[Congressional Record Volume 140, Number 99 (Tuesday, July 26, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: July 26, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
 MOTION TO INSTRUCT CONFEREES ON H.R. 3355, VIOLENT CRIME CONTROL AND 
                      LAW ENFORCEMENT ACT OF 1993

  Mr. TRAFICANT. Mr. Speaker, I offer a motion to instruct conferees on 
the bill (H.R. 3355) to amend the Omnibus Crime Control and Safe 
Streets Act of 1968 to allow grants to increase police presence, to 
expand and improve cooperative efforts between law enforcement agencies 
and members of the community to address crime and disorder problems, 
and otherwise to enhance public safety.
  The SPEAKER pro tempore (Mr. Montgomery). The Clerk will report the 
motion.
  The Clerk read as follows:

       Mr. Traficant moves that the managers on the part of the 
     House at the conference on the disagreeing votes of the two 
     Houses on the House amendment to the Senate amendment to the 
     bill H.R. 3355 be instructed to insist upon the provisions 
     contained in the amendment offered by Mr. Traficant, as 
     agreed to by the House, relating to the requirements in the 
     representation of domestic origin in labeling of products.

  The SPEAKER pro tempore. The gentleman from Ohio [Mr. Traficant] is 
recognized for 30 minutes.
  Mr. TRAFICANT. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I did not want to come over and take the time of the 
Congress with a motion to instruct, and I realize that it is not 
binding, but there is a problem that we have. I want to make it 
explicit and spread across the Record of the Congress that this is an 
important issue and one I do not want overlooked in conference.
  My amendment that was offered on the crime bill basically set up 
provisions, criminal penalties on someone who would affix a fraudulent 
``Made in America'' label to some imported item.

                              {time}  1350

  At the time that amendment was opposed by the committee chair, the 
gentleman from Texas [Mr. Brooks], and there were some reservations, 
but nevertheless, this Congress in an overwhelming fashion approved 
that legislation, and it is the only legislation on a crime bill that 
deals with American jobs, and these fraudulent labels that are being 
placed on some imports that are helping to wreck American jobs.
  Now, I said at the time that I would provide any leeway for whatever 
compromise could be made on this amendment, and that I urged the 
conference to in fact do that, but to keep in place the general intent 
of what that amendment stood for to, in fact, at least develop a 
process of challenging these fraudulent ``Made in America'' labels.
  Now, it is bad enough that some of these imports coming in here 
actually are made by slave laborers in prison camps in places like 
China and other spots around the world, but then they come in here and 
they get a fake ``Made in America'' label put on them, and the American 
consumer believes, ``My God, these products are actually made by our 
neighbors and the citizens in our country,'' and they are even sold 
many times under the guise of being American-made. That is absolutely 
unbelievable to me, intolerable. Something has to be done.
  This is the place to do it.
  With all of this fighting and infighting on germaneness on many of 
these other bills, what brought this matter to light recently is a 
matter that occurred down in Florence, KY, right south of Cincinnati, 
OH, a company called Mazak, Inc. One of us would think that is just 
some little welding outfit, a couple of Americans that put together a 
nice plan, but that is really not the case. Mazak, Inc., is a wholly 
owned Japanese subsidiary of Yamizaki, Inc., one of the biggest 
machine-tool industry companies in the entire world. Here is what it 
boiled down to, and it did not take the Commerce Department or the 
Congress to do something about it.
  ``60 Minutes,'' CBS's ``60 Minutes,'' was responsible finally for 
bringing this to the attention of the American people.
  Now, I want you to listen to this, because I want this in the bill. I 
want Congress to stand with me in this, on this matter, in the bill, 
and I want some negotiated settlement at least to make this happen.
  Here is what occurred: Mazak, Inc., had a contract, a defense 
contract, and because the items were sophisticated, under our ``Buy 
American'' provisions and our national security law, to keep in place 
some industrial infrastructure that could make these items, there is a 
Buy American provision on them.
  Now, a young marine finally got tired of turning his back, and he 
reported and found the documentation to prove that Mazak, Inc., was 
importing these products and these machines made in Japan, bringing 
them into Houston and New Orleans, putting a fake ``Made in America'' 
label on them, and shipping them into our defense source, procurement 
agent. Unbelievable to me.
  ``60 Minutes'' brought it to the attention of the American people. 
The American people were rightfully so incensed by this behavior, and 
something has got to be done.
  So I did pass an amendment, and an amendment that was voted on, an 
amendment that was overwhelmingly approved by the House. Now, I have 
heard there are some powerful Senators who have a couple of companies 
that called them and said, ``We do not want that Traficant amendment. 
Kill it.''
  Ladies and gentlemen of the Congress, who other than a person that 
might violate this law would oppose this law?
  I have never come to the floor in 10 years, but I am asking the 
Congress of the United States, the House of Representatives, to tell 
the other body, ``By God, we are willing to accept some compromise 
language, but we will not be shut out, and we are tired of fraudulent 
labels.''
  Now, we are either going to do this, Congress, or we might as well 
just send out the band and play a few tunes and let the jobs keep going 
overseas, because we are screwing American workers. That is the bottom 
line.
  Mr. Speaker, I yield 2 minutes to the gentleman from Indiana [Mr. 
Burton].
  Mr. BURTON of Indiana. Mr. Speaker, I think the gentleman from Ohio 
makes some very valid points and arguments.
  That amendment to which he referred which he sponsored passed the 
House of Representatives overwhelmingly, and I think that it should be 
left in the conference committee report.
  There are cases that we know about where slave-labor-made items from 
China and elsewhere came into this country and have been relabeled 
``Made in America.'' That is something that should not be tolerated. I 
conjure with him that there should be criminal penalties imposed for 
that kind of activity.
  For that reason, as a Republican, in order to show there is 
bipartisan support for this, I urge my colleagues on a voice vote to 
accept his resolution here today that we instruct our conferees to 
accept a Buy American provision and impose criminal penalties for 
anybody who tampers with items made overseas that would lead one to 
believe that they were made in America when they are not.
  I congratulate my colleague and urge all of my colleagues to support 
it.
  Mr. TRAFICANT. Mr. Speaker, I yield myself such time as I may 
consume.
  I have a brief closing statement I would like to read into the 
Record.
  This is by no stretch of the imagination questioning the decision of 
the chairman, the gentleman from Texas [Mr. Brooks] in the conference. 
The gentleman from Texas [Mr. Brooks], the chairman, and his staff have 
worked out a reasonable compromise, and the gentleman from Texas [Mr. 
Brooks] is supporting that compromise, and this is not in fact 
questioning the handling by the chairman, the gentleman from Texas [Mr. 
Brooks] of this matter. He supports this.
  But there has been language that is worked out, and I would like to 
share that briefly upon the record before I close. The proposed 
substitute would read, and I quote:

   Proposed Substitute for Subtitle R--Labels on Products--Crime Bill

     SEC. 3086.

       To the extent any person introduces, delivers for 
     introduction, sells, advertises, or offers for sale in 
     commerce a product with a ``Made in the U.S.A.'' or ``Made in 
     America'' label, or the equivalent thereof, in order to 
     represent that such product was in whole or substantial part 
     of domestic origin, such label shall be consistent with 
     decisions and orders of the Federal Trade Commission issued 
     pursuant to section 5 of the Federal Trade Commission Act. 
     This section only applies to such labels. Nothing in this 
     section shall preclude the application of other provisions of 
     law relating to labeling. The Commission may periodically 
     consider an appropriate percentage of imported components 
     which may be included, in the product and still be reasonably 
     consistent with such decisions and orders. Nothing in this 
     section shall preclude use of such labels for products that 
     contain imported components under the label when the label 
     also discloses such information in a clear and conspicuous 
     manner. The Commission shall administer this section pursuant 
     to section 5 of the Federal Trade Commission Act and may from 
     time to time issue rules pursuant to section 553 of Title 5, 
     United States Code for such purpose. If a rule is issued, 
     such violation shall be treated by the Commission as a 
     violation of a rule under section 18 of the Federal Trade 
     Commissions Act (15 U.S.C. 57a) regarding unfair or deceptive 
     acts or practices. This section shall be effective upon 
     publication in the Federal Register of a Notice of the 
     provisions of this section. The Commission shall publish such 
     notice within six months after the enactment of this section.

  Mr. Speaker, that compromise language is fine. Nobody in the House 
has a problem with it. I would like to say this in closing to the 
House, if you let a Senator, one or two Senators, who have a company in 
their district who more than likely is violating this provision is the 
only reason why they would oppose it, get over and strike for the 
American workplace the protection of our American workers, this simple, 
objective, fair, and prudent language, then God almighty, who governs 
anymore?
  And what do we do around here? I insist on the provision passed in 
the House dealing with fraudulent labels as it relates to Mazak, Inc., 
and many other such cases, that the Congress stand firm and in fact 
insist that that be kept in the bill in at least some form.
  Mr. Speaker, with that, if there are no other Members to speak on the 
issue, I have no further requests for time, and I yield back the 
balance of my time.
  The SPEAKER pro tempore (Mr. Montgomery). Without objection, the 
previous question is ordered on the motion to instruct.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Ohio [Mr. Traficant].
  The motion was agreed to.
  A motion to reconsider was laid on the table.

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