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HOUSE OF REPRESENTATIVES-Monday, September 10, 1984 The House met at 12 o'clock noon, H.R. 2387. An act for the relief of Benja And I ask, "Why was it vetoed in the and was called to order by the Speaker min B. Doeh. first place, Mr. President?" pro tempore [Mr. WRIGHT]. The message also announced that The forfeiture legislation will be on the Senate disagrees to the amend the floor tomorrow, but it has taken DESIGNATION OF SPEAKER PRO ment of the House to the bill

31-059 0-87-2 (Pt. 18) 24650 CONGRESSIONAL RECORD-HOUSE September 10, 1984 ence. I think we have enough confer committee are to be congratulated for ... is in their individual and collective ees that lean toward doing something fashioning a bill which adequately interest. 1 about that on this side of the building, protects the rights of political dissi It is my hope that this bill, when en and still being backstopped by a veto dents. The subcommittee worked with acted into law, will serve as a small but downtown if we end up with some the administration, the Department of important step toward the full recog thing that is unacceptable; it is either Justice and the Department of State, nition of basic human rights in domes that or nothing. the American Bar Association, and a tic and international law. My amend I think I am prepared to take the number of outside groups, such as the ment protects an individual against in calculated risk of being able to get ACLU and the Association of the Bar justice and avoids the potential that something that will be satisfactory by of the city of New York, to present a our Nation will be complicit in foreign way of conference amendments. fair and balanced definition of what injustice because of reasons of State. I yield back to the gentleman. constitutes a political offense. Under Without the reforms contained in this Mr. HUGHES. Mr. Speaker, for the the bill our country would not serve as bill, our Nation's extradition laws will information of my colleagues, I am in a haven for terrorists. On the other continue to hold the potential for fur cluding the following correspondence hand, the bill, if enacted, will serve tp thering the political persecution of relating to this legislation: prevent our country from becomil'ig dissidents, rather than advancing our COMMITTEE ON THE JUDICIARY, unnecessarily embroiled in taking heritage as a safe harbor against the Washington, DC, September 6, 1984. sides in the civil wars of other coun winds of despotism.e Hon. DANTE B. FAscELL, tries. • Mr. FISH. Mr. Speaker, I oppose Chairman, Committee on Foreign Affairs, H.R. 3347 because amendments adopt House of Representatives, Rayburn The single most important reform House Office Building, Washington, DC. found in the bill is contained in an ed by the committee on the Judiciary DEAR MR. CHAIRMAN: To expedite consider amendment I offered in committee Committee destroy any ability of this ation of H.R. 3347, the Extradition Reform and which the committee accepted. measure to improve the extradition Act of 1984, I respectfully requested that The amendment authorizes Federal process. you withdraw the request of the Committee courts to refuse the extradition of a This is most unfortunate because on Foreign Affairs for a sequential referral. person if that person establishes that the need for reform is great. It would Of course, I understand that a withdrawal his or her return will either result in reduce needless bureaucratic expense of your request would be without prejudice and delay while further protecting the to the jurisdiction of the Committee on For impermissible persecution or subject eign Affairs. him or her to fundamental unfairness. rights of those subject to extradition I appreciate your assistance on this The person being sought must estab requests. Herein lies the difficulty: Ex matter. lish this defense by a preponderance tradition treaties are based on mutual With best regards. of the evidence. trust between the respective nations. Sincerely, The Kastenmeier amendment pro Returning the accused to the foreign PETER W. RODINO, Jr., tects against persecution based on a nation for trial requires the commit Chairman. person's race, religion, sex, nationality, ments of both nations to basic human or because of a person's political opin rights. COMMITTEE ON FOREIGN AFFAIRS, Washington, DC, September 6, 1984. ions. These standard protections are The committee amendments which Hon. THoMAs P. O'NEILL, Jr., derived from the United Nations Con were adopted imply that no such The Speaker, House of Representatives, vention and Protocol Relating to the mutual trust and commitments exist. Room H-209, U.S. Capitol, Washington, Status of Refugees. As a result, the new requirements DC. Opponents of this amendment argue make it extremely difficult to extra DEAR MR. SPEAKER: At your request and at that the extradition process itself can dite any criminal. Rather than im the request of the Honorable Peter W. adequately protect human rights. This prove the process these amendments Rodino, Jr., Chairman of the Committee on the Judiciary, the Committee on Foreign hope is illusory. We already have ex only succeed in creating a quagmire of Affairs will forego consideration under se tradition treaties with a number of litigation. Thus, H.R. 3347 creates quential referral of H.R. 3347, to amend countries whose judicial procedures harmful burdens on both judicial title 18 of the United States Code with re are suspect. For example, we have ex system and our treaties and relations spect to extradition, as reported by the tradition treaties with Iraq, Poland, with other nations. Committee on the Judiciary without preju Albania, El Salvador, and Nicaragua. The Subcommittee on Crime codi dice to the jurisdiction of the Committee on We cannot elevate extradition re fied a defense to extradition common Foreign Affairs. quests from those countries to the With best wishes, I am, ly known as the "political offense." Sincerely yours, same status as interstate extradition Under the political offense doctrine, DANTE B. FASCELL, requests from one State of the United persons committing illegal acts with Chairman. States to another. Without this purely political motives in politically e Mr. KASTENMEIER. Mr. Speaker, amendment there would only be the charged situations may avoid the ex I rise in strong support for this bill. State Department to prevent abuses. tradition process. The subcommittee The judicial treatment our country af In my view, the Federal courts are well realized however, that even political fords to persons charged with crimes suited to make the types of decisions motives do not justify heinous acts. in other countries is an important in called for in this amendment. They al The acts that can never be political of dicator of the value our country places ready make similar decisions in asylum fenses under H.R. 3347 are hijacking, on human rights. This bill significant cases. Moreover, the grant of such au attacks on international protected per ly reforms and improves our Nation's thority to the judicial branch may sons, drug trafficking, rape, terrorist laws with respect to the judicial proce serve as a buffer to protect the execu acts and attempts and conspiracies of dures which must be followed before a tive branch from protests from re these acts. person-including an American citi questing countries when we refuse ex The committee voted by a narrow zen-may be returned for trial or pun tradition. margin of 16 to 14 to strike conspir ishment in another country. The bill As the second circuit court of ap acies to commit these specific acts represents a careful balance between peals recently said: from the list of crimes that can never the rights of the State and the rights In the 20th century the international be political offenses, under the mistak community has come to recognize the en belief that someone could be more of individuals. It represents a substan common danger posed by flagrant disregard tial improvement over prior legislation of basic human rights and particularly the easily extradited under a bogus charge in this area. right to be free from torture . . . civilized The chairman of the Subcommittee nations have banded together to prescribe • Filartiga v. Pena-lrala, 630 F.2d 876, 890 <2d Ctr. on Crime and the members of the sub- acceptable norms of international behavior 1980). September 10, 1984 CONGRESSIONAL RECORD-HOUSE 24651 of a conspiracy. The rationale behind e Mr. MORRISON of Connecticut. ual human rights claim without con the amendment is incorrect for several Mr. Speaker, I rise in support of the sidering the ramifications any decision reasons. Before extradition occurs, the bill, H.R. 3347, the Extradition would have on our relations with that court must find probable cause that Reform Act of 1984. This bill is the nation. Thus, reliance on the Federal the defendant conspired to commit product of the work of the Committee courts to resolve these issues is the one of the listed acts that can never be on the Judiciary over the past two only fair and objective method for re a political offense. Conspiracy case law Congresses. The chairman of the Sub solving these issues. documents the difficulty in proving committee on Crime, my distinguished I also note that the bill contains an probable cause in a conspiracy case; it colleague from New Jersey [Mr. important amendment which I au is much harder to show probable cause HUGHES], is to be congratulated. thored, which was adopted in commit that a conspiracy exists than it is to Last Congress the committee report tee. Under the bill a person like the show probable cause that the defend ed a bill which raised serious concerns late Senator Aquino of the Phillipines, ant was involved in the illegal act in the community of persons con who was charged with a conspiracy, which is the result of the conspiracy, I cerned about international human would still have been able to avoid ex believe that someone conspiring to rights, and, due to the heavy agenda tradition by asserting the political of commit one of the listed acts that can at the end of the session, that bill was fense defense. Opponents of my never be a political offense is just as not voted on. This Congress the com amendment want to preclude such culpable as those who attempt or mittee began the legislative process again, and-in my view-improved on protection. This view is shortsighted. commit the listed act. It is intellectual If an alleged offender conspired and ly inconsistent to give preferred treat its work. This Congress the committee ment to conspiracy charges. further refined the definition of a po completed a heinous act, the defense is The committee's actions also reflect litical offense and, most importantly, unavailable. Under my amendment, all a misunderstanding of the differences met the legitimate concerns about the that is permitted is the assertion of a between Federal and international law need to add additional procedural pro defense if mere inchoate conduct is al by abolishing the rule of noninquiry. tections to guard against the abuse of leged. By a vote of 16 to 15, the committee human rights. I strongly urge my colleagues to sup eliminated one of the oldest extradi The bill before us this afternoon has port this measure.e tion principles and a cornerstone of the strong support of the American Mr. HUGHES. Mr. Speaker, I have the extradition process. In 1916, the Bar Association, the Association of the no further requests for time, and I Supreme Court refused to inquire into Bar of the city of New York, and the yield back the balance of my time. the motive of the Nation seeking ex American Civil Liberties Union. This is The SPEAKER pro tempore. The tradition. In re Lincoln, 241 U.S. 651 so because the bill dramatically im question is on the motion offered by 0916). Since that time, no U.S. court proves Federal law by providing the the gentleman from New Jersey [Mr. has inquired into the politics behind Federal courts with authority to HuGHES] that the House suspend the an extradition request. The existing refuse to extradite a person if that rules and pass the bill, H.R. 3347, as rule of noninquiry is a court imposed person establishes by a preponderance amended. rule, indicating the courts' recognition of the evidence that the person's The question was taken. that they cannot adequately assess the return will result in either impermissi Mr. LUNGREN. Mr. Speaker, on motives of the requesting nation. ble persecution or subject the person that I demand the yeas and nays. Courts do not have the ability, re to fundamental unfairness. This safe The yeas and nays were ordered. sources, or time to read the minds of guard is derived from the United Na The SPEAKER pro tempore. Pursu political officials in other countries. A tions Convention and Protocol on the ant to the provisions of clause 5, rule public inquiry into the motives and in Status of Refugees and parallels the I, and the Chair's prior announce tegrity of foreign officials will harm treatment given to alleged offenders in ment, further proceedings on this foreign relations. virtually all modern democracies. motion will be postponed. The political assessments made in Great Britain, the Federal Republic of the international community are and Germany, Israel, Australia, New Zea should remain within the exclusive land, India, and Sweden, for example, GENERAL LEAVE province of the Secretary of State for all permit courts to inquire into the Mr. HUGHES. Mr. Speaker, I ask the simple reason that the Secretary is bona fides of an extradition request. unanimous consent that all Members the only person with the resources Opponents of this feature of the bill may have 5legislative days in which to necessary to make an informed deci argue that Federal courts should not revise and extend their remarks, and sion. The Secretary of State, unlike be involved in such foreign policy mat to include extraneous material, on the the courts, is able to avoid publicity in ters. That type of argument has also bill just considered. making this decision and simply does been made-and rejected-only recent The SPE.AKER pro tempore. Is not pursue requests based on political ly by the House in the context of po there objection to the request of the motives. Absolutely nowhere in the litical asylum decisions. We all know gentleman from New Jersey? subcommittee testimony has anyone that the Department of State must, of There was no objection. suggested that the Department of necessity, make decisions about indi State has failed to protect the civil vidual issues-including extradition re rights of individuals. The lack of faith quests-in the context of our total re MONEY LAUNDERING in the executive branch's responsibil lations with other countries. There is PENALTIES ACT OF 1984 ity for the political motive issue is almost an inherent conflict in roles Mr. HUGHES. Mr. Speaker, I move baseless. when we ask the Department of State to suspend the rules and pass the bill The President will likely veto H.R. to make judicial determinations about to improve the criminal 3347 because it misunderstands the ex whether an alleged offender will re enforcement of provisions of law relat tradition process by assuming that ceive nondiscriminatory, fundamental ing to currency and foreign transac procedures alone can guarantee rights. ly fair treatment in a requesting coun tions, as amended. The excess procedures in H.R. 3347 try. It is unavoidable that the Depart only so complicate the extradition ment of State will be asked to refuse a H.R. 6031 process that all criminals will benefit person's extradition because of allega The Clerk read as follows: Be it enacted by the Senate and House of from them at the expense of the U.S. tions of persecution or grossly abusive Representatives of the United States of communities and our foreign relations. treatment in the requesting country. America in Congress assembled, That this For these reasons, I urge you to join It is virtually impossible for that polit act may be cited as the "Money Laundering me in opposing H.R. 3347 .e ical department to weigh that individ- Penalties Act of 1984", 24652 CONGRESSIONAL RECORD-HOUSE September 10, 1984 SEC. 2. Section 532l of section 5316 of In 1979, a distinguished member of title 31, United States Code, is amended will reduce their inconvencience, (!) by striking out "more than $5,000" and the Banking Committee, the gentle man from New York [Mr. LAFALCE] reduce the delay at airports, and cut inserting in lieu thereof "more than the costs of the computerized filing of $10,000"; and after a study mission to South Amer (2) by inserting ", is about to transport," ica to examine the relationship of reports which have no law enforce after "transports". money laundering to the drug traffic, ment value. (d) Subsection of section 5317 of title developed, in cooperation of the Treas This is a modest bill, yet it will sub 31, United States Code, is amended- ury Department the predecessor legis stantially assist our ability to fight the (!) by inserting "(1)" after "(a)"; and lation to this bill. At the recommenda money laundering that fuels the inter (2) by adding at the end the following new national drug trade, and is the tool of paragraph: tion of the Treasury Department, Mr. "(2) A customs officer may stop and LAFALCE's proposals were included in racketeers hoping to avoid detection search, without a search warrant, a vehicle, the 42 part crime bill, S. 1762, which and prosecution. vessel, aircraft, or other conveyance, enve passed the Senate earlier this year. I want to thank the gentleman from lope or other container, or person entering The Subcommittee on Crime has Rhode Island [Mr. ST GERMAIN], the or departing from the United States with re been examining the problem of money gentleman from Ohio [Mr. WYLIE], spect to which or whom the officer has rea laundering for quite some time, includ the gentleman from New Jersey [Mr. sonable cause to believe there is a monetary ing how illegal drug profits are laun MINISH], and the gentleman from Vir instrument being transported in violation of section 5316 of this title.". dered through legal gaming casinos in ginia [Mr. PARRIS] for their assistance (e) Chapter 53 of title 31, United States Nevada and New Jersey. When this in expediting action on this legislation. Code, is amended by adding at the end measure, title IX of S. 1762, was re thereof the following new section: ferred to the Crime Subcommittee, we 0 1350 "§ 5323. Rewards for informants quickly held hearings on it and report I should mention also once again the "(a) The Secretary of the Treasury may ed it favorably to the full Judiciary ranking Republican Member [Mr. pay a reward to a person who provides infor Committee on July 26, 1984. SAWYER] worked very hard on this mation which leads to the collection of a Building upon the work of the gen particular legislation. We really did criminal fine, civil penalty, or forfeiture, tleman from New York and the De not have very much time when the bill which exceeds $10,000, for a violation of this partment of the Treasury, the bill we was referred to us back in July, but we subchapter. have reported will improve the admin moved expeditiously and, thanks to "(b) The Secretary shall determine the istration of the Currency and Foreign amount of a reward under this section. The the work of the Committee on Bank Secretary may not award more than 25 per Transactions Reporting Act and ing, we have it on the floor today. cent of the net amount of the fine, penalty, strengthen its law enforcement fea It is a good bill and I urge my col or forfeiture collected or $150,000, whichev tures. leagues to support it. er is less. First, the bill raises the penalties Mr. SAWYER. Mr. Speaker, I yield "(c) An officer or employee of the United that may be imposed for violations of myself such time as I may consume. States, a State, or a local government who the act from the current maximum provides information described in subsection Mr. Speaker, I am pleased that the criminal penalty of a $1,000 fine and 1 House of Representatives is consider in the performance of official duties is year imprisonment, to a maximum not eligible for a reward under this sec ing a proposal similar to the Currency tion.". $250,000 fine and 5 years imprison and Foreign Transaction Reporting ment. The maximum civil penalty is (f) The table of sections at the beginning Act Amendments in the President's of chapter 53 of title 31, United States Code, raised from $1,000 to $10,000. Comprehensive Crime Control Act of is amended by adding at the end the follow Second, we provide greater flexibil ing new item: ity for the Secretary in setting the 1983. These amendments provide us with important tools to enable Federal "5323. Rewards for informants.". time for the filing of reports. Current law requires that reports be filed when law enforcement officials to cut down The SPEAKER pro tempore. Is a one transports or has transported cur the money laundering in this country second demanded? rency out of the country. The imple and beyond our borders. Mr. SAWYER. Mr. Speaker, I menting regulations have interpreted The large amount of money launder demand a second. this as the time of departure. By al ing taking place today is unacceptable. The SPEAKER pro tempore. With lowing the Secretary to require filing The movements of large amounts of out objection, a second will be consid when one is about to transport curren unreported cash results in highly prof ered as ordered. cy out of the country, the bill enables itable drug trafficking, organized There was no objection. the Secretary to require, in specialized crime endeavors, tax evasion, and The SPEAKER pro tempore. The cases, filing in advance of the time of other crimes that negatively impact on gentleman from New Jersey [Mr. departure which will facilitate the in all Americans. HUGHES] will be recognized for 20 min vestigation of criminal money laun I am convinced that the way to utes and the gentleman from Michi ders. reduce highly profitable crimes, like gan [Mr. SAWYER] will be recognized Third, the bill allows customs offi drug trafficking, is to remove the prof for 20 minutes. cers at the border to make searches, as its from these criminals. Taking the The Chair recognizes the gentleman they now are permitted to do for other profit out of crime is the key to the from New Jersey [Mr. HUGHES]. border inspections, for evidence of vio proposals before us today. It is also Mr. HUGHES. Mr. Speaker, I yield lations of the Currency Act, if they the heart of forfeiture reform, H.R. myself such time as I may consume. have reasonable cause to do so. Under 4901, which this body will be consider Mr. Speaker, the Committee on the recent interpretations of the fourth ing in the near future. For this impor Judiciary has favorably reported the amendment by the Supreme Court, tant reason, these proposals will go a bill, H.R. 6031, the Money Laundering this limited authority is constitutional. long way in reducing money launder- September 10, 1984 CONGRESSIONAL RECORD-HOUSE 24653 ing and therefore in reducing other quently not measured by counting, but I am particularly delighted with the profitable crimes. by weighing. This incredible amount provision that sets up a reward system The bill before us today does not in of money generated by drug traffick for informants who tip off authorities clude all of the law enforcement tools ing has spawned a subsidiary, multibil about huge sums of cash and negotia that are provided in title IX of S. 1762. lion-dollar industry, that of money ble securities being smuggled out of or For that reason, it is not as effective a laundering. While illicit drugs usually into the United States as part of a measure as I believe it could be. flow from outside the United States to laundering scheme to wash away any I will work to ensure that the Senate inside our borders, the predominant link with illicit activities. provision permitting wiretapping for direction of the tainted profits is just As a member of the Select Commit eign currency violations be adopted in the reverse-from the United States to tee on Narcotics Abuse and Control, I conference. I offered such an amend foreign locations. These places are am well aware of the frustration of ment in subcommittee, but I withdrew known for asking few questions about our law enforcement agents when they it until the chairman had an opportu the source of these funds, which are know but cannot prove that vast sums nity to clarify the need for this pro then laundered. Once laundered, the of money are changing hands daily for posal. I understand that experts from funds lose their identity as illegal illegal drugs. the Department of Justice have ex profits and are frequently returned to They report to us that they can get plained to the chairman of the sub the United States in the form of loans the little man, the low-level criminal committee why money laundering or seemingly legitimate investments. who does the dirty work. But they also schemes provide the classic case of To address this illegal activity, we say the upper echelon of the criminal need for wiretapping authority. require persons taking large amounts society remains at arms length from I strongly believe that money laun of cash out of, or into, the country to the transactions and reaps the profits dering offenses should be added to the file reports with the Department of list of crimes for which the Depart at little or no risk. ment of Justice is authorized to obtain the Treasury. These reports are then I believe this reward system will put a court order to permit electronic sur analyzed to identify suspicious trans them at risk, for it will pit the crimi veillance to be employed as an investi actions. This bill makes a number of nal against the criminal. This is not gative device. Money laundering of changes to tighten up this enforce aimed at the business traveler or the fenses are frequently related to large ment device and provides penalties for vacationer who takes a supply of trav scale narcotics trafficking and are car violations which are commensurate elers checks to Jamaica or France or ried on in a clandestine manner with the seriousness of the violation. Hong Kong. In fact, another provision making wiretaps an effective, and The bill would also raise the dollar of this bill raises the amount that can sometimes indispensable, investigative threshold on reporting from $5,000 to be carried legitimately from $5,000 to tool. The statutory requirements for a $10,000. This change takes into ac $10,000. court-authorized order permitting count inflationary changes and to This legislation, rather, is aimed at electronic surveillance are extremely reduce the burden on legitimate inter the big-time criminal who must secret stringent, and include among other national travelers while concentrating ly smuggle illegal profits to another things a showing of probable cause to enforcement resources on more suspi country for laundering and who must believe that illegal activity, consisting cious transactions. smuggle money into the United States. of a violation of an enumerated of The bill clarifies the authority of And I absolutely reject as utterly false fense, is being conducted on the tele customs officers to make border the old statement that "There is phone or premises to be surveilled, as searches without warrants when they honor among thieves.'' well as a showing that such evidence have reasonable cause to believe that I believe that the prospect of collect cannot reasonably be obtained in an violations of the reporting act are ing 25 percent of any fine, penalty, or other manner. Just as in the case of taking place. It authorizes rewards for forfeiture will be too great a tempta sexual exploitation of children of information leading to the discovery tion for a criminal's underlings, not to fenses, which this Congress deter of violations of the act, and raises the identify his competitors in crime. mined earlier this year to add to the penalties for violations from a misde Bear in mind, if you will, that the list of enumerated offenses for pur meanor-punishable by a maximum of legislation states that an informer can poses of an electronic surveillance 1-year imprisonment and a $1,000 fine, receive 25 percent of the money, up to order, here too there is a strong case to a felony-carrying up to 5-years im a maximum reward of $150,000. for adding money laundering crimes to prisonment and a $250,000 fine. Civil This means than an informer who the underlying statute. penalties are increased tenfold, from knows of an attempt to smuggle I must also commend Mr. HUGHES $1,000 to $10,000. $600,000 or more on a flight to Swit for moving this important crime legis These improvements to one in our zerland can pick up the telephone, tip lation which is aimed at the rich arsenal of weapons against organized off the customs agents, and pocket money laundering criminals who sit on crime, drug trafficking, and terrorism $150,000. the top of drug trafficking and other are long overdue. I urge all Members I fully realize there is another provi organized crime organizations. to give the bill their support. sion of this legislation that concerns Mr. HUGHES. Mr. Speaker, I yield Mr. SAWYER. Mr. Speaker, I yield 5 some Members of the House. That is such time as he may consume to the minutes to the gentleman from Virgin the language that deals with warrant gentleman from New Jersey [Mr. ia [Mr. PARRIS]. less searches of individuals or convey RoDINO l, the distinguished chairman Mr. PARRIS. Mr. Speaker, I thank ances entering or leaving the United of the full Committee on the Judici the gentleman for yielding time to me. States. That is an area that must be ary. Mr. Speaker, I rise in support of carefully monitored and diligently pro Mr. RODINO. Mr. Speaker, I rise in H.R. 6031, the Money Laundering Pen tected. strong support of H.R. 6031, the alties Act of 1984, which was referred But, I have no constitutional prob Money Laundering Penalties Act of both to the Judiciary Committee and lems with this language, because it is 1984. to the Banking Committee, on which I narrowly drawn. Such searches can be Drug trafficking in this country is am privileged to serve. made only, and I emphasize only, approaching a $100 billion industry. I believe this legislation will permit when the officer has reasonable cause The profits these traffickers reap our law enforcement agencies to hit to believe a monetary instrument is reach such large proportions that organized crime and criminals who being transported in violation of U.S. heavily armed convoys are used to would profit from illegal drugs and tax laws. This is a very narrow circum move the cash from one point to an evasion right where it hurts most-in stance-much narrower than the rou other; so large that the money is fre- the pocketbook. tine border searches, which have been 24654 CONGRESSIONAL RECORD-HOUSE September 10, 1984 upheld by the Supreme Court. It, those who would commit a violation of tools in tune with the times and urge indeed, is much more restrictive than our laws. all Members to cast an aye vote for the authority now enjoyed by customs I believe that this type of bill and I the adoption of the Money Laundering officers when they wish to board a believe the gentleman from New Penalties Act of 1984.e vessel. Jersey correctly stated is not a terribly e Mr. LAFALCE. Mr. Speaker, I rise in I enthusiastically support H.R. 6031 controversial bill. Its controversy will support of H.R. 6031, the Money and I hope it will be the pleasure of only be felt among those who would Laundering Penalties Act of 1984, and this House to pass the legislation. violate the laws of this country. strongly urge my colleagues in the I feel that this is a proper type of House to act favorably on the meas 0 1400 bill to come through under suspen ure. As original author of legislation Mr. HUGHES. Mr. Speaker, I yield sion. I would urge its passage. to stem the illegal flow of dollars myself such time as I may consume. e Mr. WORTLEY. Mr. Speaker, drug across U.S. borders, I feel strongly Mr. Speaker, I just want to make a trafficking and money laundering go that we can slow the drug trade by ap point with regard to this money-laun together like ham and eggs. Cases proving this bill, which was referred to dering bill. brought to trial under the Bank Secre the House Judiciary Committee and I think this legislation points up cy Act of 1970 illustrate how this one the House Banking Committee. what can be accomplished when we section of the underground economy Five years ago, during a factfinding have bipartisan cooperation with the operates. by approving the Money mission to South America, I became committees that have jurisdiction. Ju Laundering Penalties Act of 1984, Members can strike a blow against convinced that one of the best ways to risdiction in this body cuts across, crime and for increased tax compli curb drug abuse in this country is to quite often, many committee lines. ance. limit the importation of drugs from My colleague from Michigan [HAL As a member of the Banking Com abroad and stop the easy export of SAWYER] put his point on something mittee's General Oversight Subcom drug profits. My discussions with cus that we have to be concerned with mittee, I have had occasion to ques toms officers and Government offi right now and that is that if we do not tion the Federal financial regulators cials from the Justice Department and move this legislation under the Sus as well as representatives from the the Treasury Department convinced pension Calendar I fear that we are Treasury and Justice Departments me that there existed gaps in our laws not going to move the legislation in about money laundering and the Bank that inhibited our law enforcement ef this Congress. That means we have to Secrecy Act. Each of the Government forts to curtail what has become a start all over again. representatives agreed that additional multibillion-dollar drug trafficking It took us the better part of 18 tools are needed to ferret out criminal business. In fact, it is estimated that at months to get forfeiture back on track activity involving the movement of least $7 billion worth of illicit narcot again through the various processes large sums of money through financial ics transactions occur annually in and the House Judiciary Committee, institutions. They added that the Florida alone, much of which is diffi get it reported out, get it over to the Bank Secrecy Act, in its present form, cult to detect and capture. As a result Ways and Means Committee so that needs augmentation if past successes of my study, I introduced three bills. they could clear it. It took the Ways such as Operation Greenback and Op My proposals, introduced in the and Means Committee some 3 months eration Banco were to be repeated. 96th, 97th, and 98th Congresses, out to clear it. It took Energy and Com Not all currency laundering activities lined changes that would help customs merce the better part of 2 months to are of the size and scope of Operations officials in their attempts to stop the clear the forfeiture bill. Greenback and Banco, but when movement of dollars used to purchase When you lose 18 months of valua added together, add up to a serious drugs abroad and slow the undercover ble time it obviously is important to amount of money. transport of drug profits to safe try to make sure that you can move it On June 20, the Deputy Assistant havens outside the United States. in the most expeditious manner. That Attorney General of the Criminal Di Those changes, included in the bill is why this legislation, like the other vision of the Justice Department told before us today, will provide powerful legislation, is on the Suspension Cal members of the Oversight Subcommit tools in our enforcement efforts. endar because we think it is important tee: Passage of this legislation would, to put this on the President's desk The Bank Secrecy Act has been effective first, make it illegal to attempt to before the end of this year. in providing important leads-sometimes, leave the United States with large Mr. SAWYER. Mr. Speaker, I yield 3 the initial lead-in solving many narcotics amounts of cash without having filed minutes to the gentleman from Flori crimes and in uncovering many money laun a report, already required by the Bank da [Mr. SHAw]. dering schemes. However, the Act suffers Secrecy Act, with the Government. Mr. SHAW. Mr. Speaker, I rise in from weaknesses that prevent if from serv Present law makes it illegal to leave ing as a superior law enforcement tool. For vigorous support of this bill. I would example, despite our successes, we believe the country with a great deal of cur like to compliment the gentleman that large amounts of unreported currency rency without having filed the report, from New Jersey [Mr. HUGHES] for his have been exported and imported annually. but judicial interpretation has held good work on this and, of course, our The weaknesses in the Bank Secrecy Act led that a person cannot be convicted of own ranking Member, the gentleman to the development of important amend violating this law unless he actually from Michigan [Mr. SAWYER]. ments of the Act and related statutes, The left the country-and in so doing es This is a unique bill in that it does Comprehensive Crime Control Act of 1984. caped from the legal jurisdiction of add a new facet, a new dimension, in The Money Laundering Penalties law enforcement officials. Both from a our war against the continuing spread Act, reported by the Judiciary Com commonsense perspective and for en of drugs. It is a most important bill. mittee contains the changes sought by forcement reasons, we should be able We must not give up at any particular the Justice and Treasuary Depart to stop an illegal flow of funds before level. We have to continue to tighten ments. Increased penalties, attempt, it happens. the screws down tighter and tighter increased reporting amounts, customs Second, this bill would allow cus every place we find there is a hole or a search authority, and rewards for in toms officials to search for unreported gap in law enforcement. formers all ensure that those who try amounts of cash when they have rea This is a new tool that will be most to thwart the law will be caught and sonable cause to believe that currency valuable. It will, in a very large part, punished. is being transported in violation of the tend to take the profit out of crime I commend the Judiciary Committee reporting requirements. Searches per and put greater risk back in the com- for its prompt and thorough work on a mitted by this bill would be in accord mission of crime and threatening bill designed to keep law enforcement ance with judicial interpretations of September 10, 198# CONGRESSIONAL RECORD-HOUSE 24655 the authority of customs officials to whole area of crime legislation, and I B::i.n.king Committee, our investigative undertake border searches, and, in commend their work on this matter. agencies have become aware that fact, the legislation is drawn in such a Mr. Speaker, this is a bill of which I there are now in the United States way as to restrict the authority of Cus think we can all be proud.e several very large-scale professional toms officials in conducting such e Mr. MINISH. Mr. Speaker, I rise in money laundering organizations. searches in a manner stronger than support of H.R. 6031, the Money These enterprises are not in the busi that applied by the Constitution and Laundering Penalties Act of 1984. As ness of drug trafficking, illegal gam the courts. an original cosponsor of the bill, I join bling, or any other criminal activity. Third, the bill would encourage in in the effort and applaud the work of Their business is illegal money laun formants who know of cash smuggling my colleague, in bringing legislation to dering and their profits are derived to report this to U.S. Government offi the floor which will provide us with a from providing this vital service to cials by providing for rewards to in major weapon for fighting the use of drug traffickers and other high-level formants whose information results in banks as laundering devices for drug criminal entrepreneurs who reap prof a seizure of cash. money. its and proceeds so great as to have a Because I feel strongly that Ameri We have all seen the devastating need for the services of such money cans who are transporting currency consequences that result from the use laundering operations. This type of for legitimate purposes should be able and abuse of illegal drugs. Yet, those criminal activity is a classic illustra to do so in an unhindered fashion, and drugs remain pervasive in our society tion of what the Rico statute was de because our real problems with cur because of the huge amount of money associated with their sale and distribu signed to reach and to punish. The rency exports do not come in thou tion. In my capacity as chairman of greater penalties available under the sand-dollar amounts, but rather in the Banking Committee's Subcommit Rico statute, as well as its forfeiture hundreds of thousands of dollars, I tee on General Oversight, I have held sanctions, are necessary to adequately also introduced legislation increasing five hearings on money laundering emasculate and deter such profession the threshold amount for reporting penalties since 1970. From these hear al money laundering operations. purposes from $5,000 to $10,000. H.R. ings, I concluded long ago that key to Although I will support the stronger 6031, the bill before us today, contains stopping the drug problem is to Senate version in conference, I urge such an increase. Further, H.R. 6031 remove its great incentive of money the adoption of H.R. 6031 today.e would increase the civil and criminal laundering. Simultane-ously, the crimi e Mr. RANGEL. Mr. Speaker, as penalties for those who do violate the nals' need to launder billions of dollars chairman of the Select Committee on reporting requirements-an addition annually poses another evil, a direct Narcotics Abuse and Control, I rise in to my original legislation that I threat to the legitimacy of the bank support of H.R. 6031, the Money strongly support. ing industry. Laundering Penalties Act of 1984. This Mr. Speaker, we all know that drug Fortunately, the Bank Secrecy Act, bill will enhance the ability of Federal abuse is a raging national epidemic with its new amendments in the law enforcement agencies, particularly which brings with it tragic human re Money Laundering Penalties Act of the Customs Service, to ferret out the sults, both in terms of human suffer 1984, provides a way to follow the in financial base of drug trafficking and ing and financial loss. If we are get to tricate cash flows caused by the drug other organized criminal activity. I the root of the drug problem in this traffickers and their money laun commend Chairman HUGHES of the Ju country, we have to attack it in several derers. With increased fines and diciary Subcommittee on Crime and areas-in our towns and cities, where prison sentences, rewards for inform Chairman MINISH of the Banking Sub we must find and assist drug abuse vic ants, and fewer inhibitions on law en committee on Oversight for their fine tims; in our courts, where violations of forcement, we can now draw closer to work on this measure. our drug laws should be rapidly and the day that the flow of drug money H.R. 6031 contains many amend effectively dealt with; and in our en out of this country will be halted.e ments to the Currency and Foreign forcement system, where we should e Mr. SENSENBRENNER. Mr. Transactions Reporting Act Chapter 113 of title 18 of the quirements. United States Code is amended by adding at <19 USC 1581) to conduct warrantless the end the following: searches of conveyances and persons Finally, H.R. 6031 would permit the in enforcement of the Tariff Act of Treasury Department to reward a citi "§ 2320. Use of counterfeit marks 1930. zen who provides information leading "(a) Whoever engages or attempts to Mr. Speaker, I urge my colleagues to to the collection of a fine, penalty, or engage in conduct for which section 32<1> support H.R. 6031. It is a well-consid forfeiture exceeding $10,000, or up to of the Lanham Act <15 U.S.C. 1114<1> Any documents seized and held by an money laundering, by which criminal support of this legislation.e agency or other entity of the Federal Gov- September 10, 1984 CONGRESSIONAL RECORD-HOUSE 24657 ernment in connection with a prosecution known that such mark or designation is a "(5) An order under this subsection shall under this section are exempt from disclo counterfeit mark the court may, upon ex set forth- sure under section 552 of title 5 of the parte application, grant an order under sub "(A) the findings of fact and conclusions United States Code of this section pursuant to this of law required for the order: as the 'Freedom of Information Act'). subsection. "(B) a particular description of the matter "(c) Upon a showing that any articles in "(B) Such order may provide for the sei to be seized, and a description of each place the possession of a defendant in a prosecu zure of goods and marks and designations at which such matter is to be seized; tion under this section bear counterfeit involved in such violation and the means of " the time period, which shall end not marks or designations, the United States making such marks and designations, and later than seven days after the date on may obtain an order for the destruction of documents relating to the manufacture, which such order is issued, during which the such articles. sale, or receipt of things involved in such seizure is to be made; "(d) For the purposes of this section- violation. "(D) the amount of security required to be "( 1) the term 'counterfeit mark' means " a spurious designation which is iden from, a designation as to which the reme ing required under paragraph <11> of this tical with, or substantially indistinguishable dies of this Act are made available by reason subsection and may continue such action in from, a designation as to which the reme of section 110 of the Act entitled 'An Act to the court's discretion after such hearing. dies of the Lanham Act are made available incorporate the United States Olympic As "(7) Documents may be seized under this by reason of section 110 of the Olympic sociation', approved September 21, 1950 (36 subsection only if the court enters a protec Charter Act; u.s.c. 380); tive order forbidding the disclosure of any but such term does not include any mark or such documents, or the contents thereof, to but such term does not include any mark or any third party and requiring that the docu designation used in connection with goods designation used in connection with goods or services of which the manufacturer or ments so seized be treated as confidential or services of which the manufacturer or and not made available to the parties except producer was, at the time of the manufac producer was, as the time of the manufac ture or production in question or a reasona under paragraph <12) of this subsection. ture or production in question or a reasona The protective order shall also provide that ble time before such manufacture or pro ble time before such manufacturer or pro duction, in a contractual or other relation all documents so seized, other than any duction, in a contractual or other relation matter disposed of under section 36 of this ship, permitting the use of the mark or des ship, permitting the use of the mark or des ignation for the type of goods or services so Act <15 U.S.C. 1118), shall be returned to ignation for the type of goods or services so the person from whose custody such docu manufactured or produced, with the holder manufactured or produced, with the holder of the right to use such mark or designa ments were seized and no information con of the right to use such mark or designa tained in such documents shall be retained tion, unless the user has knowledge of the tion, unless the user has knowledge of the termination of the relationship; and after the order has lapsed or such litigation termination of the relationship. is concluded. The court may, for good cause "(2) the term 'Lanham Act' means the Act "(2) The court shall not receive an appli entitled 'An Act to provide for the registra shown, provide greater protection for the tion and protection of trademarks used in cation under this subsection unless the ap person from whom such documents were commerce, to carry out the provisions of plicant has given timely notice of the appli seized. certain intemational conventions, and for cation to the United States attorney for the "(8) A person obtaining an order under other purposes', approved July 5, 1946 <15 judicial district in which such order is this subsection shall provide the security de U.S.C. 1051 et seq>: and sought. Such attomey may participate in termined adequate by the court for the pay "(3) the term 'Olympic Charter Act' the proceedings arising under such applica ment of such damages as any person may means the Act entitled 'An Act to incorpo tion if such proceedings may affect evidence recover as a result of a wrongful seizure rate the United States Olympic Association', of an offense against the United States. under this subsection. approved September 21, 1950 (36 U.S.C. 371 "<3> The application for an order under "(9) An order under this subsection, to et seq.).". this subsection shall- gether with the supporting documents, shall (b) The table of sections at the beginning " be based on affidavit or the verified be sealed until the party in possession of of chapter 113 of title 18 of the United complaint establishing facts sufficient to the matter sezied has an opportunity to con States Code is amended by adding at the support the findings of fact and conclusions test such order, except that any person end the following new item: of law required for such order; and against whom such order is issued shall "(B) contain the additional information "2320. Use of counterfeit marks.". have access to such order and supporting required by paragraph <5> of this subsection documents after the seizure has been car LANHAM ACT AMENDMENT to be set forth in such order. ried out. SEc. 3. The Act entitled "An Act to pro "(4) The court shall not grant such an ap "(10) The court shall designate a United vide for the registration and protection of plication unless the court finds that it clear States marshal or other law enforcement of trademarks used in commerce, to carry out ly appears from specific facts that- ficer to serve a copy of the order under this the provisions of certain intemational con "(A) an order other than an order issued subsection and then to carry out the seizure ventions, and for other purposes", approved under this subsection is not adequate to under such order. The court shall issue July 5, 1946 <15 U.S.C. 1051 et seq.) is achieve the purposes of section 32 of this orders when appropriate to protect the de amended- Act <15 U.S.C. 1114>; fendant from undue damage from the dis <1> in section 34 <15 U.S.C. 1116)- " the applicant has not publicized the closure of trade secrets or other confidential by designating the first paragraph as requested seizure; information kept in the course of business subsection ; "(C) success on the merits by the appli including an order restricting the access of by designating the second paragraph cant is likely; the applicant ; "(D) an immediate and irreparable injury the applicant> to such secrets or informa by designating the third paragraph as will occur if such seizure is not ordered; tion. The person carrying out the seizure subsection : and "(E) the matter to be seized will be located shall in doing so follow, insofar as practica by adding at the end the following: at the place identified in the application: ble, the requirements the Federal Rules of "(d) In the case of a civil action aris " the harm to the applicant of denying Criminal Procedure impose for the execu ing under section 32<1> of this Act <15 the application outweights the harm to the tion and return with inventory of a warrant U.S.C. 1114) or section 110 of the Act enti person against whom seizure would be or for search and seizure, as though the sei tled •An Act to incorporate the United dered of granting the application; zure ordered under this subsection were States Olympic Association', approved Sep "(G) the public interest would not be seri pursuant to such a warrant. tember 21, 1950 (36 U.S.C. 380) with respect ously adversely affected by granting the ap "<11> The court shall hold a hearing, to a violation which consists of using a mark plication; and unless waived by all the parties, on the date or designation in connection with the sale, "(H) the matter subject to such an order set by the court in the order of seizure. offering for sale, or distribution of goods or will be destroyed, moved, hidden, or other That date shall be not sooner than ten days services, if the user knew or should have wise made inaccessible. after the order is issued and not later than 24658 CONGRESSIONAL RECORD-HOUSE September 10, 1984 fifteen days after the order is issued, unless The SPEAKER pro tempore. With however, need not award such relief if the applicant for the order shows good out objection, a second will be consid extenuating circumstances exist. cause for another date or unless the party ered as ordered. The new remedies also include au against whom such order is directed con There was no objection. thority for seizures, on an ex parte sents to another date for such hearing. At The SPEAKER pro tempore. The such hearing the party obtaining the order basis, of counterfeit articles. This is an shall have the burden to prove that the gentleman from New Jersey [Mr. important tool for plaintiffs who are facts supporting findings of fact and conclu HuGHES] will be recognized for 20 min trying to stop these goods from being sions of law necessary to support such order utes and the gentleman from Michi sold and consumers from being de are still in effect. If that party fails to meet gan [Mr. SAWYER] will be recognized ceived. We must, however, ensure that that burden, the seizure order shall be dis for 20 minutes. such seizures are permitted only when solved or modified appropriately. The Chair recognizes the gentleman absolutely necessary to protect the "(B) In connection with a hearing under from New Jersey [Mr. HUGHES]. court's exercise of jurisdiction and this paragraph, the court may make such Mr. HUGHES. Mr. Speaker, I yield only when essential safeguards of the orders modifying the time limits for discov myself such time as I may consume. ery under the Rules of Civil Procedure as defendant's rights are provided. H.R. Mr. Speaker, H.R. 6071, the Trade 6071 provides these safeguards. may be necessary to prevent the frustration mark Counterfeiting Act of 1984, pro of the purposes of such hearing. In both the criminal and civil sec "<12> Documents seized under this subsec vides criminal sanctions for the coun tions of the bill, the term "counter tion shall be placed in the custody of the terfeiting of trademarks, and in feit'' is defined. The definition is based court. The court may make such documents creased civil remedies in such cases. on current law, but also sets forth a available to the attorneys of record for all While the Lanham Act, set forth in new exception to the term. Loosely de parties in the civil action, giving due consid title 15 of the United States Code, al scribed, this definition excludes "over eration to the need to protect confidential ready provides some civil remedies, runs" and "parallel imports" from its information, except that the court shall not there is great concern that these reme disclose to such attorneys any such docu coverage. While some say that these dies are insufficient to deal with the practices should be considered in ment not determined relevant and material growing trademark counterfeiting to such civil action unless the court finds fringements under the Lanham Act, I that the participation of such attorneys is problem. do not believe that they should be the necessary to make such determination. Inso Trademark counterfeiting in the basis of either criminal sanctions or far as practicable documents to be made past has commonly involved the coun enhanced civil remedies. available under this paragraph shall be terfeiting of goods like designer jeans Trademark counterfeiting is a seri made available early enough to permit the and handbags. Such actions cause seri ous and growing problem that affects parties to prepare for the hearing required ous financial consequences for the businesses, workers, and individual under paragraph <11> of this subsection. holders of those trademarks. Not only " <13> A person who suffers damage by consumers alike. We must act to stop do they lost the sales of those items to the proliferation of counterfieting reason of a wrongful seizure under this sub the counterfeiters, but their reputa section may commence a civil action against quickly and effectively. I believe that the applicant for the order under which tions suffer when the goods the con H.R. 6071 does just that, and I urge such seizure was made, and in such civil sumer believes to be genuine fall apart you to support it. action shall recover such relief as may be after minimal use. That consumer will Mr. Speaker, I want to say in par appropriate, including damages for lost in all likelihood not buy that product ticular that once again the ranking profits, cost of materials, unjust enrich again. ment, and loss of good will, and a reasonable member of the committee, the gentle The loss of revenue, reputation, and man from Michigan, Mr. HAL SAWYER, attorney's fee."; jobs from trademark counterfeiting is (2) in section 35 <15 U.S.C. 1117), by in has done a jeoman's job in crafting not by any means the full extend of this legislation. I suspect of all the serting before the period at the end of the the problem. Recently, the problem of sentence which begins "In assessing dam bills that we have worked on, this ages" the following: ", and shall, unless the trademark counterfeiting has taken a probably has been the most difficult court finds extenuating circumstances, far more serious turn. Items that are essential to human health and safety to deal with. It has requested a lot of enter judgment for three times such profits staff work. or damages, whichever is greater, together are now being counterfeited. One ex with a reasonable attorney's fee, in the case ample is airplane parts, which could The staff, Ginny Sloan of my own of any violation of section 32 of this cause a major air disaster if they fail staff, the majority staff; Char Vanlier Act <15 U.S.C. 1114

September 10, 198#, CONGRESSIONAL RECORD-HOUSE 24663 They didn't expect the Reagan ad And yes there are some things we I got into it because I believed in the ministration to triple Federal deficits. will spend money on. social gospel and the force for justice People wanted a reasonable balance We will invest in those items neces that I thought government could be. between jobs and the environment. sary to secure a competitive future for I am a Christian. They didn't want James Watt and our country. I believe christianity and democracy Ann Gorsuch to strip mine national We will support Government action are both based in the value of the indi forests and declare unilateral disarma that enables business to modernize its vidual and are closely related. ment in the war against toxic waste. plants and equipment to meet interna I believe that the major task of People wanted the work ethnic tional competition. modem religion is to help people un strengthened. We will also support investments in derstand their responsibilities toward They didn't want the sick and the science, in education, and teacher one another. helpless taken off disability. training that will guarantee us the I believe the task of Government is And they didn't want a welfare most skillful, informed, and competi to enable people to meet those respon system so screwed up that even the tive work force in the world. sibilities in an effective and decent author of the theory behind Reagan We will support the rebuilding of way. omics, . And I think Americans know that wanted to pass bills. I'm in it because I Where no religious body seeks to impose the Democratic Party is their best bet have a restlessness about some of the its rule directly or indirectly upon the gen to meet the test of fairness in paying shortcomings of our society, some of eral populace in the public acts of its offi those bills. its weaknesses, and inequities. cials. 24664 CONGRESSIONAL RECORD-HOUSE September 10, 1984 I believe in an America where every is some politicians. They often try to all our constituents, the judgment as person has the same right to attend or not sen.• under a religious label, something to what is enforceable and workable in attend the church of his choice. which would not stand on its own. Do a society as multifacited as ours? I believe these things. Not because it we need any sillier example than Jerry I believe it is not only permissible is convenient, but because it is neces Falwell's Moral Majority rollcall but imperative for public officials to sary. It is necessary for two reasons: which counts votes against Reaganom reserve to themselves questions about First, to preserve my own religious ics and for a nuclear freeze as votes strategies, the efficacy of those strate liberty. against God and morality. gies, even in pursuing agreed ends. In Second, to find the truth as much as Fourth, the morality that some fact the oath that we take each 2 it is possible for any human being to groups seek to impose is often directed years requires it. find it. to strategy rather than to principle . And even recognizing the primacy of This country was founded, its Con and it is, oh, so selective. ISsues that effect life itself, is it legiti stitution was written by patriots who Example: Abortion. mate for people who say they are pro fled religious persecution. They wrote I happen to agree with Jerry Fal life to limit their concern for life to into the Constitution a hard, firm line well, most religious fundamentalists that period between conception and between church and state. A line and the Catholic bishops that abor: birth. What about afterwards? which stands not as a monument to tion-at least in most cases-is immor Are there not other issues that are antagonism between church and state, al. pro-life in the most fundmental sense? but stands rather as the one sure pro But does that mean that in America What about the basic question about tection of all churches against the when discussing the application of public policy to people of all religions, how we wage and perpare for war? Are heavy hand of Government and there not moral standards that need against the domination of public af there IS no room for a Catholic-or any one else who agrees on sub t'? be applied there too in judging can fairs by any one organized church. didates for office? Do they not hold They understood that a government stance-to differ about legitimate ex ceptions or about what remedy is en the potential to effect as many lives which today can impose religious and more as abortion? views in accordance with one church forceable or reasonable-especially in a country where most people seem to Do not good, virtuous, God-fearing could tomorrow impose views antithet p~ople need to weigh that issue along ical to our own. disagree with our view of abortion? I happen to believe that the court With others in deciding whether the That is why we do not tax churches course of Government and the actions and why we do not bestow the benefits decision on abortion is long-term bad law because it will become medically of individual political leaders are of taxation upon churches. moral? That is why Government neither re outmoded. But is it really moral to say that abortions are OK to save the life And is not any person who claims quires individual prayer nor precludes morality for his cause required to it. of a mother but immoral if you ask that same question about a 15-year-old direct those questions to economic af Government can never give nor take fairs as well? away the right of any American to girl who is the victim of rape or incest? Does any religious spokesman have Can a .g?~ernment, a political party, pray at any time. or a politician really pursue economic There are four things wrong with such a corner on the truth that there is no room for argument about that? and social Darwinism and be truly those who try to impose their religious moral? I don't think so. orthodoxy on Government and socie With all due respect, I don't think so. Is it really immoral to question Can capitalist competition be pur ty, or who try to suggest that they sued without any regard whatsoever to have a corner on God's will: whether a constitutional amendment on abortion will be any more enforcea justice and mercy? I don't think so and First, no one has a corner on God's neither do most respected religious au will. As the liturgical conference said ble than prohibition was in the 1920's? With all due respect, I don't think so. thorities. in 1968: Papal encylicals from Pope Leo XIII When any man or any group of men think Is it not legitimate to ask people what kinds of criminal penalties they through Pope Pious John XXIII and that they have such a firm grip on the will John Paul II have called for govern of God that they know it all, they become would levy against someone's mother dangerous both to themselves and to others. wife, or daughter if we had a constitu: ment action to address the imbalance Their pride becomes insufferable and they tional amendment and States adopted between rich and poor, to feed the mask their oppression of others with the legislation to enforce that act? Would hungry, to assist underdeveloped na pretense of divine authority. it be life imprisonment? Would it be tions, to reduce unemployment to That goes for American politicians the death penalty-an eye for an eye? eliminate racial injustice. Leading and for American religious leaders. How many years imprisonment would Protestant and Jewish theologians Second, public officials who cry the it be? When you get down to questions have preached the same message. loudest about religion are often more like that, what is advisable and what is Some examples: pharisee than prophet. All too often enforceable. Dr. N .A. Larson of Iowa, bishop of when politicians begin posing for holy Do not public officials have an obli the Norwegian Lutheran Church of pictures, it is time for people to hang gation higher than anyone else's to America in 1940 said: on to their prayer books and their wal make sure that what is adopted is en I_ndustrialists have a tendency of using re lets because they are probably about forceable in order to preserve the re ligiOn and church membership as a cloak to cover a wrong attitude toward labor. A man to steal both. The cynical use of patri spect for law that is necessary in any may be a pirate in business but throw a otism may, in the words of Samuel society? cloak of religion over his life by giving to Johnson, be the last refuge of a scoun When the Catholic bishops them pet charities. The modem materialistic civi drel, but the cynical use of religion is selves split openly on the question of a lization has developed a doctrine of the all too often a close second. total versus a State-by-State approach divine right of property. Third, the third problem with many to a constitutional amendment, cannot And that is wrong. of those who seek to impose their own moral men and women who oppose In October 1946, 122 religious lead brand of religion on public affairs or abortion debate whether either will be ers of Catholics, Protestants, and Jews imply a closer link to God than others effective or appropriate without being drew up a declaration of economic jus is that what they really are promoting called proabortion and anti-life? tice which said: is not so much religion, but a commer Is it not legitmate for public officials Private property is limited by moral obli cial or political message wrapped in a to weigh and consider heavily the gation-the moral purpose of economic life religious ribbon. That is as much true moral advice of the clergy, but reserve is social justice-to distribute God's gifts eq as some so-called religious leaders as it for themselves, as representatives of uitably. It is the duty of the state to inter- September 10, 1981, CONGRESSIONAL RECORD-HOUSE 24665 vene in economic life whenever necessary to I am against trickle-down economics HOUSE OF REPRESENTATIVES, protect the rights of individuals and groups. not just because it does not work, but COMM:ITTEE ON THE BUDGET, Does that view allow caveat emptor because it is not right. Washington, DC, September 5, 1984. Hon. THOMAS P. O'NEILL, Jr., policies to be promoted by govern I believe in the social gospel, not ment? I don't think so. Speaker, House of Representatives, social Darwinism. Washington, DC. In 1943, Jewish, Protestant, and And I believe the whole spectrum of DEAR MR. SPEAKER: On January 30, 1976, Catholic representatives adopted a res public issues should be examined from the Committee on the Budget outlined the olution that declared for "A standard a moral perspective. not just one or procedure which it had adopted in connec of living adequate for self-develop two. tion with its responsibilities under Section ment and family life, decent condi 311 of the Congressional Budget Act of 1974 tions of work and participation of I believe God has intended the es to provide estimates of the current level of labor in decisions affecting its wel- tablishment of certain rules and revenues and spending. fare... · norms and standards, but in the words Pursuant to Committee Rule 10, I am Pope Leo XIII, in his encylical of the liturgical conference in 1968: herewith transmitting the status report "rerum novarum:• spelled out clearly "He made the all-encompassing norm under H. Con. Res. 91, the First Concurrent of love tower so high above all other Resolution on the Budget for Fiscal Year the rights of workers to organize and 1984. This report reflects the adjusted reso bargain collectively to counter the that empathy took the place of human lution of October 25, 1983, and the current "hard heartedness of employers and judgment... CBO estimates of budget authority, outlays, the greed of unchecked competition:• I believe that Jesus took a dim view and revenues. He spoke clearly for the requirement of self-styled goodness that was "so ex The procedural situation with regard to that the state "promote to the highest clusively preoccupied with rules that the spending ceiling is affected this year by degree the interests of the poor... Can the raw life of human beings draws Section 5(b) of H. Con. Res. 91. As I ex you believe that and vote to weaken only its contempt... plained during debate on the conference child nutrition programs, weaken The pharisees of his time were not report on that resolution, enforcement health and safety enforcement in the against breaches of the spending ceiling bad people. They were ordinarily good, under 311(a) of the Budget Act do not apply workplace, or to take the disabled off virtuous, God-fearing people. where a measure would not cause a commit welfare? They were good, respectable people tee to exceed its appropriate allocation pur Pope Leo XIII warned against per who were healthy, wealthy, and wise suant to Section 302 of the Budget Act. mitting the "accumulation of power In the House, the appropriate 302 alloca which is a result of limit-free competi in the rules of the Lord, but who tion includes "new discretionary budget au tion which permits the survival of strongly felt the need to impress their thority" and "new entitlement authority" those who are the strongest. which interpretation of the law upon every only. It should be noted that under this pro often means those who fight more re one else that they forgot that the cedure neither the total level of outlays nor lentlessly and pay the least head to main purpose of law was not to stand a committee's outlay allocation is consid supreme but to serve the needs of ered. This exception is only provided be the limitations of conscience ... cause an automatic budget resolution is in Pope Leo warned that "the poor and people in all of their complexity and effect and will cease to apply if Congress re helpless have claim to special consider individuality and they are still with us vises the budget resolution for fiscal year ation. The richer population have today. 1984. many ways of protecting themselves Many of them still do not really The intent of the Section 302 "discre and stand less in need of help from heed the words of Jesus or their truly tionary budget authority" and "new entitle the state; those who are badly off revolutionary meaning: ment authority" subceiling provided by Sec tion 5(b) of the resolution is to protect a have no resources of their own to fall "Blessed are the peacemakers... committee that has stayed within its spend back upon, and must rely chiefly upon Or for that matter: "Judge not that ing allocation-discretionary budget author the assistance of the state... Can you you be not judged... ity and new entitlement authority-from believe that and cut disability and So let us not be pharisees pretending points of order if the total spending ceiling food stamps for the poor? to be prophets. has been breached for reasons outside of its Pope Pious the XII, under whom I Let us recognize our own fallibility control. The 302(a) allocations to House grew up, warned against policies that committees made pursuant to the confer as well as that of our opponents. ence report on H. Con. Res. 91 were printed promoted the growth of the large at Let us as lawmakers get about the in the Congressional Record, June 22, 1983, the expense of the small. business of fitting law to man's needs H. 4326. Adjustments to such allocations And religious leaders in their teach and let God do the measuring and the made pursuant to Section 2 of House Con ings have also applied a somewhat dif judging. He will anyway in the end re current Resolution 91, the reserve fund, are ferent measuring stick to foreign af gardless of what any of us might say. reflected in House Reports 98-313, 93-354, fairs than Mr. Falwell's Moral Majori 98-381, and 98-439. ty on occasion does. The attached tables show where each As far back as 1935 Catholic bishops committee currently stands compared to its 302 allocation of discretionary budget au spoke to the real cause of violence and thority and of new entitlement authority. the revolution in this world when they 0 1500 With best wishes, said: "The real authors of violent and Sincerely, bloody revolutions in our times are not CURRENT LEVEL OF SPENDING JAMES R. JONES, the radicals and communists but the AND REVENUES Chainnan. autocratic possessors of wealth and e (Mr. JONES of Oklahoma asked Fiscal year 1984 budget authority compari power, who use their position to op son of current level and adjusted budget press their fellow men... Can you and was given permission to extend his resolution allocation by committee remarks at this point in the RECORD doubt their wisdom as we have [In millions of dollars] watched developments in Central and to include extraneous matter.) Current level' America in past decades and even Mr. JONES of Oklahoma. Mr. House committee: Total current today? Speaker. pursuant to the procedures level...... -546 I believe that a truly moral govern of the Committee on the Budget and ment and a truly savvy and moral soci section 311(b) of the Congressional Appropriations Committee-Dis- ety will not mistake public piety for Budget Act of 1974, I am submitting to cretionary ...... (-225) public morality. the RECORD a letter to the Speaker ad Authorizing committee-Discre I believe that they would seek to re vising him of the current level of tionary action: dress the differences between the rich spending and revenues for fiscal year Agriculture...... (-383) and poor, not to expand them. 1984. Armed Services ...... (-4) 24666 CONGRESSIONAL RECORD-HOUSE September 10, 1981,. Current level 1 Banking, Finance and Urban [In millions of dollars] Mr. GREEN, 60 minutes, on Septem Affairs ...... <...... ) ber 25. Mr. LUNGREN, for 5 minutes, today. District of Columbia ...... <...... ) a=~ Outlays Revenues Education and Labor...... <...... ) Mr. BURTON of Indiana, for 60 min (-192) utes, September 11. Energy and Commerce ...... 3. Continuing resolution authority...... Foreign Affairs ...... <. ...•. ) 4. Conference agreements ratified by both or under <- > their 302(a) allocation. [In millions of dollars] extraneous matter:) Note.-Detail may not add due to rounding. Mr. CORCORAN. a~~~~ Outlays Mr. YOUNG of Alaska. FISCAL YEAR 1984 NEW ENTITLEMENT AUTHORITY, COM Mr. DANNEMEYER. PARISON OF CURRENT LEVEL AND BUDGET RESOLUTION I. Enacted: Mr. KEMP. Permanent appropriations and trust funds ...... $535,903 $491,993 :L """" " "'"' "'""' Mr. A.NNUNZIO in six instances. 98-396) ...... 6,127 2,978 ~~~s~~~~ ::::::::::: : ::::::: :: :: : :::::::~:::::::::::::::::::::::::::::::: : :::::::::::::::::::::::: Offsetting receipts ...... -232 -232 Mr. JoNEs of Tennessee in 10 in Veterans' Affairs ...... 187 214 160 Total ...... 922,431 853,489 stances. Ways and Means ...... 1,584 1,102 4,023 Mr. BoNER of Tennessee in five in- II . Entitlement authority and other mandatory items requiring further appropriation action: stances. U.S. CONGRESS, Claims, Defense ...... 63 57 Mr. WAXMAN. CONGRESSIONAL BUDGET OFFICE, 2 I Mr. OTTINGER. Washington, DC, September 4, 1984. ~~ie.. ~~.~~.~~.~ .:::::::::::::::::::: : : ::: :: :: :::: : ::::::::: 33 33 Medicaid ...... 571 571 Mr. MRAZEK. Hon. JAMEs R. JoNES, Advances to unemployment: Chairman, Committee on the Budget, Trust fund ...... 3,932 3,932 Mr. STARK in three instances. Offsetting receipts...... -3,932 -3,932 Mr. BENNETT. House of Representatives, Washington, DC. Special benefits, disabled coal miners ...... 20 20 DEAR MR. CHAIRMAN: Pursuant to section Special benefits, Federal employees...... 12 12 Mr. GARCIA. 308(b) and in aid of section 31l. 1 Agriculture; Foreign Assistance; Treasury, Postal Service and General This report for fiscal year 1984 is based on Government and other selected appropriations are funded under continuing Speaker's table and, under the rule, re our estimates of budget authority, outlays, resolution authority (P.L 98-151/ for the full fiscal year and, therefore, are ferred as follows: and revenues using the assumptions and es included in the enacted category o this report. Note: Detail may not add due to rounding.e S.J. Res. 253. Joint resolution to authorize timates consistent with H. Con. Res. 91. and request the President to designate Sep Since my last report the Congress has tember 30, 1984, as "Ethnic American Day"; cleared and the President has signed H.R. to the Committee on Post Office and Civil 6040, making supplemental appropriations SPECIAL ORDERS GRANTED Service. for 1984 and H.R. 4325, Child Support En forcement Amendments of 1984. The bills By unanimous consent, permission affect both budget authority and outlays. to address the House, following the SENATE JOINT RESOLUTION legislative program and any special orders heretofore entered, was granted A joint resolution of the Senate of [In millions of dollars] to: the following title was taken from the ; jointly, to the ; jointly, to the Committee on Clerk for printing and reference to the o'clock noon. Energy and Commerce and Interior and In proper calendar, as follows: sular Affairs. Mr. SAM B. HALL, JR.: Committee on the EXECUTIVE COMMUNICATIONS, Judiciary. H.R. 3623. A bill for the relief of ETC. REPORTS OF COMMITTEES ON certain former flight engineers of Western PUBLIC BILLS AND RESOLU Airlines; with an amendment . Referred to the Com report on commercial and governmental mittee of the Whole House. [Pursuant to the order of the House on Sep Mr. SAM B. HALL, JR.: Committee on the military exports, together with list of all de tember 6, 1984, the following reports were fense requirement surveys authorized for Judiciary. H.R. 1362. A bill for the relief of filed on September 7, 1984] Joseph Karel Hasek, with an amendment foreign countries for the third quarter of Mr. HUGHES: Committee on the Judici fiscal year 1984, April 1 to June 30, 1984, ; to the the United States Code to strengthen the Committee on Foreign Affairs. laws against counterfeiting trademarks, and 3991. A letter from the Director, Defense for other purposes; with an amendment Security Assistance Agency, transmitting an PUBLIC BILLS AND (92 Stat. 993); to the Commit mittee on Interior and Insular Affairs. Coordination Act; with an amendment By Mr. BIAGGI: tee on Foreign Affairs. . Referred to the Commit health care system in the District of Colum ury; to the Committee on the Judiciary. tee of the Whole House on the State of the bia, and for other purposes; to the Commit 3996. A letter from the Secretary of Union. tee on the District of Columbia. Transportation, transmitting a draft of pro Mr. SAM B. HALL, JR.: Committee on the By Mr. FAUNTROY: posed legislation to make the basic pay of Judiciary. H.R. 5189. A bill to amend section H.R. 6209. A bill to amend the act provid the Commandant of the Coast Guard com 3056 of title 18, United States Code, to ing for the incorporation of certain persons parable to the basic pay of the Chiefs of the update the authorities of the U.S. Secret as Group Hospitalization, Inc.; to the Com other Armed Forces, and; for other pur Service, and for other purposes; with mittee on the District of Columbia. poses; to the Committee on Merchant amendments ; jointly, to the ment of Nassau County, NY, for necessary Mr. CONYERS, Mr. TORRICELLI, Mr. Committee on Agriculture and Interior and security-related expenses associated with YATES, Mr. MITCHELL, Mr. McHUGH, Insular Affairs. hosting the 1984 International Games for Mr. MINETA, Mr. BERMAN, Mrs. 3998. A letter from the Secretary of the Disabled; with an amendment : Mr. McCANDLESs, Mr. LEwis of California, Mr. MORRISON of Washington, Mr. PRITCH H.R. 6210. A bill to provide for a compre Mr. SMITH of Nebraska, Mr. SAM B. HALL, ARD, Mr. FoLEY, Mr. LoWRY of Washington, hensive bilateral and verifiable freeze be JR., Mr. McCURDY, Mr. RINALDO, Mr. SILJAN Mr. PATTERSON, Mr. SHANNON, Mr. FRANK, tween the United States and Soviet Union DER, Mr. LUNGREN, Mrs. LLOYD, Mr. MAv Mr. BoLAND, Mr. MOAKLEY, Mr. HOWARD, Mr. on the testing, production, and deployment ROULES, Mr. NIELSON of Utah, Mr. KEMP, Mr. TRAxLER, Mr. JEFFORDS, Mr. SCHAEFER, Mr. of nuclear weapons; jointly, to the Commit WRIGHT, and Mr. MicA. DOWDY of Mississippi, Mr. RICHARDSON, Mr. tees on Foreign Affairs, Armed Services, and H.R. 6054: Mr. FRosT, Mr. MITCHELL, Mr. EvANs of Iowa, Mr. BARTLETT, Mr. WEiss, Rules. BROWN of California, Mr. BENNETT, Mr. Mr. O'BRIEN, Mr. SUNIA, Mr. BARNEs, Mr. SIMON, Mr. COUGHLIN, Mr. FISH, and Mr. FAUNTROY, Mr. SISISKY, Mr. MURTHA, Mr. ADDITIONAL SPONSORS BIAGGI. GRAY, Mr. KOLTER, Mr. MONTGOMERY, Mr. H.R. 6069: Mr. McGRATH, Mr. APPLEGATE, WALGREN, Mr. MURPHY, Mr. D'AMoURS, Mr. Under clause 4 of rule XXII, spon Ms. FIEDLER, and Mr. BILIRAKIS. DWYER of New Jersey, Mr. WINN, Mr. sors were added to public bills and res H.J. Res. 392: Mr. KRAMER, Mr. RODINO, STRATTON, Mr. COUGHLIN, Mr. TORRICELLI, Ol'!ltions as follows: Mr. FoLEY, Mr. GEPHARDT, Mr. FAscELL, Mr. Mr. DANIEL, Mr. WoLF, and Mr. RoE.

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