October 12, 1984 CC

H.R. 6028. An act making appropriations for the Departments of Labor, Health and

Human Services, and Education, and related

agencies, for the fiscal year ending September 30, 1985, and for other purposes;

H.R. 6163. An act to amend title 28,

United States Code, with respect to the

places where court shall be held in certain

judicial districts, and for other purposes;

H.R. 6224. An act to provide for the as- sumption of selected functions, programs,

and resources of St. Elizabeths Hospital by the District of Columbia, to provide for the

establishment of a comprehensive mental

health care system in the District of Columbia, and for other purposes; H.R. 6286. An act to amend title 35,

United States Code, to increase the effectiveness of the patent laws, and for other

purposes; and

H.R. 6342. An act to approve governing international fishery agreements with Iceland and the EEC; to establish national

standards for artificial reefs; to implement the Convention on the Conservation of Antarctic Marine Living Resources; and for

other purposes.

BILLS DISAPPROVED AFTER

SINE DIE ADJOURNMENT

The President announced his disapproval of the following bills with memorandums of disapproval as follows:

H.R. 2859

The President has withheld his approval from H.R. 2859, a bill for the

relief of John Brima Charles.

H.R. 6248

MEMORANDUM OF DISAPPROVAL

I am withholding my approval from

H.R. 6248, the "Armed Career Criminal Act of 1984."

This legislation would generally enhance the penalties under existing law

applicable to a felon who has been

convicted three times in a United

States or State court of robbery or

burglary and who receives, possesses,

or transports firearms.

Although I certainly support the

aims of H.R. 6248, I note that identical

provisions were contained in the Administration's "Comprehensive Crime

Control Act," which I approved on October 12, 1984, as part of P.L. 98-473.

That legislation-marking the culmination of much hard work and effort

on the part of members of my Administration and the Congress-is the

most comprehensive revision of Federal criminal statutes to be enacted in

many years.

Inasmuch as H.R. 6248 merely duplicates existing law, it is unnecessary.

Accordingly, I decline to approve it.

RONALD REAGAN.

THE WHITE HOUSE, October 19, 1984.

H.R. 452

MEMORANDUM OF DISAPPROVAL

I am withholding my approval of

H.R. 452, a bill "For the relief of

Jerome J. Hartmann and Rita J. Hartmann."

The purpose of the bill is to allow

the Hartmanns to file an action

against the United States, notwithstanding any other provision of law or

)NGRESSIONAL RECORD-HOI

order of any court or administrative

body, with respect to damage suffered

by them due to the rise in the water

level of Avon Lake, Iowa, allegedly

caused by the negligent design, construction, and operation of the Red

Rock Reservoir and related levees.

Jerome J. Hartmann and Rita J.

Hartmann are the owners of property

near the Red Rock Dam and Lake Red

Rock project in Iowa, which was con- structed by the United States Army

Corps of Engineers and began operation in 1969. The Hartmanns' property includes Avon Lake, a former gravel

quarry that the Hartmanns operated

as a recreational lake.

In the spring of 1973, during a

period of record rainfall and impoundment of record flood storage at Lake

Red Rock, the level at Avon Lake and

another nearby lake, Avondale Lake,

rose to a record elevation. Operation

of Avon Lake for recreation was suspended and approximately 100 homes

in the area suffered some form of

flood damage. By August of 1973, Lake

Red Rock had returned to low levels

but despite pumping of Avondale Lake

by the Corps of Engineers, Avon and

Avondale Lakes did not recede. In

1974, with no apparent influence

whatever from Lake Red Rock, the

levels at Avon and Avondale Lakes

rose to new highs. The waters did not

recede to normal levels until after

1974.

While I sympathize with the Hartmanns and all others who suffer losses

from flood waters, I am compelled to

withhold my approval of H.R. 452 on

several grounds.

First, the Corps attempted to determine the cause of the rise in water

levels at Avon and Avondale Lakes.

The geology of the area was reexamined and water levels were monitored.

A casual relationship between the Federal project and the fluctuations in

water elevation levels at the private

lakes has not been established.

Second, over fifty years ago, when it was embarking on a major program to

build flood control projects, the Congress established Federal immunity

(33 U.S.C. 702(c)) against claims for incidental or periodic flood damages

that might be associated with such

projects in recognition that these

projects yield broad and substantial

societal and economic benefits for the

country.

Over the years, the Executive

branch and the Congress have viewed

this immunity as essential to continued Federal involvement in the area of

flood control. Contrary to this longstanding national policy, H.R. 452

would establish an undesirable precedent and grant preferential treatment

to the Hartmanns over residents of

the area who may have similarly suffered flood damages. The circumstances of this case clearly do.not warJSE 32349

rant special treatment for the Hartmanns.

RONALD REAGAN.

THE WHITE HOUSE, October 30, 1984.

H.R. 723

MEMORANDUM OF DISAPPROVAL

I am withholding my approval of

H.R. 723, a private bill for the relief of

Marsha D. Christopher, a Postal Service worker. I sympathize with Mrs.

Christopher. The on-the-job injury to

her resulting from an attack by a dog was severe, but I believe that enactment of this bill would set an undesirable and potentially costly precedent

and would discriminate unfairly

against the thousands of other postal

workers and Federal employees who

also incur job-related injuries.

Mrs. Christopher has received the

benefits allowed to Federal workers injured on the job as provided by the

Federal Employees' Compensation Act

(FECA). The bill would waive the subrogation provisions of FECA, thus enabling Mrs. Christopher to receive and

retain FECA benefits in addition to

money recovered by her as the result

of her private settlement with the

owner of the dog. This would undermine the primary purpose of the subrogation provisions of the Act, which

is to place the cost of compensation on

the person or persons responsible for

the injury and to relieve the taxpaying

public of this expense.

RONALD REAGAN.

THE WHITE HOUsE, October 30, 1984.

H.R. 999

MEMORANDUM OF DISAPPROVAL

I am withholding my approval from

H.R. 999, the "American Conservation

Corps Act of 1984." This legislation

would establish, within the Departments of Agriculture and the Interior,

conservation-related employment programs for youths.

The programs that H.R. 999 would

in effect reestablish-the Youth Conservation Corps (YCC) and the Young

Adult Conservation Corps (YACC)-

were terminated by Congress at my

recommendation because they had

proven to be costly and unnecessary.

The American Conservation Corps

(ACC) would duplicate other efforts

for youth financed by the Job Training Partnership Act (JTPA), such as the Job Corps, JTPA State Block

Grants, and the Summer Youth program. In fiscal year 1985, the Federal

Government will spend nearly $2.2 billion on these programs, which will

train about 1.5 million people. This

training is done at a much lower percapita cost than would be the case under the ACC, and is much more

likely to result in permanent private

sector jobs for their graduates because

they involve the private sector in job

training.

31-059 0-87-19 (Pt. 23)