CONFERENCE REPORT ON H.R. 6946, FALSE IDENTIFICATION CRIME CONTROL ACT OF 1982

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CIA-RDP85-00003R000300080003-0
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December 17, 1982
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:Approved For Release 2007/05/14: CIA-RDP85-00003R000300080003-0 December 17, 1982' CONGRESSIONAL RECORD - HOUSE Nothing in this section shall be construed too contravene any applicable-State law.. AUDIT OF FINANCIAL TRANSACTIONS SEC. 11. The' first section of the Act enti- tled "An Act to provide for audit of ac- counts of private corporations established under Federal law", approved August 30, 1964 (36 U.S.C',1101), is. amended by adding, at the end thereof the.following: "(59) Former Members of- Congress.". SEC. 12. They corporation shall report an- nually to the Congress concerning the activ- ities of the corporationduring;the preceding fiscal year. Such annual report shall be sub- mitted at the same time as is the report of the audit required by section 11 of this Act. The report shall not be printed as a public document. RESERVATION OF RIGHT TO AMEND OR REPEAL CHARTER SEC. 13. The, right to alter, amend, or repeal this Act is expressly reserved to the Congress. DEFINITION OF "STATE" SEC. 14. For purposes of this-Act, the term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States. TAX-EXEMPT STATUS SEC. 15. The corporation shall maintain its status as an organization exempt from tax- ation as provided in the Internal Revenue Code. If the corporation fails to maintain such status, the charter granted hereby shall expire. TERMINATION SEC. 16. If the corporation shall fail to comply with any of the restrictions or provi- sions of this Act the charter granted hereby shall expire. Mr. SAM B. HALL, JR. Mr. Speaker, I ask unanimous consent that the bill may be considered as read and printed in the RECORD. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Texas? -There was no objection. The bill was ordered to be engrossed and read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table. . GENERAL LEAVE Mr. SAM B. HALL, JR. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their re- e SPEAKER pro tempore. Is leman from Texas? 6946, FALSE IDENTIFICATION CRIME CONTROL ACT OF 1982 Mr. HUGHES. Mr. Speaker, I call up the conference report on the bill (H.R. 6946) to amend title 18 of the United States Code to provide penalties for certain false identification related crimes, and ask unanimous consent for its immediate consideration. The Clerk read the title of the bill. The SPEAKER pro tempore:- Is there objection to the request of the gentleman from New Jersey? - Mr. HYDE. Mr. Speaker, reserving the right to object, and; I certainly will not object because this is very impor- tant legislation, but I? yield to the' chairman of the subcommittee, the gentleman from New Jersey (Mr. HUGHES) for an explanation. Mr. HUGHES. I thank the gentle- man for yielding. Mr. Speaker, H.R. 6946, the False Identification Crime Control- Act of 1982 (H. Rept. 97-802) passed the House on September 14. On October 1, The Senate passed the bill with sever- al amendments to add additional of- fenses and to make technical correc- tions. The conference report represents the culmination of many years of labor on this issue. In 1974 the- Federal Advisory Committee on False Identifi- cation began to examine the full extent of this problem. Their report in 1976 found that false identification is a major factor facilitating_ drug smug- gling, illegal immigration, flight from justice, frauds against government and business and the movement of terror- ists. The estimated burden of losses was then estimated to be $16 billion per year. - This bill takes several important steps toward stemming this problem. Primarily, 'the bill makes. it a Federal offense to counterfeit or to transfer counterfeit or stolen identification documents that have been issued by Federal, State, and local government. The counterfeiting of official driver's licenses and birth certificates would. be a Federal offense and plugs a loophole not covered by the various: States. - The conference report differs from the House bill by providing that the possession of stolen or false identifica- tion documents that have been or appear to have been issued by the United States would be an offense if the possessor knows that the docu- ment was stolen or counterfeit. The conference report also includes a provision that will have a salutary effect on the problem of drunken driv- ing and underage drinking. The con- ference report would make it a misde- meanor for a person in the business of selling private identification docu- ments to send through the mail or in interstate commerce, an ID that car- ries a birth date that does not bear a clearly imprinted disclaimer that it. is "not a government document." This will make it much easier for sellers- of alcoholic beverages to avoid being fooled by unfamiliar, unofficial identi- fication. I want to congratulate our colleague HENRY HYDE who has diligently and capably worked on this issue for many years. He has sponsored legislation in three Congresses and testified before the- Subcommittee on Crime and the Senate Judiciary Committee to urge enactment of this legislation. Mr. Speaker, I also want to con- gratulate the 'ranking, minority member of our subcommittee, the gen- tleman from Michigan,, HAL SAWYER? who also worked tirelessly on this bill, as well as. the ranking minority member of the. full Committee on the Judiciary, the gentleman from Illinois, BOB McCLORY, and our colleague, the- gentleman from New Jersey, PETER RODINO, for his work on the legisla- tion.. Mr. HYDE. Mr. Speaker, further re- serving the right to object, I. rise in strong support of the conference report on H.R.. 6946, the False Identifi- cation Crime Control Act of 1982: This bill represents the culmination of the efforts of myself and others who have been concerned about the staggering numbers of false identification cards which are sold and used for illegal pur- poses. 1 want to commend the gentle- men from New Jersey (Mr. HUGHES), the chairman of the subcommittee, and the ranking Republican, the gen- tleman from Michigan (Mr. SAWYER) for their devotion to this project. As a result of our combined efforts, this im- portant legislation has at. long. last seen the light of day. As my colleagues are aware, this leg- isi'ation had its inception with a Jus- tice Department report. issued 6 years ago. The Federal Advisory Committee on False Identification, after a thor- ough investigation, documented a flood of false identification documents used in this country to facilitate crimi- nal activities of all sorts, including ter- rorism, organized-crime, and illegal im- migration. The committee outlined the classic "paper trip" whereby a cer- tified copy of the birth certificate of a deceased person is used as a "breeder document" to acquire a driver's li- cense, social security card, and other documents,, thus providing the evi- dence to support the creation of a new identity. Since the FACFI Report was issued, the problems it identified have wors- ened in light of the increased number of illegal aliens, international terror- ists and drug-smuggling rings in recent years, Federal authorities have discov- ered that false indentification is a common device used by currency coun- terfeiters and firearms smugglers. Fur- thermore, it enables young people to circumvent the laws establishing mini- mum drinking ages. The consequences have been devastating in terms of young lives lost at the-hands of drunk drivers. - H.R. 6946 addresses the clear Feder- al interest in this area by making it an offense to produce false identification documents, transfer such documents, to possess them under certain circum- stances such as with an intent to use them unlawfully or to defraud the United States. The punishment for the production or transfer of the most . useful documents, such as Federal ID's and State driver's licenses are subtan- tial in the hopes that they will deter those. who seek to profit from this scandalous business. I believe that this nnnn z~nnn znnnQnnn z Aved Far-.F oloasQ nQ7I( r,t1 A - f'1 A ofD4r, Approved For Releas legislation will have a substantial ad- verse impact on the proliferation of false identification documents in this country and, as a result, it will make it 7/05/14: CIA-RDP85-00003R000300080003-0 , RESSIONAL RECORD - HOUSE ^ 2140 IMMIGRATION REFORM AND CONTROL ACT OF 1982 more difficult for underage drinkers, Mr.' MAZZOLI. Mr. Speaker, I move terrorists, and drug traffickers to vio- that the House resolve itself into the late the law. Committee of the Whole House on the Mr. Speaker, as the primary propo- nent of false identification legislation during the -last three Congresses, I want to express my sincere apprecia- tion to several people who have been instrumental in bringing this legisla- tion to the floor today. Of course, as I have mentioned, the chairman and ranking.,Republican on the subcom- mittee have provided great leadership and direction on this issue. The sub- committee staff, including Hayden Gregory, Eric Sterling, and Deborah Owen, have worked long and hard on this matter as well. Fran Westner of my office has been tireless in her ef- forts, over the.last 6 years to generate support for this much needed bill. Spe- cial thanks are due Francis Knight, former director of the Passport Divi- sion, who first brought the need for this legislation to my attention over 5 years ago. Mr. Speaker, again I urge my col- leagues to vote in favor of this impor- tant conference report. I - (Mr. HYDE asked and was given per- mission to revise and extend his re- marks.) Mr. HYDE. Mr.. Speaker, I withdraw my reservation of objection. The : SPEAKER pro tempore.; Is there objection to the request of the gentleman from New Jersey? There was no objection. -Mr. HUGHES. Mr. Speaker, I ask unanimous consent that the statement of the managers be read in lieu of the report. The SPEAKER pro tempore. Is there objection to the request of the' gentleman from New Jersey? There was no objection. The Clerk read the statement. (For conference report and state- ment see prior proceedings of the House today.) The SPEAKER pro tempore. With- out objection, the previous question is ordered on the conference report. -There was no objection. The SPEAKER pro tempore. The question is on the conference report. ce re ort was agreed to. motion to reconsl er was laid on the table. GENERAL LEAVE Mr. HUGHES. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks on the conference report- just agreed to. The ? SPEAKER pro tempore. Is there objection to the request of the gentleman from New Jersey? There was no objection. state of the Union for the further con- sideration of the bill (H.R. 7357) to revise and reform the Immigration and Nationality Act, and for other purposes. The- SPEAKER pro tempore. The question is on the motion offered by the gentleman from Kentucky (Mr. MAz- ZOLI). The question was taken; and the Speaker pro tempore announced that the ayes appeared to have it. Mr. LUJAN. Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present. The SPEAKER pro tempore. Evi- dently a quorum is not present. The Sergeant' at Arms will notify absent Members. The vote was taken by electronic device, and there were-yeas 148, nays 113, not voting 172, as follows: [Roll No. 480] YEAS-148 Akaka Albosta Alexander Andrews Anthony, Barnard Barnes Bedell Bennett .Bereuter Bevill Boggs Boner. Brinkley Butler Carney Cheney Clinger Conable Conte Corcoran Coughlin Coyne, William Crane, Daniel Daniel, R. W. Daschle Daub Derwinski Dicks Dingell Donnelly Dougherty' Dowdy Downey Dreier Dwyer Dyson Eckart Edwards (AL) Edwards (CA) Erlenborn Fait' Fenwick Fish Flippo Foglietta Ford (MI) Fowler Frenzel Frost - Anderson Archer Aspin AuCoin Badham' Gaydos Gejdenson Gibbons Gilman Gingrich Glickman Gore Gregg Guarini Gunderson Hall, Ralph Hall, Sam Hamilton Harkin Howard Royer Hubbard Hughes Hutto. Hyde Jeffords Jenkins Jones (OK) Kastenmeier Kennelly Kildee Kindness Lagomarsino Latta Levitas Lewis Livingston Lott . Lowery (CA) Lowry (WA) Lungren Madigan Martin (IL) Mavroules Mazzola McClory. McCollum McCurdy McEwen McGrath McHugh Mica Michel Miller (CA) Miller (OH) Bailey (MO) Benedict Bliley Bouquard Bowen Minish Mitchell (MD) Moorhead Murtha Natcher Nowak Oberstar Obey Panetta Parris Pease Pepper Perkins Petri Porter Rahall Rangel Regula Rinaldo Rodino Roemer Roukema Sabo Sawyer Scheuer - Schumer Shamansky Sharp Shaw Simon Smith (IA) Snowe Snyder Solarz Stratton Studds, Tauke Vento Volkmer Wampler Watkins White Whitley Wilson Wolpe Wyden Wylie Zablocki Brooks Brown (CA) Brown (CO) Broyhill Burton, Phillip Byron Campbell Chappell Clay Coelho Coleman Conyers Courter December 17, 1982 Gramm Murphy Gray Myers Hall (IN) Nelligan Hammerschmidt Oakar ? Hance Patman Hansen-(ID) Patterson Hansen (UT) Paul Hartnett Quillen Craig Hatcher Daniel, Dan Heckler Dannemeyer Hightower de Is Garza Hopkins . Dellums Huckaby Dickinson Hunter Dixon- Jones (TN) Doman Kazen Duncan Kogovsek Edgar. Kramer Edwards (OK) Leath Emerson LeBoutillier English Leland Erdahl Loeffler Evans(IA) Lujan Evans(IN) Marlenee Fazio Marriott Fiedler Martin (NY) Fithian Martinez Ford (TN) Matsui Fountain McDonald Garcia Molinari ? Ginn Mollohan Gonzalez Montgomery Goodling Morrison Roberts (KS) Robinson Roth Roybal Sensenbrenner, Shelby . Shumway Siljander Skeen Smith (NE) Smith (NJ) Smith (OR) Solomon Spence St Germain Staton Stenholm Stump Taylor Thomas Walker Weber (OH) Wolf Young (MO) NOT VOTING-172 Addabbo Green Railsback Annunzio Grisham Ratchford Applegate Hagedorn Reuss Ashbrook Hall (OH) Rhodes Atkinson Hawkins Ritter Bafalis Hefner Roberts (SD) Bailey (PA) Heftel Roe Beard Hendon Rogers Beilenson Hertel Rose Bethune Hiler- Rosenthal Biaggi Hillis Rostenkowski Bingham Holland Rousselot Blanchard Hollenbeck ' Rudd, Boland Holt - Russo Bolling Horton, Santini Bonior Ireland Savage Bonker Jacobs Schneider Breaux Jeffries Schroeder' Brodhead Johnston Schulze Broomfield Jones (NC) Seiberling Brown (OH) Kemp Shannon Burgener LaFalce Shuster Burton, John . Lantos - Skelton Carman Leach Smith (AL) Chappie Lee Smith (PA) Chisholm Lehman Stangeland Clausen Lent Stanton- Coats Long (LA) Stark Collins (IL) Long (MD) Stokes Collins (TX) Luken Swift Coyne, James Lundine Synar Crane, Philip Markey Tauzin Crockett Marks Traxler D'Amours Martin (NC) Trible Davis Mattox Udall DeNardis McDade Walgren Derrick McKinney Washington Dorgan Mikulski Waxman Dunn Mineta Weaver Dymally Mitchell (NY) Weber (MN) Early -.Moakley Weiss Emery Moffett Whitehurst Ertel - Moore . Whittaker Evans (DE) ` Mottl Whitten Evans (GA) Napier Williams (MT) Pascell Neal Williams (OH) Ferraro Nelson Winn , Fields ` Nichols Wirth Findley O'Brien . Wortley Florio Ottinger Wright Foley . Oxley, Yates Forsythe Pashayan Yatron Frank Peyser Young (AX) Fuqua ' Pickle Young (FL) Gephardt Price Zeferetti Goldwater Pritchard - ' Gradison Pursell Messrs. ALBOSTA, FORD of Michi- gan, MICHEL, WILSON, MADIGAN, RANGEL, - ANDREWS, DREIER,