Bill· HRH.R. 5960 (102nd)referred
United States · United States Congress · 16 September 1992
Sexual Assault Prevention Act of 1992 - Title I: Sexual Violence - Subtitle A: Penalties and Remedies - Amends the Federal criminal code to provide for pretrial detention in sex offense cases. Makes murder a Class A felony, mandating the death sentence, when done in the course of certain sex offenses, sexual assault, or child molestation, or when the defendant has previously been convicted of sexual assault or child molestation, subject to specified mitigating factors. Requires instructing the jury not to: (1) be influenced by prejudice or bias relating to the race, color, religion, national origin, or sex of the defendant or any victim; and (2) recommend a death sentence unless it concludes that it would recommend such sentence regardless of such factors. Requires each juror to sign a certification to that effect. Prohibits: (1) carrying out a death sentence on a woman while she is pregnant; and (2) requiring any employee of, or any person under contract to provide services to, a State corrections department, the Federal Bureau of Prisons, or the U.S. Marshals Service, to attend or participate in any execution. Sets forth provisions regarding: (1) the appointment of counsel for indigent capital defendants; (2) representation after finality of judgment; (3) standards for competence of counsel; (4) claims of ineffectiveness of counsel in collateral proceedings; (5) time limits for collateral attack on a death sentence; (6) stays of execution; and (7) finality of the decision on review. Increases penalties for: (1) recidivist sex offenders; and (2) sex offenses against victims under age 16. Directs the U.S. Sentencing Commission: (1) to amend the sentencing guidelines to increase by at least four levels the base level for offenses relating to sexual, and aggravated sexual, abuse; (2) to consider whether any other changes applicable to such offenses are warranted; (3) in amending the guidelines in conformity with this provision, to review the appropriateness and adequacy of existing offense characteristics and adjustments applicable to such offenses; and (4) in any subsequent amendment to the guidelines, to maintain minimum guideline sentences for such offenses which are at least equal to those required by this provision. Amends the Federal criminal code to require that a person charged with an offense under provisions relating to sexual abuse be tested for the human immunodeficiency virus: (1) before release pending trial; and (2) six months and twelve months after the initial test. Requires results to be provided to the judicial officer or court and disclosed only to the victim, the attorney for the Government, and the person tested. Requires the U.S. Sentencing Commission to amend the sentencing guidelines to enhance the sentence of an offender who had reason to know that he was infected, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission. Amends: (1) the Victims' Rights and Restitution Act of 1990 to require a governmental department or agency to pay for up to two tests for a sexual assault victim in the twelve months following the assault and a counseling session regarding the tests and the risk of transmission as the result of the assault; and (2) the Controlled Substances Act to provide for increased penalties for distribution of a controlled substance to a woman while she is pregnant. Amends the Federal criminal code to authorize the restitution of victims of sex offenses, including reimbursement for lost income and necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance at proceedings related to, the offense. Requires the court to issue an order requiring restitution of the full amount of the victims's losses and expenses for which restitution is authorized in imposing sentence, unless the Government and the victim do not request such restitution. Provides for the enforcement of restitution orders through the suspension of Federal benefits. Provides that whoever, in violation of the Constitution or laws of the United States, engages in sexual violence against another, shall be liable to the injured party in a civil action. Includes among the relief available compensatory and punitive damages and any appropriate equitable or declaratory relief. Amends the Civil Rights Attorney's Fees Award Act of 1976 to include such provision with respect to payment of attorney fees. Subtitle B: Rules of Evidence, Practice, and Procedure - Amends the Federal Rules of Evidence to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. Revises Federal Rule of Evidence 412 (rape victim shield law), including: (1) making inadmissible reputation or opinion evidence of the past sexual behavior of an alleged victim of a sex offense, and evidence of a victim's past sexual behavior other than reputation or opinion evidence (with exceptions), in a civil case (current law applies only to criminal cases); and (2) requiring any order admitting such evidence to explain the reasoning leading to the finding of relevance and the basis of the finding that its probative value outweighs the danger of unfair prejudice notwithstanding the potential of the evidence to humiliate and embarass the alleged victim and to result in unfair or biased inferences. Amends the Federal criminal code to provide that an appeal by the United States before trial shall lie to a court of appeals from an order of a district court admitting evidence of an alleged victim's past sexual behavior in a criminal case in which the defendant is charged with a sex offense, whether or not the conduct occurred in the special maritime and territorial jurisdiction of the United States or in a Federal prison. Adds a Federal Rule of evidence that, in a criminal case in which a person is accused of a sex offense, evidence is not admissible to show that the alleged victim invited or provoked the commission of the offense. Enacts rules to be known as the Rules of Professional Conduct for Lawyers in Federal Practice and includes them as an appendix to provisions of the U.S. Code relating to the judiciary and judicial procedure. Applies the rules to proceedings before a U.S. court or a Federal agency that carries out adjudicatory or quasi-adjudicatory functions. Includes rules relating to: (1) litigation abuse (including conduct to increase litigation expenses or with no substantial purpose other than to distress another person); (2) a duty of enquiry in relation to the client (including attempting to elicit from the client a materially complete account of the alleged criminal activity or civil wrong if the client acknowledges involvement in such activity or wrong), and to elicit the material facts relevant to a defense of alibi if the client denies such involvement; (3) a duty to expedite litigation (including not attempting to delay or prolong proceedings for specified reasons); and (4) a duty to prevent the commission of a crime (including allowing or requiring disclosure of information). Amends the Federal Rules of Criminal Procedure to provide that: (1) if the offense charged is punishable by imprisonment for more than one year, each side is entitled to six peremptory challenges (currently, six for the Government and ten for the defendant or defendants jointly); and (2) if sentence is to be imposed for a crime of violence or sexual abuse, the court shall (before imposing sentence) address the victim personally if the victim is present at the sentencing hearing, and determine if the victim wishes to make a statement and present any information in relation to the sentence (which statement may be made in camera under specified circumstances). Expresses the sense of the Congress that news media, law enforcement personnel, and other persons should exercise restraint and respect a rape victim's privacy by not disclosing the victim's identity to the general public or facilitating such disclosure without the victim's consent. Subtitle C: Safe Campuses - Requires the Attorney General to: (1) provide for a national baseline study to examine the scope of the problem of campus sexual assaults and the effectiveness of institutional and legal policies in addressing such crimes and protecting victims; and (2) submit a report to the Congress by September 1, 1995. Authorizes appropriations. Amends: (1) the General Education Provisions Act to provide for the disclosure of arrest records by campus police; and (2) the Higher Education Act of 1965 to add sexual assault to the list of offenses regarding which certain institutions are required to collect and disclose statistics. Subtitle D: Assistance to States and Localities - Authorizes the Attorney General to make grants to support projects and programs relating to sexual violence. Sets forth provisions regarding: (1) formula and discretionary grant allotments; (2) application requirements for formula grants; (3) conditions on grants; (4) program evaluation (by the National Institute of Justice); (5) coordination of grant administration; and (6) reporting requirements. Authorizes appropriations. Authorizes the Attorney General to make supplementary grants to States adopting laws that exceed or are reasonably comparable to Federal provisions relating to sexual violence in certain respects. Authorizes appropriations. Title II: Domestic Violence and Offenses Against the Family - Amends the Federal criminal code to establish penalties (including mandatory penalties if the offense involves the infliction of bodily injury on, or the commission of sexual abuse against, the victim) for interstate travel to commit spouse abuse or to violate a protective order, subject to specified requirements. Provides for mandatory restitution and pretrial detention for victims of such offense. Includes as an aggravating factor, for purposes of death penalty provisions under this Act, that a killing occurred in the course of such offense. Establishes penalties (including restitution) for noncompliance with child support obligations in interstate cases. Makes compliance with any court or administrative order under State law requiring payments for the support of a child, or of a child and the parent with whom the child is living, a condition of probation. Provides for full faith and credit of protective orders among the States. Expresses the sense of the Congress that, for purposes of determining child custody, evidence establishing that a parent engages in physical abuse of a spouse should create a statutory presumption that it is detrimental to the child to be placed in the custody of the abusive spouse. Directs the Attorney General to: (1) prepare a report on the status of battered women's syndrome as a medical and psychological condition and on its effect in criminal trials; (2) conduct a study of the means by which abusive spouses may obtain information concerning the addresses or locations of estranged or former spouses; (3) complete a study of problems of recordkeeping of criminal complaints involving domestic violence; and (4) evaluate, develop, prepare and disseminate to State authorities, and make recommendations concerning anti-stalking legislation. Sets forth reporting requirements. Authorizes the Attorney General to make grants to support projects and programs relating to domestic violence and other criminal and unlawful acts that particularly affect women. Sets forth provisions regarding: (1) formula and discretionary grant allotments; (2) application requirements for formula grants; (3) conditions on grants; (4) program evaluation; (5) coordination of grant administration; and (6) reporting requirements. Authorizes appropriations. Title III: National Task Force on Violence Against Women - Establishes the National Task Force on Violence Against Women to develop a uniform Federal, State, and local law enforcement strategy aimed at protecting women against violent crimes, punishing persons who commit such crimes, and enhancing the rights of the victims. Sets forth administrative and reporting requirements. Authorizes appropriations.
Bill· HRH.R. 5754 (102nd)open
United States · United States Congress · 3 August 1992
Water Resources Development Act of 1992 - Title I: Water Resources Projects - Authorizes the Secretary of the Army (the Secretary) to carry out public works projects in the following locations for improvements to navigation, flood control, ecosystem restoration, and beach erosion control and hurricane protection: (1) Southeast Alaska Harbors of Refuge, Alaska; (2) Whiteman's Creek, Arkansas; (3) American River Watershed, California; (4) Morro Bay Harbor, California; (5) Sacramento Metro Area, California; (6) Rio Grande Alamosa, Colorado; (7) Delaware River Mainstem and Channel Deepening, Delaware, New Jersey, and Pennsylvania; (8) Canaveral Harbor, Florida; (9) Kissimmee River, Florida; (10) Port Everglades Harbor, Florida; (11) Savannah Harbor, Georgia and South Carolina; (12) Kentucky Lock Addition, Kentucky; (13) Amite River and Tributaries, Louisiana; (14) Saugus River and Tributaries, Massachusetts; (15) Las Vegas Wash and Tributaries, Nevada; (16) Morehead City Harbor, North Carolina; (17) West Onslow and New River Inlet, North Carolina; (18) Lackawanna River at Olyphant and at Scranton, Pennsylvania; (19) Locks and Dams 2 and 3, Monongahela River, Pennsylvania; (20) Rio Grande De Loiza, Puerto Rico; (21) Sargent Beach, Texas; (22) Shoal Creek, Austin, Texas; and (23) Sandbridge Beach, Virginia Beach, Virginia. Modifies projects at the following locations with respect to flood control, beach erosion control and hurricane protection, navigation, and other improvements: (1) Tennessee-Tombigbee Waterway, Alabama and Mississippi; (2) Goleta and vicinity, California; (3) San Leandro Marina, California; (4) Savannah Harbor, Georgia; (5) O'Hare system of the Chicagoland underflow plan, Illinois; (6) Locks and Dam 26, Mississippi River, Alton, Illinois and Missouri; (7) Fort Wayne, Indiana; (8) Calcasieu Ship Channel, Louisiana; (9) Lake Pontchartrain, Louisiana; (10) Parish Creek, Shady Side, Maryland; (11) South Fork Zumbro River, Minnesota; (12) Sowashee Creek, Meridian, Mississippi; (13) New Madrid Harbor, Missouri; (14) Ste. Genevieve, Missouri; (15) Papillion Creek and Tributaries Lake, Nebraska; (16) Green Brook Sub-basin, Raritan River Basin, New Jersey; (17) Passaic River Main Stem, New Jersey and New York; (18) Ramapo River at Oakland, New Jersey; (19) Raritan Bay and Sandy Hook Bay, New Jersey; (20) Reno Beach-Howard Farms, Ohio; (21) Wyoming Valley, Pennsylvania; (22) Wister Lake, Oklahoma; (23) Chetco River, Oregon; (24) Port Orford, Oregon; (25) Cliff Walk, Newport, Rhode Island; (26) Clear Creek, Texas; (27) Corpus Christi Ship Channel, Texas; (28) Dallas Floodway Extension, Dallas Texas; (29) Ray Roberts Lake, Elm Fork of the Trinity River, Texas; (30) Ray Roberts Lake Greenbelt, Texas; (31) Sims Bayou, Texas; (32) Southern Branch of Elizabeth River, Norfolk Harbor, Virginia; (33) Virginia Beach, Virginia; (34) Lower Granite Lock and Dam, Washington; (35) Bonneville Lock and Dam, Washington; (36) Beech Fork Lake, West Virginia; (37) Bluestone Lake, Ohio River Basin, West Virginia; and (38) La Crosse and Shelby, Wisconsin. Authorizes the Secretary to: (1) construct visitor centers at Melvin Price Lock and Dam, Alton, Illinois, and at Mt. Morris Dam, New York; and (2) establish and operate the Lower Mississippi River Museum and Riverfront Interpretive Site, Vicksburg, Mississippi. Authorizes appropriations. Authorizes the Secretary to conduct studies and carry out small navigation projects at: (1) Provincetown Harbor, Massachusetts; (2) Aunt Lydia's Cove, Chatham, Massachusetts; (3) Agate Bay, Minnesota; (4) East Island, Minnesota; (5) Grand Marais, Minnesota; (6) Grand Portage, Minnesota; (7) Horseshoe Bay, Minnesota; (8) Knife River, Minnesota; (9) Sugar Loaf Cove, Minnesota; (10) Temperance River, Minnesota; (11) Thompson Beach, Minnesota; (12) Seaway Pier, Buffalo, New York; and (13) Tangier Island, Virginia. Authorizes the Secretary to conduct studies and carry out small flood control projects at: (1) Walnut Canyon Creek, Anaheim, California; (2) Blue River and Brock Creek, Salem, Indiana; (3) White River, Elnora, Indiana; (4) White River, Gibson County, Indiana; (5) White River, Petersburg, Indiana; (6) Wabash River, Knox County, Indiana; (7) Red River at Grand Marais Outlet, Minnesota; and (8) Sullivan Run Creek, Butler, Pennsylvania. Amends the Water Resources Development Act of 1990 to provide that the benefits of the project at Krout's Creek, West Virginia, shall be treated as exceeding the cost of the project. Modifies projects at the following locations with respect to the maximum allotment and cost-sharing: (1) Lake Elsinore, California; (2) Telegraph Canyon, Chula Vista, California; and (3) St. Peters, St. Charles County, Missouri. Directs the Secretary to develop and carry out a Sonoma Baylands wetland demonstration project in the San Francisco Bay-Delta estuary, California. Sets forth project purposes and requirements. Authorizes appropriations. Sets forth limitations on amounts transferred and obligated pursuant to the Upper Mississippi River Management Program. Specifies that the costs of operation and maintenance of projects located on Federal lands or lands owned or operated by a State or local government shall be borne by the Federal, State, or local agency that is responsible for management activities for fish and wildlife on such lands. Directs the Secretary to construct a research and quarantine facility in Broward County, Florida, to be used in connection with efforts to control Melaleuca and other exotic plant species that threaten native ecosystems in Florida. Authorizes appropriations. Authorizes the Secretary to maintain navigation access to, and berthing areas at, all currently operating public and private commercial dock facilities associated with or having access to the Federal navigation project on the Columbia, Snake, and Clearwater Rivers from Bonneville Dam to and incuding Lewiston, Idaho, at a depth commensurate with the Federal navigation project. Exempts the Federal Government from liability resulting from such project. Authorizes the Secretary to construct such bulkheads along the Outer Harbor, Buffalo, New York, as may be necessary to protect the shoreline and reduce the flow of pollutants into Lake Erie. Directs the Secretary to: (1) conduct a study for a streambank and shoreline protection project for St. Croix River, Stillwater, Minnesota, subject to specified maximum allotment and cost-sharing requirements; and (2) proceed expeditiously with design, land acquisition, and construction of the Montgomery Point Lock and Dam on the White River, Arkansas. Authorizes the Secretary to participate in the preservation, renovation, and rehabilitation of the Delaware Canal in Pennsylvania. Sets forth provisions with respect to the costs of major rehabilitation from specified projects. Directs the Secretary to conduct a study of the water supply, distribution, and transmission needs and water quality problems of Jackson and DeKalb Counties, Alabama. Sets forth reporting requirements. Authorizes the Secretary to: (1) conduct a study for the purpose of evaluating methods and means, and recommending a project, for the containment and remediation of contaminated ground water flowing downstream from the San Gabriel Valley Ground Water Basin to the Central Ground Water Basin in California through existing Federal facilities at Whittier Narrows Dam, Los Angeles County, California; and (2) participate in the engineering and design of the project recommended. Provides for a Federal share of the project of up to 75 percent, with the local sponsor being the Water Replenishment District of Southern California. Directs the Secretary: (1) to complete and transmit to the Congress a feasibility study for enlargement of the flood control project for the Success Reservoir, Tule River, California; and (2) as part of the ongoing review of the Anacostia River Watershed in the District of Columbia and Maryland, to carry out a comprehensive assessment of adverse impacts to such watershed from Federal facilities, review current plans for reducing such adverse impacts, and carry out a feasibility study to identify and recommend for implementation measures to eliminate such adverse impacts. Requires the Secretary, in carrying out the feasibility study on Federal improvements to the St. John's River Channel, Florida, to examine the commercial and military uses of the channel in those areas traversed by both military and commercial vessels, and coordinate the activities of the Secretary with those of the Secretary of the Navy in order to utilize available studies and resources projecting future military dredging needs in the channel. Directs the Secretary to: (1) expeditiously complete the general design memorandum for the sand transfer portion of the navigation project for Canaveral Harbor, Florida; (2) expeditiously complete that portion of the navigation study for Tampa Harbor, Alafia River and Big Bend, Florida, relating to the Alafia River; (3) complete the feasibility study for Cedar River and tributaries, Blackhawk, Iowa; (4) complete the study for Federal maintenance of the Port Fourchon Navigation Channel, Louisiana; (5) conduct a study on proposed uses of the seawall located in Haverhill, Massachusetts (and provide technical assistance to non-Federal interests in developing plans for such seawall); (6) conduct an economic reevaluation of proposed improvements at Grand Marais Harbor, Michigan; (7) conduct a review and evaluation of the recreational master plan for Sardis Lake, Mississippi; (8) study the feasibility of rehabilitating and otherwise ensuring the integrity of the dams and impoundments that created and enlarged Lake Lefferts and Lake Matawan, New Jersey, as a means of maintaining the high quality of the environmental ecosystems therein; (9) complete the feasibility study for Little River, Niagara Falls, New York; (10) complete the feasibility study for the water quality project for Shinnecock Inlet, Suffolk County, New York; (11) complete the feasibility study of shoreline protection for Strawberry Island, New York (and take such interim emergency measures as necessary); (12) enter into a cooperative agreement with Youngstown State University, Youngstown, Ohio, to conduct a study of the water and related land resources of the Mahoning River, Ohio; and (13) conduct a study to determine the feasibility of establishing a Tug Valley Greenway, West Virginia, for utilizing the river environment for public recreation opportunities. Authorizes appropriations. Sets the Federal share (100 percent) of the cost of completion of the study for mitigation of shoreline damage attributable to the Federal navigation project at Salmon Harbor, Oregon. Sets forth reporting requirements. Continues the authorization for projects and studies (for flood control and other purposes) at the following locations: (1) Santa Cruz Harbor, California; (2) Albert Lea Lake, Freeborn County, Minnesota; (3) St. Johns Bayou and New Madrid Floodway, Missouri; (4) Tyrone, Pennsylvania; and (5) Big Pine Lake, Texas. Sets forth limitations with respect to such projects and studies. Deauthorizes navigation projects at the following locations: (1) Boston Inner Harbor Channel, Massachusetts; (2) Newburyport, Massachusetts; (3) Greilickville, Michigan; (4) South Haven Harbor, Michigan; and (5) Sag Harbor, New York. Deauthorizes a portion of the Canaveral Harbor project, Florida. Designates: (1) lock and dam 3, Arkansas River, Arkansas, as the "Joe Hardin Lock and Dam"; and (2) the Mill Creek Reservoir, Washington, as the "Virgil B. Bennington Lake." Title II: Generally Applicable Provisions - Amends the Water Resources Development Act of 1986 to: (1) set the non-Federal share of environmental protection and restoration at 25 percent; and (2) prohibit modifications of projects for improvement of the environment from being carried out without specified authorization by the Congress if the estimated cost exceeds $5,000,000. Authorizes the Secretary to: (1) accept contributions for environmental and recreation projects, with funds received to be deposited into a specified account in the Treasury; and (2) carry out projects for the protection, restoration, and creation of aquatic and ecologically related habitats in connection with dredging of an authorized navigation project. Sets forth provisions, in connection with the latter, regarding cooperative agreements, the Federal share, and authorization of appropriations. Directs the Secretary to reconstruct lands adversely affected by water resources projects. Sets forth provisions with respect to: (1) the definition of rehabilitation for inland waterway projects; (2) construction of shoreline protection projects by non-Federal interests; (3) cost-sharing for disposal of dredged material on beaches; and (4) fees for development of State water plans. Authorizes the Secretary to provide appropriate protections against the dissemination of certain information developed as a result of research and development activities conducted by the Corps of Engineers (Corps) that is likely to be subject to a cooperative research and development agreement within two years of its development. Extends specified State safety and training, research, and dam inventory programs. Authorizes the Secretary to provide assistance to non-Federal interests for the repair, reconstruction, or other modification of Mussers Dam, Middle Creek, Snyder County, Pennsylvania. Specifies that all costs incurred in carrying out the project to correct seepage problems at Beaver Lake, Arkansas, shall be treated as costs incurred for a dam safety project, subject to cost-sharing requirements of the Water Resources Development Act of 1986. Authorizes the Secretary to procure materials necessary to promote the Corps safety program, for distribution to Corps employees, and to recognize outstanding safety performance by such employees. Authorizes appropriations. Provides for the recovery of cleanup costs of hazardous of toxic substances. Authorizes the Secretary, in carrying out in FY 1993 through 1995 maintenance, rehabilitation, or modernization of a hydroelectric power generating facility at a water resources project under the Secretary's jurisdiction, to increase the efficiency of energy production or the capacity of the facility, subject to specified requirements. Sets forth reporting requirements. Directs the Secretary: (1) to the maximum extent practicable, to make use of private sector resources in carrying out surveying and mapping activities in the Corps' Civil Works Program; (2) to complete and submit to the Congress a report on a minimum dredge fleet for the Corps, and implement the recommendations of such report; and (3) to take specified steps with respect to competitive dredging of hopper dredges. Sets forth rules regarding comparability payments for Senior Executive Service positions for Corps employees. Directs the Secretary to conduct a comparative analysis with respect to the compensation of Corps and other similarly-situated Federal employees. Sets forth reporting requirements. Sets forth provisions regarding eligible operations and maintenance for harbor development and navigation projects. Directs the Secretary to conduct a study for the purpose of developing recommendations for expediting the study, planning, and construction of civil works projects of the Corps. Sets forth reporting requirements. Requires the Secretary to establish a goal of five percent of the total amount of Civil Works funds obligated for contracts and subcontracts entered into by the Department of the Army for FY 1993 for award to small business concerns owned and controlled by socially and economically disadvantaged individuals, the majority of the earnings of which directly accrue to such individuals, and to historically Black colleges and universities or minority institutions, with exceptions. Authorizes the Secretary to provide assistance to non-Federal interests for carrying out projects for the reclamation of waste water for beneficial uses. Sets the non-Federal share of the cost of projects for which assistance (other than loans) is provided at not less than 25 percent, with exceptions. Specifies that no such assistance may be provided by the Secretary to carry out a project unless such project and assistance are specifically authorized by law. Authorizes the Secretary to make such grants and loans to the Santa Clara Water District and to the city of San Jose, California, to demonstrate and field test for public use innovative processes which advance the technology of waste water reuse and reclamation and which promote the use of reclaimed waste water for critical water supply purposes and for the protection of fish and wildlife in the San Francisco Bay. Sets the Federal share for specified grants at 75 percent. Authorizes appropriations. Authorizes the Secretary to: (1) participate in the study, engineering, design, and construction of a regional water reuse system for Southern California; (2) study, engineer, design, and construct water reuse demonstration facilities to develop advanced technology for economically and environmentally sound alternative water supplies for the San Diego metropolitan area; (3) participate, with the city of Santa Rosa, California, in the design, planning, and construction of water reuse projects; (4) participate, with the County of Napa, California, in the design, planning and construction of expansion of the Soscol Wastewater Treatment Plant in such county; and (5) provide assistance to non-Federal interests for carrying out environmental infrastructure and resource protection and development projects. Sets forth the Federal (or non-Federal) share of such projects, and reporting requirements. Title III: Miscellaneous Provisions - Extends the jurisdiction of the Mississippi River Commission. Directs the Secretary to: (1) develop a prevention monitoring program for zebra mussels throughout the New York City water supply system; (2) develop appropriate zebra mussel prevention and removal technologies for such system; and (3) provide technical assistance to the State and city of New York on alternative design and maintenance practices for such system in the event of zebra mussel infestation. Sets forth cost-sharing provisions. Authorizes appropriations. Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to: (1) direct the Secretary of the department in which the Coast Guard is operating to provide that regulations issued under such Act apply to vessels that carry ballast water and that, after operating on the waters beyond the exclusive economic zone, enter a U.S. port on the Hudson river where water is characterized as having a salinity less than 18 percent; (2) authorize such Secretary to provide that such regulations apply to vessels operating in other rivers, canals, lakes, and waterways where discharge of ballast water could result in the introduction and spread of aquatic nuisance species into the Great Lakes; and (3) include the Great Lakes in the study to determine the need for controls on vessels entering U.S. waters. Authorizes the Secretary to enter into a cooperative agreement with the Earth Conservancy to develop, and carry out along the Susquehanna River between Wilkes-Barre and Sunbury, Pennsylvania, a wetlands demonstration project for the purposes of: (1) enhancing municipal waste water treatment in the region; (2) restoring and maintaining the physical, chemical, and biological integrity of the Susquehanna River and its tributaries as well as nearby lands; and (3) developing cleanup technologies which can be utilized for various environmental restoration initiatives. Authorizes appropriations. Directs the Secretary to enter into a cooperative agreement with non-Federal interests to develop and carry out along the Juniata River and its tributaries, Pennsylvania, a watershed reclamation and protection and wetlands creation and restoration project. Authorizes appropriations. Authorizes: (1) the construction of boat ramps and docks at Clarks Hill Reservoir, Georgia, subject to specified requirements; and (2) the Secretary to construct trailhead facilities at specified projects in West Virginia. Amends the Water Resources Development Act of 1990 to direct the Secretary and the Administrator of the Environmental Protection Agency to jointly: (1) conduct a one-year review to select removal, pretreatment, and decontamination technologies for contaminated sediments; (2) implement a five-year demonstration program in the New York/New Jersey Harbor to assess the removal, pretreatment, and decontamination technologies selected under the review in rendering sediments safe for unrestricted ocean disposal and beneficial reuse; (3) transmit to the Congress recommendations for additional sites on the Gulf of Mexico and on the west coast; (4) establish a scientific advisory panel and a citizen advisory panel; and (5) report to the Congress. (Under current law, the Secretary shall implement a demonstration project for disposing on an annual basis of up to ten percent of the material dredged from the New York/New Jersey Harbor region in an environmentally sound manner other than by ocean disposal.) Authorizes appropriations. Directs the Secretary to conduct: (1) studies of Baltimore Harbor, Maryland, for the purpose of developing analytical procedures and criteria for contaminated dredged material in order to distinguish those materials which should be placed in containment sites from those which could be used in beneficial projects or placed in open waters without being chemically altered, and for the purpose of determining the feasibility and necessity of decontaminating dredged materials and of dewatering and recycling such materials for use as marketable products; and (2) a demonstration project to assess the extent of sediment contamination in such harbor, inventory the types of sediments, assess the need for remedial action, and prioritize contaminated areas in terms of need for remediation. Sets forth reporting requirements. Requires the Secretary to develop a comprehensive five- and 20-year sediment management strategy for Toledo Harbor, Ohio, and to transmit a copy of the strategy to the Congress. Authorizes and directs the Secretary to conduct technology transfer of innovative sediment management techniques developed through engineering and design technical assistance to other Great Lakes States and local sponsors for use at federally authorized harbors and navigation channels. Authorizes appropriations. Directs the Secretary to amend the contract between the State of Illinois and the United States for use of storage space for water supply in Rend Lake on the Big Muddy River, Illinois, to relieve the State of the requirement to make annual payments for unused water supply storage under specified circumstances. Amends the Water Resources Development Act of 1988 to authorize the Secretary to pay tuition expenses of suitable, English-taught primary and secondary education in Puerto Rico for the children of a Federal employee who is employed (currently, temporarily residing and employed) in Puerto Rico for the construction of the Portuguese and Bucana Rivers, subject to specified requirements. Amends the Water Resources Development Act of 1990 to direct the Secretary to complete the project for removal of silt and aquatic weeds, Sauk Lake, Minnesota, including acquisition, operation, and maintenance (currently, acquisition) of weed harvesting equipment, using funds appropriated by the Congress for such purpose. Directs the Secretary to undertake such measures as necessary to compensate for damages caused to public and private property by the drawdown undertaken in March 1992 by the Corps at the Little Goose and Lower Granite projects in Washington, at a total cost of $10,000,000. Specifies that the costs of such measures shall be considered project costs and allocated in accordance with existing cost allocations for such projects. Directs the Secretary to enter into cooperative agreements with: (1) the Alliance for Coastal Engineering at the Davidson Laboratory, Stevens Institute of Technology, Hoboken, New Jersey, for expansion of the educational facilities for the graduate program in coastal engineering, expansion of such program, development of a demonstration component, and conducting research at such facilities; (2) the Arkansas Water Resources Center at the University of Arkansas, Fayetteville, Arkansas, for expansion of facilities and efforts of its Water Quality Laboratory and the Soil Test Diagnostic Laboratory; and (3) the University of Pittsburgh for acquisition and analysis of a 36-acre area within the Linesville Creek, Pennsylvania, watershed for purposes of ecosystem protection, flood control, and related objectives. Authorizes appropriations. Requires the Secretary to establish a pilot program for providing environmental restoration infrastructure and resource protection development projects to non-Federal interests in south central Pennsylvania, subject to specified (including reporting) requirements. Amends the Water Resources Development Act of 1990 to repeal a limitation on the authorization of appropriations for fiscal years beginning after 1991. Directs the Secretary to carry out a project to establish a transfer facility at the Leonard Ranch property adjacent to Port Sonoma-Marin, California, for the drying and rehandling of dredged material from San Francisco Bay for transport to an upland site for beneficial uses. Sets forth provisions regarding: (1) plan development; (2) cooperative agreements; (3) quality of dredged material; (4) monitoring and reporting; and (5) authorization of appropriations. Directs the Secretary to: (1) develop and implement a plan for modifying the channel bypass element of the Levisa Fork, Kentucky, project for water quality improvement in and restoration of Pikeville Lake, Kentucky; and (2) undertake a revision of the master plan for the Raystown Lake, Pennsylvania, project and submit to the Congress for approval any proposed changes that significantly change uses of the Lake, surrounding land resources, or any facilities located thereon. Authorizes the Secretary to participate: (1) with the Sonoma County Vernal Pool Task Force in developing a plan for the development and preservation of seasonal wetlands on the Santa Rosa plain, California; and (2) in the study and construction of a water resources project in the vicinity of Phoenix, Arizona, for the purpose of providing flood control and improving water quality in the Tres Rios wetlands, Arizona, at a total cost of $7,500,000. Directs the Secretary to: (1) correct the design deficiency at the Klamath Glen levee, California; and (2) cooperate with State and local officials in reviewing the water supply needs of the Mahoning Valley Sanitary District, Ohio. Redesignates a parcel of land to be conveyed by the Secretary to the Commandant of the Coast Guard, and the building located thereon, for use as a clubhouse for the local American Legion Post of Sault Sainte Marie, Michigan. Authorizes the Secretary to provide assistance to the Hackensack Meadowlands Development Commission of the State of New Jersey for the development of the Phase I Environmental Improvement Program of the Special Area Management Plan for the Hackensack Meadowlands area, New Jersey, to serve as a national model and to provide guidance on the integration of comprehensive environmental planning into Federal laws and regulations which affect the quality of the environment. Authorizes appropriations. Directs the Secretary to: (1) initiate a program to exchange certain lands at Allatoona Lake, Georgia; and (2) study a hydro-environmental monitoring and information system in the New York Bight and Harbor, subject to specified (including reporting) requirements. Requires the Secretary to: (1) conduct a national study on information that is currently available on contaminated sediments; and (2) compile information obtained in such study for identifying the location and nature of contaminated sediments in the nation. Sets forth reporting requirements. Authorizes the Secretary to cooperate with non-Federal interests in the completion of a study on contaminated sediments in Milwaukee Harbor, Wisconsin, and surrounding areas. Authorizes appropriations. Directs: (1) the Secretary to complete planning, design, and construction of a project for navigation, Arthur Kill, New York and New Jersey; and (2) the President to transmit to specified congressional committees a report on expenditures from and deposits into the Harbor Maintenance Trust Fund. Authorizes the Secretary to: (1) conduct investigations and surveys of the watersheds of the rivers in the Conemaugh River Basin, Pennsylvania; and (2) develop and implement restoration projects for abatement and mitigation of water quality degradation caused by abandoned mines and mining activity in such basin. Directs the Secretary to enter into a cooperative agreement with the University at Buffalo under which the Secretary will assist the Great Lakes Program and the National Center for Geographic Information Analysis of such university in establishing an information clearinghouse and repository for spatial and attribute data concerning the Great Lakes watershed. Authorizes appropriations. Authorizes the Secretary to transfer to the State of Wisconsin the locks and appurtenant features of the navigation portion of the Fox River System, Wisconsin. Amends the Water Resources Development Act of 1986 to provide that costs incurred after the date of enactment of such Act (November 17, 1986) for specified fish and wildlife mitigation purposes shall be allocated and subject to cost-sharing or reimbursement as specified in such Act (as under current law), including costs for lands, easements, rights-of-way, and relocations. Authorizes the Secretary to conduct a study on environmentally beneficial ways to expand or supplement existing placement options and sites serving channel dredging operations of the Port of Baltimore. Specifies that such study shall enhance an ongoing long-term management study for the Chesapeake Bay area being conducted by the State of Maryland and the Secretary. Sets forth reporting requirements. Authorizes appropriations. Declares portions of Cuyahoga County, Ohio, to be non-navigable waters of the United States, subject to specified limitations.
![Official portrait of Rep. Hammerschmidt, John P. [R-AR-3]](https://www.congress.gov/img/member/h000124_200.jpg)