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[Journal of the House of Representatives, 1995]
[Thursday, May 11, 1995 (64), Para 64.25 Recorded Vote]
[Page 691]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.64.25  recorded vote

  A recorded vote by electronic device was ordered in the Committee of 
the Whole on the following amendment submitted by Mr. VISCLOSKY:

       Page 82, after line 21, insert the following:
       (c) National Clean Water Trust Fund.--Section 309 (33 
     U.S.C. 1319) is further amended by adding at the end the 
     following:
       ``(i) National Clean Water Trust Fund.--
       ``(1) Establishment.--There is established in the Treasury 
     a National Clean Water Trust Fund (hereinafter in this 
     subsection referred to as the `Fund') consisting of amounts 
     transferred to the Fund under paragraph (2) and amounts 
     credited to the Fund under paragraph (3).
       ``(2) Transfer of amounts.--For fiscal year 1996, and each 
     fiscal year thereafter, the Secretary of the Treasury shall 
     transfer, to the extent provided in advance in appropriations 
     Acts, to the fund an amount determined by the Secretary to be 
     equal to the total amount deposited in the general fund of 
     the Treasury in the preceding fiscal year from fines, 
     penalties, and other moneys obtained through enforcement 
     actions conducted pursuant to this section and section 
     505(a)(1), including moneys obtained under consent decrees 
     and excluding any amounts ordered to be used to carry out 
     mitigation projects under this section or section 505(a), as 
     the case may be.
       ``(3) Investment of amounts.--The Secretary of the Treasury 
     shall invest in interest-bearing obligations of the United 
     States such portion of the Fund as is not, in the Secretary's 
     judgment, required to meet current withdrawals. Such 
     obligations shall be acquired and sold and interest on, and 
     the proceeds from the dale or redemption of, such obligations 
     shall be credited to the Fund in accordance with the 
     requirements of section 9602 of the Internal Revenue Code of 
     1986.
       ``(4) Use of amounts for remedial projects.--Amounts in the 
     Fund shall be available, as provided in appropriations Acts, 
     to the Administrator to carry out projects to restore and 
     recover waters of the United States from damages resulting 
     from violations of this Act which are subject to enforcement 
     actions under this section and similar damages resulting from 
     the discharge of pollutants into the waters of the United 
     States.
       ``(5) Selection of projects.--
       ``(A) Priority.--In selecting projects to carry out under 
     this subsection, the Administrator shall give priority to a 
     project to restore and recover waters of the United States 
     from damages described in paragraph (4), if an enforcement 
     action conducted pursuant to this section or section 
     505(a)(1) against such violation, or another violation in the 
     same administrative region of the Environmental Protection 
     Agency as such violation, resulted in amounts being deposited 
     in the general fund of the Treasury.
       ``(B) Consultation with states.--In selecting projects to 
     carry out under this section, the Administrator shall consult 
     with States in which the Administrator is considering 
     carrying out a project.
       ``(C) Allocation of amounts.--In determining an amount to 
     allocate to carry out a project to restore and recover waters 
     of the United States from damages described in paragraph (4), 
     the Administrator shall, in the case of a priority project 
     under subparagraph (A), take into account the total amount 
     deposited in the general fund of the Treasury as a result of 
     enforcement actions conducted with respect to such violation 
     pursuant to this section or section 505(a)(1).
       ``(6) Implementation.--The Administrator may carry out a 
     project under this subsection either directly or by making 
     grants to, or entering into contracts with, the Secretary of 
     the Army or any other public or private entity.
       ``(7) Report to congress.--Not later than 1 year after the 
     date of the enactment of this subsection, and every 2 years 
     thereafter, the Administrator shall transmit to Congress a 
     report on implementation of this subsection.''.
       ``(d) Use of Civil Penalties for Mitigation Projects.--
       ``(1) In general.--Section 309(d) (33 U.S.C. 1319(d)) is 
     amended by inserting after the second sentence the following: 
     ``The court may, in the court's discretion, order that a 
     civil penalty be used for carrying out mitigation projects 
     which are consistent with the purposes of this Act and which 
     enhance the public health or environment.''.
       ``(2) Conforming amendment.--Section 505(a) (33 U.S.C. 
     1365(a)) is amended by inserting before the period at the end 
     of the last sentence the following: ``, including ordering 
     the use of a civil penalty for carrying out mitigation 
     projects in accordance with section 309(d)''.

It was decided in the

Yeas

156

negative

Nays

247
```