CONGRESSIONAL RECORD— Extensions of Remarks E2277 HON
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CONGRESSIONAL RECORD Ð Extensions of Remarks E2277 Please accept this letter as our Associa- the taxpayers. One amendment would provide Section 223(a) provides that whoever tion's support for this very important legis- $50 million for the TVA's non-power programs makes any comment, request, suggestion, lation. We thank you for taking the leader- in 1999. But another provision would cost tax- proposal, image or other communication which ship on this issue. payers much more than the $50 million or Sincerely is obscene or indecent, knowing that the recip- ROBERT S. ELSBERG, even the original $70 million for TVA's non- ient of the communication is under 18 years of Legislative Chairman. power programs. The second TVA provision age, shall be subject to criminal fines and pen- also attached to the Omnibus bill would permit alties. While certain parts of section 223 have f TVA to refinance some of its $30 billion debt been successfully challenged in the court sys- LEN SWINEHART'S BIRTHDAY through the U.S. Treasury's Federal Financing tem, the Supreme Court upheld the constitu- Bank. If passed, TVA would be allowed to bor- tionality of this provision relating to transmittal HON. NEWT GINGRICH row $3.2 billion from the Federal Government of obscene material. Thus, it seems that sec- OF GEORGIA and taxpayers would be forced to pay for the tion 401 of H.R. 3494 would overlap with the IN THE HOUSE OF REPRESENTATIVES $1 billion cost of this refinancing. provisions of section 223(a), providing an ad- Despite the vehement protests of appropri- Tuesday, October 20, 1998 ditional tool for prosecutors to use. In doing ators and authorizers, the legislation allows so, it should be clear that whether a prosecu- Mr. GINGRICH. Mr. Speaker, it isn't often this giant utility to refinance its debt without tor uses section 223(a) of the Communications that someone can celebrate their 50th birthday paying the contractually-required prepayment Act or section 401 of H.R. 3494 to address the and help pass a 4,000-page appropriations penalty. increasing problem of the availability of ob- bill. Len Swinehart has been a hardworking, TVA is already $30 billion in debt, pays no scene material to minors available through a knowledgeable and effective member of the taxes, enjoys access to low-cost capital, and telecommunications device, the Commerce Speaker's staff. He has specialized in budget avoids scores of Federal laws and State regu- Committee retains oversight responsibility. lations. The taxpayers must not be burdened and appropriations issues and he has effec- Section 901 provides for the Attorney Gen- further by TVA. tively represented the taxpayers of America. eral to contract with the National Academy of f For the last two weeks Len has been im- Sciences to conduct a study of computer- mersed in monitoring the details of this mas- COMMERCE COMMITTEE CONCURS based technologies and other methods to ad- sive $500 billion budget. Tonight he will be WITH H.R. 3494 dress the problem of access to pornography able to celebrate his first half century and a by children. The provision requires the study job well done. Happy birthday Len and thank HON. TOM BLILEY address a number of issues, including the you. present-day computer-based technologies for f OF VIRGINIA IN THE HOUSE OF REPRESENTATIVES controlling electronic transmission of porno- PROTESTING SECTION 103 OF DIVI- Tuesday, October 20, 1998 graphic images, research needed to develop SION A OF THE OMNIBUS APPRO- effective computer-based technologies for PRIATIONS BILL Mr. BLILEY. Mr. Speaker, I rise in support such purposes, potential limitations of com- of H.R. 3494, ``the Protection of Children From puter-based technologies for such purposes, Sexual Predators Act of 1998.'' Several days and operational procedures necessary to en- HON. RODNEY P. FRELINGHUYSEN ago, the House concurred with amendments OF NEW JERSEY sure the computer-based technologies are ef- made to H.R. 3494 by the Senate. The legisla- fective. IN THE HOUSE OF REPRESENTATIVES tion is now being prepared for the President's Tuesday, October 20, 1998 Over the last few years, the Commerce signature. Committee has addressed computer-based In general, H.R. 3494 amends current law to Mr. FRELINGHUYSEN. Mr. Speaker, today technologies, including software screening strengthen the provisions that protect children I introduced a measure to correct H.R. 4328 programs and computer-based age verification from sexual predators. The amendments are by striking section 103 of division A. As technologies. In fact, section 901 is similar to needed to ensure that our laws keep pace passed now, section 103 of division A will cost the provisions added to H.R. 3783, the Child with technology and that we do all we can to American taxpayers $1 billion because it per- Online Protection Act (COPA), which recently maintain the innocence of our children. While mits the Tennessee Valley Authority to refi- passed in the House, to limit access to porno- the actions of sexual predators are inexcus- nance some of its $30 billion debt through the graphic material by children. Section 104 of able, subjecting our children to this sick and Federal Government. H.R. 3783 establishes a Commission com- harmful behavior is morally unacceptable. I have thought for a long time that New Jer- posed of government and industry experts, in- These practices are degrading and undermine sey taxpayers should not have to help pay to cluding representatives in the business of pro- the fabric of our society. H.R. 3494 will help subsidize electricity for the Tennessee Valley viding Internet filtering and blocking services which is one reason why I have fought to end put an end to such practices. The Commerce Committee has been inte- and software, Internet access services and the Federal Government's subsidies for TVA. Internet labeling or ratings services. But compared to TVA's refinancing deal, the grally involved in a similar effort to protect chil- The purpose of the Commission is to study non-power program subsidy was peanuts. dren. The Commerce Committee has worked methods to help reduce access by minors to Taxpayers will be footing the bill for this back- in the past with the Judiciary Committee to material that is harmful to minors on the Inter- room deal and the cost is over $1 billion. craft similar legislation. Thus, the Committee net. The Commission is tasked with submitting Striking out this section would wipe out the was pleased to see the development of H.R. a report to Congress which will include: (1) a hidden provision to allow TVA to refinance its 3494 as it proceeded through the legislative description of the technologies and methods billions of dollars of debt through the Federal process and chose not to raise jurisdictional identified by the study and the results of the Government at the cost of U.S. taxpayers. issues that may have prevented the legislation Since the New Deal, TVA has asked for and from moving forward. It is important, however, analysis of each such technology and method; received the Federal Government's help to to highlight our jurisdictional interest in this im- (2) the conclusions and recommendations of control flood waters in the Tennessee Valley, portant matter. the Commission regarding each such tech- but when it comes to the flood of Federal dol- I note that at least two sections of H.R. nology or method; (3) recommendations for lars for the TVA, they just say ``let it flow.'' 3494, sections 401 and 901 fall within the ju- legislative or administrative actions to imple- This refinancing scheme and extra funding is risdiction of the Commerce Committee. Sec- ment the conclusions of the Commission; and not fair to taxpayers in New Jersey and all tion 401 imposes a new prohibition on the (4) a description of the technologies or meth- around America and it is against the ex- transfer of obscene material to minors (under ods identified by the study that may meet the pressed will of Congress. the age of 16). The scope of this provision requirements for use as affirmative defenses I led the efforts to zero out this annual Fed- would cover all transfers of such material, in- provided under other provisions of law. eral subsidy contained in the Energy and cluding via mail or telecommunications net- I believe the Commerce Committee and the Water Appropriations bill. Both House and works. Congress has already addressed this Judiciary Committee have arrived at com- Senate Appropriators agreed with me, and this matter when it enacted section 223(a) of the plimentary solutions. The study authorized by year we cut the $70 million subsidy in the Communications Act of 1934, as added by title H.R. 3494 would fit well within the study au- FY99 Energy and Water Appropriations bill al- V of the Telecommunications Act of 1996 thorized by H.R. 3873. ready signed into law by the President. (also known as the Communications Decency While I am hopeful that H.R. 3783 will be- But in a last-minute deal, two amendments Act), which was jointly written by Members of come law this Congress, it should be recog- slipped into the Omnibus bill which will cost the Commerce and Judiciary Committees. nized that the Commerce Committee intends E2278 CONGRESSIONAL RECORD Ð Extensions of Remarks October 21, 1998 to fully exercise its jurisdiction over future con- scrabble youth on the streets of Cleveland, Yankovic's biggest hits from the 1940s, the sideration of such matters, including involve- Ohio to the country's best selling Polka music only two polka songs ever to sell more than ment with the National Academy of Sciences artist deserves recognition.