custody of children by virtue of their under section 7. Hon. JIM WRIGHT, wrongful removal or retention. SEC. 4. JUDICIAL REMEDIES. (3) International abductions and reten­ The Speaker, House of Representatives, JURISDICTION oF THE CoURTs.-<1) The Washington, DC. tions of children are increasing, and only courts of the States shall have original ju­ DEAR MR. SPEAKER: Pursuant to the per­ concerted cooperation pursuant to an inter­ risdiction of all actions arising under the mission granted in Clause 5 of Rule III of national agreement can effectively combat Convention. the Rules of the U.S. House of Representa­ this problem. (2) The United States district courts shall tives, I have the honor to transmit a sealed <4> The Convention on the Civil Aspects have jurisdiction of any action arising under envelope received from the White House at of International Child Abduction, done at the Convention to the extent authorized by 4:10p.m. on Friday, March 25, 1988 and said The Hague on October 25, 1980, establishes chapter 85 of title 28, United States Code. to contain a message from the President legal rights and procedures for the prompt (b) PETITIONs.-Any person seeking to ini­ whereby he transmits the annual report return of children who have been wrongful­ tiate judicial proceedings under the Conven­ pursuant to section 601 of the Nuclear ly removed or retained, as well as for secur­ tion for the return of a child or for arrange­ Non-Proliferation Act of 1978. ing the exercise of visitation rights. Chil­ ments for organizing or securing the effec­ With great respect, I am, dren who are wrongfully removed or re­ tive exercise of rights of access to a child Sincerely yours, tained within the meaning of the Conven­ may do so by commencing a civil action by DONNALD K. ANDERSON, tion are to be promptly returned unless one filing a petition for the relief sought in any Clerk, House of Representatives. of the narrow exceptions set forth in the court which has jurisdiction of such action Convention applies. The Convention pro­ and which is authorized to exercise its juris­ vides a sound treaty framework to help re­ diction in the place where the child is locat­ ANNUAL REPORT ON NUCLEAR solve the problem of international abduc­ NON-PROLIFERATION ACT OF ed at the time the petition is filed. tion and retention of children and will deter NoTICE.-Notice of an action brought 1978-MESSAGE FROM THE such wrongful removals and retentions. under subsection shall be given in ac­ PRESIDENT OF THE UNITED (b) DECLARATIONS.-The Congress makes cordance with the applicable law governing STATES the following declarations: notice in interstate child custody proceed­ <1 > It is the purpose of this Act to estab­ The SPEAKER pro tempore laid before the House the Convention in the United States. the following message from the Presi­ which an action is brought under subsection (2) The provisions of this Act are in addi­ shall decide the case in accordance with dent of the United States; which was tion to and not in lieu of the provisions of the Convention. read and, together with the accompa­ the Convention. (e) BURDENS OF PRooF.-(1) A petitioner in nying papers, without objection, re­ (3) In enacting this Act the Congress rec­ an action brought under subsection (b) shall ferred to the Committee on Foreign ognizes- establish by a preponderance of the evi­ Mfairs: the international character of the dence- in the case of an action for the return (B) the need for uniform international in­ of a child, that the child has been wrongful­ Senate of today, Monday, March 28, terpretation of the Convention. 1988.) ly removed or retained within the meaning <4> The Convention and this Act empower of the Convention; and courts in the United States to determine (B) in the case of an action for arrange­ only rights under the Convention and not ments for organizing or securing the effec­ ANNOUNCEMENT BY THE the merits of any underlying child custody SPEAKER PRO TEMPORE tive exercise of rights of access, that the pe­ claims. titioner has such rights. The SPEAKER pro tempore. Pursu­ SEC. 3. DEFINITIONS. <2> In the case of an action for the return ant to the provisions of clause 5, rule For the purposes of this Act- of a child, a respondent who opposes the I, the Chair announces that he will (1) the term "applicant" means any return of the child has the burden of estab­ postpone further proceedings today on person who, pursuant to the Convention, lishing- each motion to suspend the rules on files an application with the United States by clear and convincing evidence that which a recorded vote or the yeas and Central Authority or a Central Authority of one of the exceptions set forth in article 13b nays are ordered, or on which the vote any other party to the Convention for the or 20 of the Convention applies; and return of a child alleged to have been by a preponderance of the evidence is objected to under clause 4 of rule wrongfully removed or retained or for ar­ that any other exception set forth in article XV. rangements for organizing or securing the 12 or 13 of the Convention applies. Such rollcall votes, if postponed, will effective exercise of rights of access pursu­ (f) APPLICATION OF THE CONVENTION.-For be taken on Tuesday, March 29, 1988. ant to the Convention; purposes of any action brought under this (2) the term "Convention" means the Act- Convention on the Civil Aspects of Interna­ <1> the term "authorities", as used in arti­ INTERNATIONAL CHILD tional Child Abduction, done at The Hague cle 15 of the Convention to refer to the au­ ABDUCTION REMEDIES ACT on October 25, 1980; thorities of the state of the habitual resi­ Mr. CARDIN. Mr. Speaker, I move <3> the term "Parent Locator Service" dence of a child, includes courts and appro­ to suspend the rules and pass the bill means the service established by the Secre­ priate government agencies; tary of Health and Human Services under (2) the term "wrongful removal or reten­ to establish procedures to section 453 of the Social Security Act <42 tion" and "wrongfully removed or retained", implement the 1980 Hague Convention u.s.c. 653); as used in the Convention, include a remov­ on the Civil Aspects of International <4> the term "petitioner" means any al or retention of a child before the entry of Child Abduction, and for other pur­ person who, in accordance with this Act, a custody order regarding that child; and poses, as amended. files a petition in court seeking relief under (3) the term "commencement of proceed­ The Clerk read as follows:*** BAD the Convention; ings", as used in article 12 of the Conven­ MAGTAPE*** (5) the term "person" includes any indi­ tion, means, with respect to the return of a vidual, institution, or other legal entity or child located in the United States, the filing H.R. 3971 body; of a petition in accordance with subsection Be it enacted by the Senate and House of (6) the term "respondent" means any of this section. Representatives of the United States of person against whose interests a petition is (g) FuLL FAITH AND CREDIT.-Full faith America in Congress assembled, filed in court, in accordance with this Act, and credit shall be accorded by the courts of SECTION I. SHORT TITLE. which seeks relief under the Convention; the States and the courts of the United This Act may be cited as the "Hnternatin­ <7> the term "rights of access" means visi­ States to the judgment of any other such nal Child Abduction Remedies Act". tation rights; court ordering or denying the return of a March 28, 1988 CONGRESSIONAL RECORD-HOUSE 5333 child, pursuant to the Convention, in an an action brought under section 4 shall (d) INFORMATION AVAILABLE FRoM PARENT action brought under this Act. order the respondent to pay necessary ex­ LoCATOR SERVICE.-To the extent that infor­ (h) REMEDIES UNDER THE CONVENTION NoT penses incurred by or on behalf of the peti­ mation which the United States Central Au­ ExcLUSIVE.-The remedies established by tioner, including court costs, legal fees, thority is authorized to obtain under the the Convention and this Act shall be in ad­ foster home or other care during the course provisions of subsection (c) can be obtained dition to remedies available under other of proceedings in the action, and transporta­ through the Parent Locator Service, the laws or international agreements. tion costs related to the return of the child, United States Central Authority shall first SEC. 5. PROVISIONAL REMEDIES. unless the respondent establishes that such seek to obtain such information from the (a) AUTHORITY OF COURTS.-In furtherance order would be clearly inappropriate. Parent Locator Service, before requesting of the objectives of article 7 and other SEC. 9. COLLECTION, MAINTENANCE, AND DISSEMI­ such information directly under the provi­ provisions of the Convention, and subject to NATION OF INFORMATION. sions of subsection of this section. the provisions of subsection (b) of this sec­ IN GENERAL.-In performing its func­ (e) RECORDKEEPING.-The United States tion, any court exercising jurisdiction of an tions under the Convention, the United Central Authority shall maintain appropri­ action brought under section 4(b) of this States Central Authority may, under such ate records concerning its activities and the Act may take or cause to be taken measures conditions as the Central Authority pre­ disposition of cases brought to its attention. under Federal or State law, as appropriate, to protect the well-being of the child in­ scribes by regulation, but subject to subsec­ SEC. 10. INTERAGENCY COORDINATING GROUP. volved or to prevent the child's further re­ tion , receive from or transmit to any de­ The Secretary of State, the Secretary of moval or concealment before the final dis­ partment, agency, or instrumentality of the Health and Human Services, and the Attor­ position of the petition. Federal Government or of any State or for­ ney General shall designate Federal em­ (b) LIMITATION ON AUTHORITY.-No court eign government, and receive from or trans­ ployees and may, from time to time, desig­ exercising jurisdiction of an action brought mit to any applicant, petitioner, or respond­ nate private citizens to serve on an inter­ under section 4(b) may, under subsection ent, information necessary to locate a child agency coordinating group to monitor the of this section, order a child removed from a or for the purpose of otherwise implement­ operation of the Convention and to provide person having physical control of the child ing the Convention with respect to a child, advice on its implementation to the United unless the applicable requirements of State except that the United States Central Au­ States Central Authority and other Federal law are satisfied. thority- agencies. This group shall meet from time SEC. 6. ADMISSffiiLITY OF DOCUMENTS. <1> may receive such information from a to time at the request of the United States With respect to. any application to the Federal or State department, agency, or in­ Central Authority. The agency in which the United States Central Authority, or any pe­ strumentality only pursuant to applicable United States Central Authority is located tition to a court under section 4, which Federal and State statutes; and is authorized to reimburse such private citi­ seeks relief under the Convention, or any (2) may transmit any information received zens for travel and other expenses incurred other documents or information included under this subsection notwithstanding any in participating at meetings of the inter­ with such application or petition or provid­ provision of law other than this Act. agency coordinating group at rates not to ed after such submission which relates to (b) REQUESTS FOR INFORMATION.-Requests exceed those authorized under subchapter I the application or petition, as the case may for information under this section shall be of chapter 57 of title 5, United States Code, be, no authentication of such application, submitted in such manner and form as the for employees of agencies. petition, document, or information shall be United States Central Authority may pre­ required in order for the application, peti­ scribe by regulation and shall be accompa­ SEC. 11. AGREEMENT FOR USE OF PARENT LOCA­ tion, document, or information to be admis­ nied or supported by such documents as the TOR SERVICE IN DETERMINING United States Central Authority may re­ WHEREABOUTS OF PARENT OR CHILD. sible in court. Section 463 of the Social Security Act <42 SEC. 7. UNITED STATES CENTRAL AUT.HORITY. quire. (C) RESPNNSHBILITY OF GOVERNMENT ENTI­ U.S.C. 663) is amended- (a) DESIGNATION.-The President shall des­ <1 > by striking "under this section" in sub­ ignate a Federal agency to serve as the Cen­ TIES.-Whenever any department, agency, or instrumentality of the United States or section (b) and inserting "under subsection tral Authority for the United States under "; the Convention. of any. State receives a request from the United States Central Authority for infor­ <2> by striking "under this section" where FuNCTIONs.-The functions of the it first appears in subsection and insert­ United States Central Authority are those mation authorized to be provided to such Central Authority under subsection (a), the ing "under subsection . , or "; and ascribed to the Central Authority by the <3> by adding at the end the following new Convention and this Act. head of such department, agency, or instru­ mentality shall promptly cause a search to subsection: (C) REGULATORY AUTHORITY.-The United "(e) The Secretary shall enter into an States Central Authority is authorized to be made of the files and records maintained issue such regulations as may be necessary by such department, agency, or instrumen­ agreement with the Central Authority des­ to carry out its functions under the Conven­ tality in order to determine whether the .in­ ignated by the President in accordance with tion and this Act. formation requested is contained in any section 7 of the International Child Abduc­ (d) OBTAINING INFORMATION FROM PARENT such files o·r records. If such search discloses tion Remedies Act, under which the services LOCATOR SERVICE.-The United States Cen­ the information requested, the head of such of the Parent Locator Service established tral Authority may, to the extent author­ department, agency, or instrumentality under section 453 shall be made available to ized by the Social Security Act, obtain infor­ shall immediately transmit such informa­ such Central Authority upon its request for mation from the Parent Locator Service. tion to the United States Central Authority, the purpose of locating any parent or child SEC. 8. COSTS AND FEES. except that any such information the disclo­ on behalf of an applicant to such Central (a) ADMINISTRATIVE COSTS.-No depart­ sure of which- Authority within the meaning of section ment, agency, or instrumentality of the Fed­ (!) would adversely affect the national se­ 3( 1 > of that Act. The Parent Locator Service eral Government or of any State or local curity interests of the United States or the shall charge no fees for services requested government may impose on an applicant law enforcement interest of the United pursuant to this subsection.". any fee in relation to the administrative States or of any State; or SEC. 12. AUTHORIZATION OF APPROPRIATIONS. processing of applications submitted under (2) would be prohibited by section 9 of There are authorized to be appropriated the Convention. title 13, United States Code, for each fiscal year such sums as may be (b) COSTS INCURRED IN CIVIL ACTIONS.-(!) shall not be transmitted to the Central Au­ necessary to carry out the purposes of the Petitioners may be required to bear the thority. The head of such department, Convention and this Act. costs of legal counsel or advisors, court costs agency, or instrumentality shall, immediate­ incurred in connection with their petitions, ly upon completion of the requested search, The SPEAKER pro tempore. Is a and travel costs for the return of the child notify the Central Authority of the results second demanded? involved and any accompanying persons, of the search, and whether an exception set Mr. SHAW. Mr. Speaker, I demand a except as provided in paragraphs <2> and forth in paragraph (1) or (2) applies. In the second. (3). event that the United States Central Au­ The SPEAKER pro tempore. With­ <2> Subject to paragraph <3>, legal fees or thority receives information and the appro­ out objection, a second will be consid­ court costs incurred in connection with an priate Federal or State department, agency, ered as ordered. action brought under section 4 shall be or instrumentality thereafter notifies the borne by the petitioner unless they are cov­ Central Authority that an exception set There was no objection. ered by payments from Federal, State, or forth in paragraph (1) or <2> applies to that The SPEAKER pro tempore. The local legal assistance or other programs. information, the Central Authority may not gentleman from Maryland [Mr. <3> Any court ordering the return of a disclose that information under subsection CARDIN] will be recognized for 20 min­ child pursuant to ••• BAD MAG TAPE ••• (a). utes and the gentleman from Florida 5334 CONGRESSIONAL RECORD-HOUSE March 28, 1988 [Mr. SHAW] will be recognized for 20 Senate on October 9, 1986 subject to Frank-Morrison modification the minutes. the reservation as to cost. person would have to establish that by The Chair recognizes the gentleman I might say that that reservation is clear and convincing evidence. from Maryland [Mr. CARDIN]. also contained in the legislation that is The procedural exemptions that are Mr. CARDIN. Mr. Speaker, I yield before you. contained in the convention would myself such time as I may consume. However, it is the opinion that legis- only have to be established by a pre­ Mr. Speaker, the purpose of H.R. lation is needed in order for ratifica- ponderance of the evidence. 3971 is to establish court and adminis- tion and that is the reason why the Mr. Speaker, this is important legis­ trative procedures for the implementa- bill is before this House today. lation and I urge my colleagues to sup­ tion of the Hague Convention on the There are currently 29 countries port the suspension. Civil Aspects of International Child which have signed the Hague Conven­ Mr. SHAW. Mr. Speaker, I yield Abduction. tion; 9 have ratified, including Austra- myself such time as I may consume. l would first like to compliment the lia, Canada, , Hungary, Luxem­ Mr. Speaker, I rise in support of chairman of our subcommittee, the bourg, Portugal, , Switzerland, H.R. 3971, the International Child Ab­ gentleman from Massachusetts and the United Kingdom. duction Remedies Act. I think it is fit­ [BARNEY FRANK] for bringing this matter to the floor in such an expedit- 0 1225 ting that Congress address this issue ed procedure. The legislation that is recommended head-on with legislation like we have I should point out that the hearing by the committee will place original before us today, especially in light of took place in our subcommittee on jurisdiction in our State courts to de­ the increase over the recent years of February 3 of this year. The subcom- · termine whether the habitual resi­ the abduction of children into foreign mittee markup was on February 25, dence of the child is satisfied to order countries. the full committee on March 15 and the return of that child to that par­ Certainly, a person who abducts a we already have the bill before this ticular residence. child should not be able to succeed in House. The Federal court jurisdiction is re- that abduction simply by fleeing to a Mr. Speaker, I really want to thank tained as provided for under chapter foreign country and then hiding the gentleman for his expedited proce- 85, title XXVIII. behind legal obstacles in a foreign dure so that the House could consider The bill before us establishes a U.S. country in order to keep that child this matter at this early date. central authority. It is authorized to from being recovered by his or her I would also like to compliment the discharge the duties imposed on the rightful custodial parent or guardian. ranking minority member, the gentle- United States by the convention, to eo­ This legislation addresses that prob­ man from Florida [CLAY SHAwl for operate in locating children who have lem by implementing the Hague Con­ the work that he did in making sure been abducted and to assist in the vention on the Civil Aspects of Inter­ that we could, as a House, consider return of those children to their habit­ national Child Abduction. This legisla­ this matter at the earliest possible ual residence. tion, like the Hague Convention, sets moment. It establishes in the legislation an forth procedures under which a parent The chairman of the full committee, Interagency Coordinating Group to whose child has been abducted may the gentleman from New Jersey [Mr. monitor the operation of the conven­ seek recovery of that child in a foreign RoniNO] also deserves the thanks of tion, including representatives from country without the obstacle of a pro­ our colleagues for this matter current- the Secretary of State, Health and tracted custody battle. The purpose of ly being before the House. Human Services, and the Attorney the Convention is simply to return the Last, I would like to compliment the General and such private citizens that custody of the child to the status quo sponsor, the gentleman from Califor- may be appointed. that existed before the child was ab­ nia [Mr. LANTos] for the work that he Parent locator service is available to ducted; and then if a legal custody has done in trying to find procedures the central authority for the purposes battle is to ensure at least the wrong­ in which we can stop the unlawful ab- of locating certain absent parents or doer will not benefit from a lengthy duction of children. children and that particular amend- legal contest by having custody of the What the purpose of the convention ment was recommended by the Ways child during the legal dispute. was all about, Mr. Speaker, was to and Means Committee. Members of the Subcommittee on remove any reward for kidnaping or Mr. Speaker, section 4(e) of the leg­ Administrative Law and Governmental taking a child to another country and islation deals with the burden of to encourage the use of court proceed- proof. It provides that the parents Relations have hammered out some of ings to determine issues involving chil- seeking the return of the child must the issues surrounding this legislation dren rather than snatching of chil- establish his or her particular case by at the subcommittee level and further dren. the preponderance of the evidence, at the full committee level and I be­ It is a simple approach that is taken but that the respondent must show lieve this bill before us today repre­ by this convention, and that is to re- that one of the exceptions provided sents a good product of the committee store the factual situation that existed for under the conventions has been es­ process. prior to the child's removal or reten- tablished by clear and convincing evi­ Mr. Speaker, I would like to com­ tion. It does not seek to settle the dis- dence. It is for that reason that we mend our colleague, the gentleman pute about legal custodial rights. I have the Frank-Morrison modification from Massachusetts [Mr. FRANK], to­ think that is very important for me to that is incorporated in the amended gether with the gentleman from Mary­ emphasize that point, Mr. Speaker. bill that is before us. That modifica­ land [Mr. CARDIN], as well as my col­ The purpose of the convention is not tion makes it clear that the clear and league, the gentleman from California to settle disputes but to return to the convincing evidence would only be [Mr. LANTos], who I believe will be status quo, to remove the incentive to used on those nebulous exemption heard on this bill at a later time, for abduct a child. grounds that if the court found there introducing this bill and to my other The international abductor is denied was a grave risk to the physical or psy- colleagues on the Judiciary Committee legal advantage for taking the child. chological harm of the child or that for the constructive debate and consid­ The Hague Convention on Civil As- fundamental principles for human eration which has brought this bill to pects of Child Abduction was signed rights and freedom would negate the the floor today. by the United States on December 23, reason for returning the child. If the We had many witnesses of pathetic 1981. The President transmitted it to person who is responding to the par­ situations that were caused by the the Senate of the United States on Oc- ticular petition wishes to invoke one of long dragging out of the legal process, tober 30, 1985. It was ratified by the those exceptions, then under the and I believe this bill will go a long March 28, 1988 CONGRESSIONAL RECORD-HOUSE 5335 way toward correcting these abuses state abductions with the same safe­ parental kidnaping can be-one of my con­ which our committee has examined. guards in use that this service provides stituents, Mrs. Particia Roush-Samuta, had her Mr. CARDIN. Mr. Speaker, I yield 5 to our own citizens. two beautiful little girls taken away from her by minutes to the gentleman from Cali­ I want to thank the chairman of the their father, Khalid AI-Gheshayan, a Saudi fornia [Mr. LANTOS], the sponsor of subcommittee, the gentleman from Arabian national. They have been held against the bill, the person who brought the Massachusetts [Mr. FRANK]; the chair­ their will in Saudi Arabia for over 2 years. The bill to the House. man of the full committee, the gentle­ pain of being separated from her two daugh­ Mr. LANTOS. Mr. Speaker, I want man from New Jersey [Mr. RoDINo]; ters has been a very difficult burden for this to thank my friend and colleague from the ranking Republican members of Maryland for yielding me this time. both the subcommittee and the full brave woman to bear. Mr. Speaker, the Department of committee; and my good friend and This important measure will implement the State has estimated that there are colleague, the gentleman from New Hague Convention on the Civil Aspects of about 3,500 American children who York, Congressman GILMAN, who was International Child Abduction and, conse­ have been taken abroad by noncusto­ so helpful in this legislation. quently, will make it easier to insure the dial parents and that at the present What we are about to do, Mr. Speak­ prompt return of abducted children. Sadly, time there is no international mecha­ er, is to bring back American children since Saudi Arabia is not signatory to the nisms for returning these children to to their parents from whom they have Hague Convention agreement, this legislation their homes in the United States with been wrongfully abducted, and I will not force the return of my constituent's their court-determined custodial strongly urge the passage of this legis- little girls. However, I believe passage of the parent. lation. · · · · bill is an important first step in recognizing and Child abduction by noncustodial par­ Mr. SHAW. Mr. Speaker, I yield coming to grips with this growing problem. ents has been the fastest growing such time as he may consume to the Last October, the Senate passed the Hague problem to U.S. consular officers sta­ gentleman from New York [Mr. Convention agreement. Yet, because accom­ tioned abroad, and there is little the GILMAN]. panying Federal legislation was deemed nec­ State Department can do at the Mr. GILMAN. Mr. Speaker, I thank essary to fully implement all aspects of the moment other than to report on the the gentleman for yielding me this agreement, legislation had to be introduced in health of the child and recommend time. the Congress. The result is what we see that the custodial parent seek relief in Mr. Speaker, I rise today in strong before us today. I sincerely hope my col­ the courts of the country to which the support of H.R. 3971, the Internation­ leagues will allow this measure to be passed child has been abducted. But foreign al Child Abduction Remedies Act. I courts have been uniformly reluctant would like to commend the gentleman promptly so that we can begin to abide by the to return children, absent an interna­ from California [Mr. LANTOS] for in­ provisions of the convention. To date, 9 of the tional convention which provides a troducing this fine bill and for his 29 signatory countries have ratified the con­ fair and equitable mechanism for such commitment toward resolving the vention. actions. complications associated with interna­ I wish to commend Chairman FRANK, Con­ In 1980, the United States joined tional child abduction cases. gressman LANTOS, and the many others several other nations to develop just Mr. Speaker, I am contacted by whose interest in this important piece of legis­ such a mechanism which was signed in dozens of constituents each Congress lation made its passage a reality. 1981, becoming the Hague Convention who have had their child abducted by Mr. CARDIN. Mr. Speaker, I have on the Civil Aspects of International a spouse, removed from the United no further requests for time, and I Child Abduction. The U.S. Senate rati­ States, and have no legal course of yield back the balance of my time. fied that convention unanimously in action for their return. This has been Mr. SHAW. Mr. Speaker, I have no 1986. a frustrating situation for the custodi­ further requests for time, and I yield Now, the convention, Mr. Speaker, is al parent, the courts, and for lawmak­ back the balance of my time. implementing legislation to provide ers alike. In 1980, the Hague Conven­ The SPEAKER pro tempore (Mr. for the judicial structure to hear and tion on the Civil Aspects of Interna­ GRAY of Illinois>. The question is on to resolve these cases. My legislation, tional Child Abduction establishing an the motion offered by the gentleman H.R. 3971, is this implementing legisla­ administrative and legal system for from Maryland [Mr. CARDIN] that the tion and it is a long overdue U.S. re­ promptly returning abducted children House suspend the rules and pass the sponse to a heart-wrenching problem. retained in foreign countries was bill, H.R. 3971, as amended. Several countries are now fully partici­ adopted. H.R. 3971 simply implements The question was taken; and protect natural resources and habitat (d) ExcEPTION.-Any abandoned ship­ OF 1987 areas; wreck in or on the public lands of the guarantee recreational exploration of United States is the property of the United Mr. VENTO. Mr. Speaker, I move to shipwreck sites; and States Government. Any abandoned ship­ suspend the rules and pass the Senate allow for appropriate public and pri­ wreck in or on any Indian lands is the prop­ bill (S. 858) to establish the title of vate sector recovery of shipwrecks consist­ erty of the Indian tribe owning such lands. States in certain abandoned ship­ ent with the protection of historical values (e) RESERVATION OF RIGHTS.-This section wrecks, and for other purposes. and environmental integrity of the ship­ does not affect any right reserved by the wrecks and the sites. United States or by any State . able, in accordance with the provisions of Shipwreck Act of 1987". title I of the National Historic Preservation SEC. 7. RELATIONSHIP TO OTHER LAWS. SEC. 2. FINDINGS. Act, for the study, interpretation, protec­ (a) LAW OF SALVAGE AND THE LAW OF The Congress finds that- tion, and preservation of historic shipwrecks FINDs.-The law of salvage and the law of States have the responsibility for man­ and properties. finds shall not apply to abandoned ship­ agement of a broad range of living and non­ wrecks to which section 6 of this Act ap­ SEC. 5. PREPARATION OF GUIDELINES. plies. living resources in State waters and sub­ (a) In order to encourage the development merged lands; and (b) LAws OF THE UNITED STATES.-This Act of underwater parks and the administrative shall not change the laws of the United (b) included in the range of resources are cooperation necessary for the comprehen­ certain abandoned shipwrecks, which have States relating to shipwrecks, other than sive management of underwater resources those to which this Act applies. been deserted and to which the owner has related to historic shipwrecks, the Secretary relinquished ownership rights with no re­ (C) EFFECTIVE DATE.-This Act shall not of the Interior, acting through the Director affect any legal proceeding brought prior to tention. of the National Park Service, shall within SEC. 3. DEFINITIONS. nine months after the date of enactment of the date of enactment of this Act. For purposes of this Act- this Act prepare and publish guidelines in The SPEAKER pro tempore. Pursu­ the term "embedded" means firmly af­ the Federal Register which shall seek to: ant to the rule, a second is not re­ fixed in the submerged lands or in coralline (1) maximize the enhancement of cultural quired on this motion. formations such that the use of tools of ex­ resources; The gentleman from Minnesota [Mr. cavation is required in order to move the (2) foster a partnership among sport VENTO] will be recognized for 20 min­ bottom sediments to gain access to the ship­ divers, fishermen, archeologists, salvors, and wreck, its cargo, and any part thereof; other interests to manage shipwreck re­ utes and the gentleman from Califor­ (b) the term "National Register" means sources of the States and the United States; nia [Mr. SHUMWAY] will be recognized the National Register of Historic Places (3) facilitate access and utilization by rec­ for 20 minutes. maintained by the Secretary of the Interior reational interests; The Chair recognizes the gentleman under section 101 of the National Historic <4> recognize the interests of individuals from Minnesota [Mr. VENTO] . Preservation Act <16 U.S.C. 470a); and groups engaged in shipwreck discovery GENERAL LEAVE the terms "public lands," "Indian and salvage. lands" and "Indian tribe" have the same Such guidelines shall be developed Mr. VENTO. Mr. Speaker, I ask meaning given the terms in the Archaeologi­ after consultation with appropriate public unanimous consent that all Members cal Resource Protection Act of 1979 <16 and private sector interests (including the may have 5 legislative days in which to U.S.C. 470aa-47011); Secretary of Commerce, the Advisory Coun­ revise and extend their remarks on S. (d) the term "shipwreck" means a vessel cil on Historic Preservation, sport divers, 858, the Senate bill under consider­ or wreck, its cargo, and other contents; State Historic Preservation Officers, profes­ ation. (e) the term "State" means a State of the sional dive operators, salvors, archeologists, The SPEAKER pro tempore. Is United States, the District of Columbia, historic preservationists, and fishermen>. Puerto Rico, Guam, the Virgin Islands, (c) Such guidelines shall be available to there objection to the request of the American Samoa, and the Northern Mari­ assist States and the appropriate Federal gentleman from Minnesota? ana Islands; and agencies in developing legislation and regu­ There was no objection. (f) the term "submerged lands" means the lations to carry out their responsibilities Mr. VENTO. Mr. Speaker, I yield lands- under this Act. myself such time as I may consume. <1) that are "lands beneath navigable SEC. 6. RIGHTS OF OWNERSHIP. Mr. Speaker, historic shipwrecks are waters," as defined in section 2 of the Sub­ (a) UNITED STATES TITLE.-The United a key part of our Nation's history, viv­ merged Lands Act <43 U.S.C. 1301); States asserts title to any abandoned ship­ idly illustrating the importance of our (2) of Puerto Rico, as described in section wreck that is- 8 of the Act of March 2, 1917, as amended maritime heritage. By passing S. 858 <1 > embedded in submerged lands of a we will join the Senate in recognizing <48 u.s.c. 749); State; (3) of Guam, the Virgin Islands and Amer­ (2) embedded in coralline formations pro­ the significance of the historic ship­ ican Samoa, as described in section 1 of tected by a State on submerged lands of a wrecks and in providing greater pro­ Public Law 93-435 <48 U.S.C. 1705); and State; or tection for them. S. 858, the product (4) of the Commonwealth of the Northern <3> on submerged lands of a State and is of years of consideration and compro­ Mariana Islands, as described in section 801 included in or determined eligible for inclu­ mise, asserts U.S. title to certain aban­ of Public Law 94-241 <48 U.S.C. . 1681). sion in the National Register. doned shipwrecks and transfers that SEC. 4. RIGHTS OF ACCESS. The public shall be given adequate title to the State so that they can (a) AccEss RIGHTS.-In order to- notice of the location of any shipwreck to manage these cultural resources locat­ <1> clarify that State waters and ship­ which title is asserted under this section. wrecks offer recreational and educational The Secretary of the Interior, after consul­ ed on their State-submerged lands. opportunities to sport divers and other in­ tation with the appropriate State Historic Our image of historic shipwrecks is terested groups, as well as irreplaceable Preservation Officer, shall make a written often pirate vessels and Spanish gal­ State resources for tourism, biological sanc­ determination that an abandoned shipwreck leons loaded with treasure and gold. tuaries, and historical research; and meets the criteria for eligibility for inclu­ But most of the abandoned shipwrecks <2> provide that reasonable access by the sion in the National Register of Historic fit into neither category. They are ev­ public to such abandoned shipwrecks be per­ Places under clause <3>. erything from tugboats to schooners mitted by the State holding title to such (C) TRANSFER OF TITLE TO STATES.-The to ferries. These shipwrecks provide shipwrecks pursuant to section 6 of this Act, title of the United States to any abandoned it is the declared policy of the Congress that shipwreck asserted under subsection (a) of recreational opportunities for divers, States carry out their responsibilities under this section is transferred to the State in or commercial opportunities for salvors this Act to develop appropriate and consist­ on whose submerged lands the shipwreck is and unique information for archeolo­ ent policies so as to- located. gists. Modern technology has greatly March 28, 1988 CONGRESSIONAL RECORD-HOUSE 5337 improved our access to these ship­ Mr. Speaker, this bill should be ed that its members had been diving wrecks, increasing the need of their voted down today on both substantive on, and responsibly recovering, china protection. and procedural grounds. plates and dishes from the so-called In my part of the country, Minneso­ First, the substantive reasons. In my China wreck, and were, therefore, en­ ta and the Great Lakes, there are at mind, there is a constitutional ques­ title to unfettered access. With enact­ least 7,000 shipwrecks, ranging from tion as to whether this bill is a good ment of S. 858, there is no way for the small sailing craft from the fur trade idea, even in theory. At the very least, Federal courts to protect sport diving era to military vessels, palace steam­ however, if the House is to pass S. 858 interests, as they have done in the ers, and modern steel freighters. Only and send it to the President for his sig­ past, and sport divers, fearing heavy­ a few of these shipwrecks have great nature, the bill should be amended to handed State regulation which will historic significance. Most do not. For correct the legal and policy problems greatly restrict diving access, under­ those with historic significance, the it poses in its present form. standably oppose this bill on this greatest treasure many of them can PROBLEMS WITH S. 8 58 AS DRAFTED basis. yield is the knowledge we can gain First, by far the most glaring prob­ Given the track record of certain about our history, not the odd arti­ lem with the bill is that it fails to pro­ States like Florida, Texas, and Geor­ facts pulled from them. tect the interests of sport divers, and gia, sport divers have .good reason to Currently, some 27 States have laws the private sector generally. Propo­ be concerned. Despite the constitu­ concerning the protection of historic nents of the bill point to section 4's so­ tional basis for Federal involvement in shipwrecks. These States spend a dis­ called rights of access provisions as shipwreck cases, some States have as­ proportionate amount of effort and protection for sport divers. That is sumed that they have title to shipw­ simply not true. Section 4 contains recks on their submerged lands and expense in admiralty court arguing for only nonbinding recommendations re­ jurisdiction over the shipwrecks on passed laws accordingly. According to garding rights of access. testimony in our hearing, in Wiscon­ their State-submerged lands. Admiral­ Simply stated, there is no legal, ty law developed in the ancient Medi­ sin, for example, the State attempted binding, or enforceable way, under in 1986 to enact legislation which terranean-long before anybody even this bill as it is written, to ensure that thought of cultural resources. It was would have asserted ownership to 300 sport divers' right to dive on these shipwrecks in their State waters, leav­ designed to encourage the retrieval of wrecks, even for purely recreational commercial goods, not the protection ing only the rest open for sport diving. purposes, will be protected by States. The problem was, there are only 300 of cultural resources. S. 858 does not Moreover, there will no longer be the affect the jurisdiction of admiralty law same private sector incentive to go out known shipwrecks in Wisconsin over the greater percentage of ship­ and discover wrecks as there is now waters, and therefore nothing left for wrecks not defined as historic. By as­ under the present system. I can't sport divers. serting title to that small percentage stress these points enough. These two In Georgia, again according to com­ of shipwrecks defined as historic and factors-the failure to protect sport mittee testimony, three sport divers transferring that title to the States on divers and the elimination of private became interested in the Civil War whose submerged lands they lie, this sector incentive to discover ship­ vessel, the C.S.S. Nashville. The divers bill clarifies the jurisdiction over the wrecks-more than any, are, in my attempted to get a State permit to abandoned shipwrecks and helps the mind, why this bill should be voted dive on the wreck and perform archeo­ States protect their cultural resources. down under suspension. logical studies and recovery of arti­ This bill will not end the conflicting Because of these gaps in S. 858, the 4 facts. The State had no permitting interests and desires of the different million sport divers throughout the procedure so they went ahead with groups interested in historic ship­ United States are virtually unanimous their plans. The divers responsibly re­ wrecks. But it does provide a frame­ in their opposition to the bill. And covered and preserved a whole host of they are by far the largest constituen­ artifacts and put them on public dis­ work where these groups can-and play. The Georgia Department of Nat­ must-work together. As stated in the cy group affected by the bill. bill, all the principal groups are in­ Among the sport diving groups offi­ ural Resources then came along and cially opposed to S. 858 are: seized all the artifacts, and the arti­ cluded in developing the Secretary of facts are now under lock and key away the Interior's guidelines. I particularly The Professional Association of Diving Instructors [PADil; from public view. And divers are no want to note that it is our intention The National Association of Under­ longer permitted on this shipwreck. that sport divers be assured access to water Instructors [NAUil; The three divers have since published these historic shipwrecks to the maxi­ The National YMCA Scuba Pro­ a book which goes into a great deal of mum extent practicable. Access to his­ gram; history and detail known only because toric shipwrecks is not, however, the The Florida Association of Dive Op­ of their efforts, and which may not same as collection from them. People erators; have been possible under the provi­ are welcome to visit the resources but The National Association of Scuba sions of this bill. not to take irreplaceable resources Diving Schools; In New Jersey, a diver who was in­ away with them. The International Diving Educators volved in a program-ironically with I believe that the historic ship­ Association [IDEAl; the blessing of the State-to work on a wrecks will come to be increasingly un­ The Atlantic Alliance for Maritime historic shipwreck site was arrested by derstood as a key part of our national Heritage Conservation; and the State simply for diving on the heritage. With this legislation they Skin Diver magazine. shipwreck. will receive the greater protection Let me give some examples of how In Texas, the private sector is virtu­ they need. These vessels have been the private sector and responsible ally outlawed from any involvement in wrecked once. They should not be al­ sport divers will lose out under this State shipwrecks. As a result, very few lowed to be wrecked again, wrecked legislation. shipwrecks are ever found there any again and lost for all time. In 1986, the U.S. District Court for more. the District of Delaware resolved con­ There are countless other examples, D 1240 flicting claims for the right to recover including the State of Florida jailing Mr. Speaker, I reserve the balance of English ironstone china from a 19th­ Mel Fisher who discovered and sal­ my time. century sailing vessel which is wrecked vaged the Atocha for all the world to Mr. SHUMWAY. Mr. Speaker, I at the mouth of the Delaware Bay. see and learn from simply because the yield myself such time as I may con­ The court held that the sport diving State wanted the Atocha for its own sume. group, Ocean Watch, had demonstrat- State archeologists. And no one can 5338 CONGRESSIONAL RECORD-HOUSE March 28, 1988 claim that Fisher failed to perform re­ is the famous Civil War vessel U.S.S. certain other shipwrecks in State sponsible salvage-he hired some of Monitor. waters. the world's finest archeologists. Again, a simple amendment, if it I was the original sponsor in the By giving State bureaucracies com­ were allowed, could fix this potential 98th Congress of a bill, H.R. 3194, plete control over shipwrecks, this bill legal problem. which would have transferred to the would, in effect, throw a wet blanket Sixth, under this bill even Federal State title to abandoned historic on the private sector's incentive to go shipwrecks don't have to be managed shipwrecks in State waters. Unfortu­ out and discover shipwrecks, and that in a manner which protects sport nately, although this bill passed the certainly is not an archaeologically divers. The section 5 and five guide­ Hosue, the Senate failed to take any sound idea. We risk never finding out lines are again nonbinding. action on it. Now we are presented the history of many of these great ves­ This, too, could easily be improved with the situation in which the Senate sels if we cut out the private sector. upon by a simple amendment. has acted on shipwreck legislation and And we will eliminate their recreation­ PROCEDURAL REASONS TO OPPOSES. 858 it is up to the House to act. al value to many sport divers in the S. 858 may not be perfect legislation, process. This brings us to the procedural question. Procedurally, this bill should but, in my opinion, it represents a rea­ The bill could easily be amended to sonable to an issue which has correct these major flaws and protect be opposed by the House Members be­ cause, under suspension of the rules, been before us for at least the past the grave concern of the sport divers four Congresses. Significantly, S. 858 and the private sector-but under sus­ we are prevented from making the im­ provements this bill is desperately in asserts U.S. title to any abandoned pension there is no opportunity for shipwreck that is: First, embedded in amendments. need of: Improvements which I've just Second, a related problem with this outlined, and improvements which submerged lands of a State; second, bill is that it completely abdicates any Members on both sides of the aisle embedded in coralline formations pro­ and all Federal involvement in ship­ generally agreed were needed when tected by a State on submerged lands wreck cases located in territorial the full Merchant Marine and Fisher­ of a State; or third, on submerged waters-despite the fact that article ies Committee considered the bill last lands of a State and included in or de­ III, section 2 of the U.S. Constitution Wednesday. termined eligible for inclusion in the says that admiralty and maritime mat­ I offered amendments to correct all National Register of Historic Places. ters are to be under the jurisdiction of of these problems with the bill last Having asserted the sovereign preroga­ the Federal Government; and despite Wednesday. The only argument that tive of the U.S. Government to these the fact that for 200 years Federal ad­ was made by Members, including the three classes of abandoned shipwrecks, miralty courts have handled these author of the House bill, Mr. BENNETT, the U.S. transfers its title to the cases. was that if we change the bill and im­ States on or in or on whose submerged This bill could easily be amended to prove it, there is no guarantee that lands the shipwrecks are located. preserve Federal judicial oversight on the other body will pass it again. No The States are in the best position these matters without changing the one raised a substantive or policy to manage historic shipwrecks in State structure of the bill, and thus preserve reason as to why my amendments waters. We believe that approximately the constitutional role we have had shouldn't be adopted. 50,000 shipwrecks lie in State waters, for over 200 years. Again, this amend­ When I asked if there was anyone in of which only 5 to 10 percent may be ment can't be offered under suspen­ the other body who has stated his or of true historic significance. The sion of the rules. her intention to kill the bill if we re­ States will not be without guidance in Third, the bill does not comport turned it to the Senate, no one was determining which shipwrecks are of with international law. The State De­ able to indicate a real threat to its pas­ historic significance. For those ship­ partment is officially on record as sage. The bill passed the Senate once wrecks which may be eligible for inclu­ saying that the geographic scope of unanimously this Congress, and there sion in the National Register, the Sec­ the act, in the case of Texas, Florida, is no reason to believe it wouldn't pass retary of the Interior, after consulta­ and Puerto Rico, extend beyond 3 nau­ it again. tion with the appropriate State histor­ tical miles to 9 miles and, therefore, is This don't-amend-it-or-we'll-kill-it ic preservation officer, will make a inconsistent with international law. argument is merely scare tactics on written determination that an aban­ A simple amendment to the defini­ the part of proponents of the bill to doned shipwreck meets the criteria for tion section of the bill could solve this get it passed, not on the part of those eligibility. These criteria are currently inconsistency-but the rule doesn't of us who have legitimate concerns set forth in Interior Department regu­ allow amendments. and want to see the bill's flaws im­ lations at 36 CFR 60. In addition, the Fourth, the bill is overly broad in it's proved or eliminated. Director of the National Park Service, application. Despite what proponents This House should not give up its after consultation with all appropriate say, this bill applies to all shipwrecks legislative duty to amend and improve interest groups, including Federal and in territorial waters that are embed­ a bill which the other body has sent State agencies, divers, salvors, archae­ ded in the submerged lands. Testimo­ us. Let's vote it down under suspension ologists, historic preservationists and ny in our committee hearings indicat­ and bring it back up under an open fishermen, is directed to issue guide­ ed clearly that any shipwreck that has rule so Members can offer amend­ lines to assist States and Federal agen­ been on the ocean floor for more than ments and address their concerns. cies in developing programs and regu­ a week would be embedded to the Mr. Speaker, I reserve the balance of lations for managing shipwrecks cov­ extent that it is covered by this bill. my time. ered by this bill. Amending the criteria for which Mr. VENTO. Mr. Speaker, I yield The States also are not operating in shipwrecks are covered by this act such time as he may consume to the a vacuum in this area. Based on their could easily be accomplished-but not distinguished gentleman from North interpretation of the 1953 Submerged under suspension. Carolina [Mr. JoNES], the chairman of Land Act, some 27 States have devel­ Fifth, the bill creates potential con­ the Committee on Merchant Marine oped laws and programs that pertain flicts for national marine sanctuaries. and Fisheries. to the management of historic ship­ Under this bill title to any shipwrecks Mr. JONES of North Carolina. Mr. wrecks. Many of the States have writ­ in a national marine sanctuary within Speaker, I rise today in strong support ten to me expressing their intention of the territorial seas would have to be of S. 858, the Abandoned Shipwreck continuing to implement these same transferred to the State it was located Act on 1987. This legislation is needed laws and programs even after the pas­ off of. One example of such a ship­ to clarify the responsibility of States sage of Federal legislation confirming wreck in a national marine sanctuary for the management of historic and their title to abandoned shipwrecks. March 28, 1988 CONGRESSIONAL RECORD-HOUSE 5339 I am particularly proud of the fine become the property of the finder. S. easily prove counterproductive from a program de­ 858 asserts the sovereign prerogative preservation standpoint. veloped by my State of North Caroli­ of the United States to certain ship­ As I mentioned earlier, the bill na. This program is headquartered at wrecks in U.S. waters and declares grants all control over certain ship­ the Fort Fisher State Historic Site, that the States are the owners of wrecks to the States, and unfortunate­ near Wilmington, NC, and has done an these shipwrecks. The law of finds ly, few of those States have the eco­ excellent job of surveying shipwrecks may be appropriate for the recovery of nomic resources necessary to launch in North Carolina's waters and record­ modern shipwrecks, but it does not publicly financed exploration and re­ ing its maritime history. The State's suit the preservation of historic ship­ covery efforts for the numerous program is supported by several uni­ wrecks. The courts have already recog­ wrecks which might lie in their coastal versities, particularly East Carolina nized that shipwrecks embedded in waters. Under this bill, States may re­ University which has an outstanding submerged lands of a State belong to strict access to ships and prevent pri­ marine archaeology program. This the State, so section 6(a)(l) of the bill vate divers from working to assist in program and others in existence today does not represent a change in the their preservation. The vast majority can serve as models both for the guide­ current law of finds. of these divers share both an apprecia­ lines to be developed by the National The law of salvage allows the finder tion of the importance of the wrecks, Park Service and for other States of a wreck to receive a salvage award wishing to develop historic shipwreck and the resources and the time to based on several factors, including search for them and ensure that ade­ management programs under the aus­ whether the wreck is in marine peril. pices of Federal legislation. quate steps are taken to preserve their Again, by passing this bill, Congress is remains. Many divers have written to me ex­ saying that historic shipwrecks are not pressing their concerns that diver In fact, history has shown that access is not adequately protected by believed to be in marine peril, necessi­ those States which have title to ves­ S. 858 and will not be protected ade­ tating recovery by salvors, so that the sels in their waters, have gone so far quately by State programs. I am satis­ law of salvage is not required as a uni­ as to completely deny sport divers the fied that this is not the case. In the form admiralty rule for those specific right to even search for such wrecks. first place, S. 858 expresses the de­ classes of shipwrecks covered by S. Texas for example has taken this very clared policy of Congress that States 858. approach, and many interested parties should carry out their responsibilities Finally, I would like to emphasize are worrried that as a result, impor­ so as to guarantee recreational explo­ that S. 858 does not supersede the au­ tant archeological treasures will never ration of shipwreck sites. Nothing thority of the Under Secretary for be discovered. could be clearer than that Congress in­ Oceans and Atmosphere in the De­ The bill only serves to further tends for divers to continue to have partment of Commerce to designate expand Government's control over yet recreational opportunities to explore and manage historic shipwrecks locat­ another area which has previously and visit shipwreck sites. The States ed within and protected by national been left to private individuals. Indi­ must provide reasonable access by the marine sanctuaries in State waters. viduals who have contributed substan­ public to abandoned shipwrecks; Again, I urge my colleagues to sup­ tially to our understanding of our Na­ access may be limited if a shipwreck is port S. 858. This bill is an important tion's history. Sport divers have been particularly fragile or for health and step for the United States to under­ instrumental in the discovery of a safety reasons. take in providing responsible manage­ number of shipwrecks which have I also have taken a survey of coastal ment for our endangered maritime proven to be extremely valuable to States with historic preservation pro­ heritage. those interested in history. grams. The States have informed me Mr. SHUMWAY. Mr. Speaker, I I do believe that the Government that they do not intend to restrict yield 4 minutes to the gentleman from has a positive role to play in the dis­ access to shipwreck sites for recre­ California [Mr. HERGER]. covery and recovery of such vessels. I ational divers. If, on the other hand, Mr. HERGER. Mr. Speaker, I am pleased to have the opportunity to ad­ do not, however, feel that it is wise for divers intend to excavate or recover ar­ us to establish a system that will actu­ tifacts from historic shipwrecks, State dress the House today in opposition to S. 858, the Abandoned Historic Ship­ ally discourage sport divers, who his­ permits are likely to be required. If torically have been far more successful the States do not live up to the de­ wreck Act of 1988. For 8 years this clared policy of Congress, recourse body has held hearings, listened to than the States at locating ships lost should be available in appropriate witnesses, and discussed possible ways for centuries on the ocean floor, from State courts. to best protect archeologically signifi­ helping to preserve a piece of Ameri­ S. 858 removes from the law of sal­ cant shipwrecks which lie in our coast­ can history. For these reasons, I vage and the law of finds those aban­ al waters. As a member of the Com­ opposeS. 858 and would urge my col­ doned shipwrecks to which title has mittee on Merchant Marine and Fish­ leagues to do likewise. been asserted and transferred to the eries, I have listened to the testimony D 1255 States under section 6 of the bill. I am on this legislation, and I believe a satisfied that it is within Congress' number of concerns remain to be con­ Mr. VENTO. Mr. Speaker, I yield constitutional authority under the ad­ sidered before the House should vote such time as he may consume to the miralty clause and the necessary and on this bill. distinguished gentleman from Florida proper clause of the Constitution to We have been told by the propo­ [Mr. BENNETT], a historian and spon­ modify admiralty law in this way. Con­ nents of this legislation that S. 858 sor of this measure. gress has the authority to modify ad­ would help preserve and protect Mr. BENNETT. Mr. Speaker, I miralty and maritime law based on shipwrecks of historical significance. thank the gentleman for yielding me changes in experience and circum­ As some of my colleagues have pointed this time. stances. What Congress is saying by out, however, this particular bill does My interest in this bill came about passing S. 858 is that the law of sal­ nothing of the sort. The bill creates no when I purchased a cannon for the vage and finds no longer suits a systematic means for preserving National Park Service from my own modern society's need to protect its shipwrecks beyond ceding control over money and gave it to the National maritime heritage. these vessels to the States. There are Park Service. Under the prevailing American law no guidelines for States to follow In doing this, I found out something of finds, absent an assertion of the which would enhance preservation. In I had not previously known, and that Federal Government's sovereign pre­ fact, taking the right of exploration is that even cannon, even bronze rogative, abandoned shipwrecks away from individual divers might cannon, and certainly iron or steel 5340 CONGRESSIONAL RECORD-HOUSE March 28, 1988 cannon, can be destroyed by the act of hope this bill will pass. order to protect their rights, or the bringing them up. The SPEAKER pro tempore

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